Colorado is deemed an express consent state. The act of getting behind the wheel of a car means that you agree to consent to a chemical test of breath or blood only if probable cause exists. Refusing to submit to testing will cause your license to be revoked for one year without the ability to secure a restricted license or drive at all.
DUI vs. DWAI
Driving under the influence (DUI) is operating a motor vehicle at a .08 or higher alcohol level. Driving while your ability is impaired (DWAI) is charged if the driver’s blood alcohol level is .05 or higher. The charges are very similar and carry similar penalties. The burden of proof by the prosecution differs only in that they are required to prove that you were affected to the slightest degree, beyond the level of exercising clear judgment.
Needing a Qualified DUI Attorney
Colorado Drunk Driving Laws are complex and the penalties are serious. Many who have been charged immediately plead guilty in an effort to make the matter go away. They disregard the issues of license revocation, higher insurance rates and a DUI on their record.
When you meet with a Denver DUI attorney at Ellmann & Ellmann, P.C., we immediately get to work on your case. That includes working to protect your ability to drive while the case is ongoing. We will also gather all the evidence, including any paperwork and video or audio footage of the arrest. When facing a Colorado Drunk Driving charge, you have rights and if those rights were violated by arresting officers, we will fight to protect you and see that the officers answer for their actions.
Issues, including probable cause for the stop, the field sobriety test, and chemical testing can all be challenged when you are represented by a knowledgeable Denver DUI attorney. A Denver Drunk Driving DUI charge does not equate to a DUI conviction. Get the representation that you are entitled to at Ellmann & Ellmann, P.C.
For more information or to schedule a free consultation, please contact us.
Ellmann & Ellmann, P.C.
333 Perry Street, Suite 309
Castle Rock, CO 80104
Phone Office: (303) 814-2600
Fax: (303) 814-2618