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What You Need to Know About DUI/DWAI Charges Services
DUI vs. DWAI
In Colorado, DUI refers to Driving Under the Influence, typically involving alcohol, prescription drugs, or marijuana. DWAI stands for Driving While Ability Impaired, which can also result from alcohol, drugs, or marijuana, but typically involves lower levels of impairment than DUI. However, both charges carry serious penalties, including license suspension, fines, and possible jail time.
Felony DUI/DWAI
Colorado law recently made a fourth DUI/DWAI offense a felony. This means that individuals charged with multiple offenses face severe consequences that can include lengthy prison sentences, heavy fines, and long-term repercussions. Having an experienced defense attorney can make a significant difference in these cases.
The Two Legal Processes: Criminal and DMV
When you’re arrested for a DUI or DWAI, you face two separate legal processes:
- Criminal Process: In criminal court, you could face fines, jail time, or even a permanent criminal record.
- DMV License Suspension Hearing: Your driver’s license can be automatically suspended, even if you haven’t been convicted in criminal court. It’s important to act quickly by filing a license appeal with the Department of Motor Vehicles (DMV) within seven days of your arrest to preserve your driving privileges.
What is the difference between DUI and DWAI?
DUI (Driving Under the Influence) typically involves higher levels of alcohol, drug, or marijuana impairment. DWAI (Driving While Ability Impaired) can occur with lower levels of impairment but still results in charges. Both are serious offenses, but DUI carries more severe penalties than DWAI.
How long do I have to challenge my DUI license suspension?
In Colorado, you must request a DMV hearing within seven days of your arrest to challenge your license suspension. Failing to do so can result in an automatic suspension of your driving privileges.
Can I avoid jail time for my first DUI offense?
It is possible to avoid jail time for a first DUI offense, especially if the charges are reduced or mitigated. An experienced attorney can negotiate with the prosecutor for a reduced sentence, which might include probation, community service, or alcohol education classes.
What happens if I don’t file a license appeal?
If you do not file a license appeal with the DMV within seven days of your arrest, your driver’s license will be automatically suspended. This could result in the inability to drive for an extended period, even before your criminal trial takes place.
Can a DUI be reduced to a DWAI?
In some cases, DUI charges can be reduced to DWAI. However, this typically depends on the circumstances of your case, including the strength of the evidence against you. Our attorneys can negotiate with the prosecution to reduce the charges if possible.
What should I do if I’ve been charged with a DUI or DWAI in Frisco or Eagle County?
If you’ve been charged with DUI or DWAI, it’s essential to act quickly. Contact Gendelman Klimas Edwards, Ltd. for an immediate consultation. Our experienced defense attorneys will guide you through the process, protect your rights, and work to achieve the best possible outcome.
