The Skilled Legal Help You Need When Facing DUI Or DWAI Charges

Having a DUI on your record can turn your life upside down. From having your license taken away and mandatory classes to the potential of jail or prison time, a DUI conviction can lead to serious consequences.

For many people, being pulled over on the suspicion of a DUI is their first ever experience with the criminal justice system. Looking in your rearview mirror and seeing the flashing red and blue lights can be a terrifying experience and is the start of an overwhelming process. Colorado laws have created very strict punishments for DUI convictions, and the district attorneys in Colorado Springs treat DUI offenses especially seriously.

With so much on the line, it is crucial that you have experienced DUI lawyers by your side. A skilled DUI lawyer can look through the smallest details to help you come up with ways to effectively fight your charges. Our decades of experience have taught us exactly what to look for, whether it is making sure the police did their job correctly in reading you your express consent rights, following the mandated timelines or ensuring that the blood or breath tests are interpreted correctly.

What Are The Different Types Of DUI Charges?

The general umbrella of DUI covers all driving related intoxication cases. However, in Colorado, the law has differentiated DUI into multiple categories based on the level of intoxication and age classification. Those categories are:

DUI (Driving Under the Influence): under the influence of drugs or alcohol to a point where a person is substantially incapable of operating a motor vehicle safely. When only alcohol is suspected, DUI can be charged when a person’s test returns with a blood or breath alcohol level of .08% or above (often charged as DUI Per Se).
DWAI (Driving While Ability Impaired): under the influence of drugs or alcohol to a point where a person’s ability to operate a motor vehicle is impaired to the slightest degree. When only alcohol is suspected, DWAI can be charged when a person’s test returns with a blood or breath alcohol level between .05% and .08%.
Baby DUI (Underage Drinking and Driving): if the driver is under the age of 21 and has a blood or breath alcohol level between .02% and .05%.

We have considerable experience with all types of impaired-driving charges, and we are ready to help you protect your rights and freedom.

What Can Happen After A DUI Conviction?

A DUI conviction can come with a lot of consequences, many of which are specific to an individual person or situation (for example, driving can be so crucial to your job that losing your license would lead to you losing your job). Although the law has prescribed a set of penalties for DUI offenses, you can never know exactly how a DUI conviction will affect your life without talking to an experienced DUI lawyer.

First DUI Conviction

Jail – Mandatory minimum five days in jail up to a year in jail (although the five days can be suspended upon completion of classes). 10 days mandatory minimum, not waivable, if blood or breath alcohol level is higher than .20%.
Probation – One to two years of supervised or unsupervised probation. Generally includes Level I or Level II alcohol education classes and other classes as ordered by the judge.
Useful public service – Commonly referred to as community service. Between 48 to 96 hours are required, but two of those hours can be satisfied through a MADD (Mothers Against Drunk Driving) class.
Fines – $600 to $1,000
Court costs and surcharges
12 points assessed on your license

First DWAI Conviction

Jail – Mandatory minimum two days in jail, up to 180 days in jail (although the two days can be suspended upon completion of classes).
Probation – One to two years of supervised or unsupervised probation. Generally includes Level I or Level II alcohol education classes and other classes as ordered by the judge.
Useful public service – Commonly referred to as community service. Between 24 to 48 hours are required, but two of those hours can be satisfied through a MADD (Mothers Against Drunk Driving) class.
Fines – $200 to $500
Court costs and surcharges
8 points assessed on your license

Second DUI Or DWAI Conviction

Jail – Mandatory minimum 10 days in jail up to one year in jail (10 days have to be served and cannot be suspended). Plus another potential for one year of jail if back on probation violation.
Probation – Two to four years of supervised or unsupervised probation. Generally includes Level I or Level II alcohol education classes and other classes as ordered by the judge. Judge often suspends one year in jail.
Useful public service – Commonly referred to as community service. Between 48 to 120 hours are required, but two of those hours can be satisfied through a MADD (Mothers Against Drunk Driving) class.
Fines – $600 to $1,500
Court costs and surcharges
12 points assessed on your license

Third DUI Or DWAI Conviction

Jail – Mandatory minimum 60 days in jail up to 1 year in jail (60 days have to be served and cannot be suspended). Plus another potential for 1 year of jail if back on probation violation.
Probation – Two to four years of supervised or unsupervised probation. Generally includes Level I or Level II alcohol education classes and other classes as ordered by the judge. Judge often suspends one year in jail.
Useful public service – Commonly referred to as community service. Between 48 to 120 hours are required, but two of those hours can be satisfied through a MADD (Mothers Against Drunk Driving) class.
Fines – $600 to $1,500
Court costs and surcharges
12 points assessed on your license

Fourth Or Subsequent DUI Conviction (Felony DUI)

Jail – Mandatory 90 days up to 180 days in jail which cannot be suspended (120 days up to 2 years if being served as work release). Since this would be a felony DUI, jail can only be imposed when the judge is sentencing to probation.
Probation – Up to two years of supervised or unsupervised probation. Will include at least a Level II alcohol education classes and other classes as ordered by the judge. Judge is required to suspend one year in county jail.
Useful public service – Commonly referred to as community service. Between 48 to 120 hours are required, but two of those hours can be satisfied through a MADD (Mothers Against Drunk Driving) class.
ComCor – two to six years of community corrections. ComCor is a prison alternative program that allows a person who successfully completes the program to avoid prison altogether.
Prison – Anywhere from two years to 12 years in Colorado prison. Any prison time would be followed by two years of mandatory parole.
Fines – $2,000 to $500,000
Court costs and surcharges
12 points assessed on your license

Even though the desire to plead guilty and put everything behind you might be strong, pleading to a DUI or a DWAI can come with many unexpected consequences. It is vital for you to know all the different ways in which a DUI can affect your life so you know the best way to move forward.

Furthermore, DUIs are one of the most complicated and legally technical cases that exist. A single detail can change a case and make a case go from unwinnable to a slam dunk win. Lawyers at Grabski & Shah Law P.C. know which details matter and what questions to ask. Make use of our knowledge and experience to reach the best result for you.

Contact A Knowledgeable DUI Attorney Today

Criminal charges are scary, but we’re here to help. To take advantage of a free consultation with one of our skilled attorneys, call us at 719-300-8895.