Practice Areas

"Miller Leonard PC focuses on federal criminal defense, Colorado state criminal defense, Colorado municipal criminal defense and select civil matters such as defending civil orders of protection or sealing records. We put quality before quantity in order to provide superior legal representation. We serve the Denver metropolitan area including Jefferson, Denver, Adams and Arapahoe Counties as well as all of Colorado"

DUI/DWAI/DMV Hearings

Driving While Under the Influence and Driving While Ability Impaired are perhaps the most common form of criminal offenses in the system. Convictions for either offense will add points to your license, you may go to jail and you also will, besides your criminal case, have to deal with the DMV. What, then, is the difference between the two similar criminal charges?

A Common question is how many points am I going to get for certain traffic offenses, including, DUI or DWAI. Click on the link below for a copy of the DMV Point Brochure. It is a useful tool.
Point Brochure

Definitions:

DUI or "Driving under the influence," (Colorado Revised Statutes 42-4-1301) is when a person is driving a motor vehicle and they have consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

DWAI or "Driving while ability impaired" in Colorado means driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

*A (blood alcohol content) "BAC" of over 0.05% will put you at risk of a DWAI, and a BAC of 0.08% or over is in the presumptive DUI range.

A "DUI per se" is when an individual has a BAC over 0.08%, he or she can be charged with a DUI. This is also known as "excess blood alcohol content".

Jail is always a possibility with a Colorado DUI or DWAI conviction and you need to take these cases seriously.

The Penalty Upon Conviction:

The penalties for drunk driving in Colorado recently increased. The Legislature and Governor believed that the penalties were not adequate, especially when compared with other states. Lawmakers finally changed the law when it came to light in the media that some repeat offenders – on their 4th, 5th and 7th offenses – were not sentenced to jail time. It wasn’t just that issue that prompted a closer scrutiny of the penalties handed out for drunk driving. It was the fact that sentences were wildly disparate in all the courts, and that drivers who killed someone while DUI didn’t do jail time.

These penalties are hard even for first time offenders who for a first DWAI offense will face fines up to $500 and can spend anywhere from 2 to 180 days in jail, and up to 48 hours of community service. On top of that 8 points will be added to the driver's license.

A second DWAI offense carries harder penalties. Upon a second conviction, you face fines up to $1000. If the fines aren’t enough, you face the possibility of 45 days to one year in jail, along with serving up to 96 hours of community service. On top of all of this, your license will be suspended for a full year.

*While the Judge must impose the Jail sentence stated, it can be suspended.

For your first DUI, you face fines up to $1000. On top of the fines, you are looking at jail sentence from 5 days to 1 year along with up to 96 hours of community service. Your license will also be suspended for a full year.

*While the Judge must impose the Jail sentence stated, it can be suspended.

What about the DMV?

If you are charged with a DUI or DWAI, you will have an administrative driver's license matter with the Department of Motor Vehicles to deal with, as well as criminal charges.

Here is how it works:

A Notice of Revocation letter by the Colorado Department of Motor Vehicles (DMV), typically given to you upon your arrest if you take a breath test. Typically, you will have seven days from that time to request a hearing. You must respond within those seven days, or you will waive your right to have a hearing at the Colorado DMV.

A DMV hearing matters, and you should attend in order to present your side of the story.

The hearing usually occurs at the DMV headquarters in Lakewood, Colorado, and are not lengthy affairs.

The Colorado police officer who arrested you will usually be there to testify. They will try to prove to the hearing officer that there was "probable cause" to stop and arrest you; that the breath or blood sample was taken according to the law and that it is, in fact, accurate, and that your blood alcohol level was above the legal limit.

If the officer cannot prove any of these items, the action to revoke your driving privileges will be dismissed.

If the Colorado Department of Motor Vehicle's hearing officer rules against you concerning your DUI / DWAI, your Colorado driver's license will be revoked right there at the hearing and you will not be allowed to drive home - so you need to plan for this possibility

You will be given the opportunity to ask to be considered for a probationary license if the Hearing Officer Rules Against you. These requests for a probationary license can often be considered at the same hearing.

A probationary license is also called a RED license. The chances of obtaining this depend on how high your BAC was and other issues related to your arrest. It is only an option for first time offenders.

If you refused to take the test to determine your BAC, you will not be permitted to obtain a probationary license.

If you have been charged with DUI or DWAI call Miller Leonard, PC at 303-907-9516.

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