DUI / DWAI / DUID defense

If you are accused of DUI (Driving under the influence), DUID (Driving under the influence of drugs) or DWAI (Driving while ability impaired) we recommend to contact our aggressive DUI/DUID/DWAI defense lawyers right away to see whether we can help defend you against these charges.  The Colorado DUI defense lawyers at Wessels & Arsenault LLC encourage you not to drink and drive, but if you are caught drinking and driving by law enforcement then you may be issued a DUI or a DWAI and end up facing serious long-term consequences. The experienced Colorado DUI defense team is prepared to help you fight or minimize the fallout from a DUI or DWAI charge.  If you are falsely accused of a DUI, DUID, or DWAI, then our defense attorneys can help protect your rights by taking the case to trial or trying to negotiate a reasonable plea.

It is important to remember that a DUI, DUID, or DWAI charge and conviction will result in both criminal and administrative penalties.  Persons convicted of a DUI, DUID, or DWAI charge can have their driver’s license suspended or revoked based on the number of “points” assigned to the conviction.  In the State of Colorado, if a person collects twelve points relating to traffic violations in a one-year period, then they can have their drivers license suspended or revoked by the Colorado Department of Revenue Department of Motor Vehicles.

DUI – Driving Under the Influence

A driving under the influence (“DUI”) charge is generally a criminal misdemeanor in the State of Colorado.  The  Colorado Revised Statutes currently defines Driving Under the Influence to mean:  driving a vehicle when a person has 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 he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. The statutory definition of a DUI can be found in Section 42-4-1301(1) (f), Colorado Revised Statutes (C.R.S.).

DWAI – Driving While Ability Impaired

A DUID is a general criminal charge for being alleged to have driven a vehicle under the influence of drugs. Given the changes brought about by Amendment 64, many criminal charges related to cannabis consumption now involve allegations of driving under the influence of drugs or driving under the influence of marijuana. Unfortunately, the testing measures used by the State of Colorado often fail to scientifically conclude whether a person was driving under the influence of drugs or driving under the influence of marijuana beyond a reasonable doubt. For example, the primary psychoactive substance in cannabis, tetrahydrocannabinol (“THC”) is retained in the body’s fat cells for up to thirty days after consumption, long after the recreational or medicinal effects can be felt. Current sobriety tests for cannabis consumption fail to distinguish an individual’s THC levels as to when they consumed cannabis, only accounting for the present overall level of THC in the body. As a result, a perfectly sober person can be charged with driving under the influence of marijuana or DUID using the State’s testing methods. In these situations, you should always consider an attorney as one of your options. The attorneys at Wessels & Arsenault, L.L.C. are well-versed in the weaknesses of controlled substance field tests and can help you defend against any DUID or driving under the influence of marijuana charges in the Denver metro area.

DWAI – Driving While Ability Impaired

A DWAI is generally a traffic infraction in the State of Colorado.  For persons not meeting the legal criteria for a DUI but that law enforcement still considers to be impaired, they are instead issued a DWAI.  Currently the legal blood alcohol threshold for a DWAI in the State of Colorado is registering on a blood or breath test more than 0.05 but less than 0.08.  The statutory definition of a DWAI can be found in Section 42-4-1301(1) (f), Colorado Revised Statutes (C.R.S.).

Shown below is a guide originally put together by the State of Colorado in 2010 outlining the possible administrative and criminal penalties resulting from a DUI or DWAI conviction.  Please note that state laws often change and this table may not be up to date.  The original “Colorado Drunk Driving Laws” guide posted by the State of Colorado can be found here.

Contact our Colorado DUI / DUID defense attorneys today for a free consultation.  It is important if you are charged with a DUI, DUID, or DWAI to take action immediately.

Located near Denver, Colorado, sophisticated in the latest information technology, the criminal defense attorneys at Wessels & Arsenault L.L.C. can help defend you against driving under the influence, or driving under the influence of drugs charges, even if you are out-of-state or located across the Rockies. Wessels & Arsenault L.L.C. services Boulder, Broomfield, Louisville, Denver, Fort Collins, Telluride, Vail, Breckenridge, Winter Park, Steamboat Springs, Westminster, Arvada, Englewood, Aurora, Thornton, Brighton, Lakewood, Littleton, Colorado Springs, Pueblo, Golden, and the entire Colorado Front Range. We will discuss your options and help you find the right course of action to protect your rights.