Aggressive Defense Against DUID and DWAI Charges
Fife, Mangnall & Mossinghoff • Denver Criminal Law Attorneys
It's a common scenario: a motorist is stopped for a minor traffic violation and the police officer claims to notice the odor of burnt marijuana. The driver is put through a battery of highly subjective roadside sobriety tests and the car is searched. At a traffic stop in Colorado, suspicion of driving under the influence is enough to result in arrest. Regardless of whether any alcohol, drugs or paraphernalia are found, the motorist may be arrested for driving under the influence of drugs (DUID) or driving while ability impaired (DWAI).
If you were stopped on a Colorado road or highway and the police feel they have enough evidence to prove that you were driving under the influence of marijuana or another drug (often after having obtained a blood test) you will almost certainly be charged with DUID, a criminal offense with serious penalties.
You need an experienced defense lawyer with a proven record of success in fighting DUID and DWAI charges. Call the Denver offices of Fife, Mangnall & Mossinghoff at 303-872-0539 or toll free at 877-690-4812 for a free consultation.
DWAI — What Is It?
Legal Definition:
You drove a vehicle after consuming alcohol and or drugs such that you were less able than you ordinarily would be, even to the slightest degree, to drive the vehicle with safety to yourself and to the public.
First Offense
For a first time DWAI conviction, a judge must impose from between two (2) days to six (6) months in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all or part of the sentence on condition that you complete and pay for a level I or level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation.
You must also attend a court-designated victim impact panel. Even if your blood alcohol content is below 0.170 grams of alcohol, there is no guarantee that the judge will suspend the entire jail sentence. Some don't.
The judge must also impose from between twenty-four (24) to forty-eight (48) hours of useful public service and from between $100 to $500 in fines. The judge must impose fines as well as court costs. Court costs usually amount to $500.
Eight (8) points will be assessed to your driving record. If you are under twenty-one years old, your license will be revoked (independent of points) for one (1) year. This one (1) year revocation is mandatory even if this is your only traffic violation in your entire life. This revocation does not permit any kind of restricted driving.
Finally, a DWAI conviction constitutes a habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
If your blood alcohol content exceeds 0.200 grams of alcohol, the judge cannot suspend your entire sentence. Instead, the judge can suspend all but ten (10) days in jail. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this is your first offense in a lifetime.
It does not matter if you are a single parent. It does not matter if jail will get you fired from your job. The judge must impose a minimum of ten (10) days in jail even if this is the first crime you have ever committed in your entire life.
DWAI with a Prior DWAI Conviction in a Lifetime
For a DWAI conviction with a previous DWAI conviction at any time in your life, a judge must impose from between forty-five (45) days to one (1) year in jail. When your blood alcohol content is below 0.200 grams of alcohol, the law permits the judge to suspend all but five (5) days in jail (which is the minimum) on condition that you complete and pay for a level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation.
You must also attend a court-designated victim impact panel. Five (5) days in jail is the absolute minimum. It does not matter if your prior DWAI conviction was twenty (20) years ago. There is no guarantee that the judge will impose the minimum five (5) day minimum. Most don't.
The judge must also impose from between forty-eight (48) to ninety-six (96) hours of useful public service and from between $300 to $1,000 in fines. The fines are in addition to court costs. Court costs usually amount to $500.
Eight points will be assessed to your driving record. If your prior DWAI conviction is outside five (5) years of your previous DWAI conviction, you will not face a one (1) year points suspension of your license unless you have four or more points assessed within twelve consecutive months of the date you were charged with your subsequent offense.
If so, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle. If your prior DWAI conviction is within five (5) years of your previous DWAI conviction, you will face a one (1) year revocation of your driving privilege. There is no lawful driving during this revocation. You cannot even get a license with an interlock device. Again, the law permits no restricted driving even if your license revocation costs you your job, your career, your marriage, etc.
A second DWAI conviction within seven (7) years of your previous DWAI constitutes a second habitual strike against your driving record. After three (3) major traffic violations within seven years, the Department of Motor Vehicles must revoke your license for five (5) years.
Blood Alcohol Level
If your blood alcohol content exceeds 0.170 grams of alcohol, the judge cannot suspend all but the minimum five (5) days. Instead, the minimum is again ten (10) days. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this is your first offense in 20 years. Obviously, the judge can impose more than ten (10) days in jail. The ten (10) days in jail is the minimum. The jail is mandatory. It does not matter if you are a single parent. It does not matter if you will get fired from your job. The judge must impose a minimum of ten (10) days in jail even if this is the first crime you have ever committed in your entire life since your last DWAI.
Previous Convictions
For a DWAI conviction with a previous DUI conviction at any time in your life time, a judge must impose from between sixty (60) days to one (1) year in jail. When your blood alcohol content is below 0.170 grams of alcohol, the law permits the judge to suspend all but six (6) days in jail (which is the minimum) on condition that you complete and pay for a level II alcohol education program and the corresponding therapy as recommended by the Court ordered alcohol/drug evaluation.
You must also attend a court-designated victim impact panel. The six (6) days in jail is the absolute minimum. It does not matter if your prior DUI conviction was twenty (20) years ago. There is no guarantee that the judge will impose the six (6) day minimum. Most don't.
The judge must also impose from between fifty-two (52) and one hundred and two (102) hours of useful public service and from between $400 and $1,200 in fines. The fines are in addition to court costs. Court costs usually amount to $400.
Eight points will be assessed to your driving record. If your DWAI conviction is outside five (5) years of your previous DUI conviction, you will not face a one (1) year points suspension of your license unless you have four or more points assessed within twelve (12) consecutive months of the date you were charged with your subsequent offense. If so, you can petition for a restricted "red" license which requires no interlock device being placed on your vehicle.
If your DWAI conviction is within five (5) years of your previous DUI conviction, you will face a one (1) year revocation of your driving privilege. There is no lawful driving during this revocation. You cannot even get a license with an interlock device. Again, the law permits no restricted driving even if your license revocation costs you your job, your career, your marriage, etc.
A DWAI conviction within seven (7) years of your previous DUI conviction constitutes a second habitual strike against your driving record. After three (3) major traffic violations within seven (7) years, the Department of Motor Vehicles must revoke your license for five (5) years.
If your blood alcohol content exceeds 0.20 grams of alcohol, the judge cannot suspend all but the minimum six (6) days. Instead, the minimum is again ten (10) days. In other words, the judge must sentence you to a minimum of ten (10) days in jail, even if this DWAI conviction is 20 years after your last DUI. Obviously, the judge can impose more than ten (10) days in jail. The ten (10) days in jail is the minimum.
The jail is mandatory. It does not matter if you are a single parent. It does not matter if you will get fired from your job. The judge must impose a minimum of ten (10) days in jail even if this is the first crime you have ever committed in your entire life since your previous DUI.
Contact Fife, Mangnall & Mossinghoff Today
You should seek the guidance and representation of a skilled attorney with an established track record of reducing the potential penalties in these cases. Please call our offices at 303-872-0539 or toll free at 877-690-4812 today to schedule a free consultation. You may also e-mail us now to request an appointment or to receive more information.
