We do not handle any cases in Colorado. We are lawyers in New York State.
Colorado has a lesser DUI offense called DWAI, for Driving While Ability Impaired. The law in Colorado says you're impaired if alcohol and/or drugs:
affect[] 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.
That sounds like a pretty tough standard. Fortunately (if you're an innocent defendant), the law also sets a standard based on blood-alcohol content. If your BAC was 0.05 or less, then you were not impaired under Colorado law. And if your BAC was above .05 but less than .08, then there is a "permissible inference" that you might have been impaired. A jury can infer you're guilty, but it's up to them and they can still find in your favor.
For the first offender, jail sentences can range from two days to about six months. If complete a treatment program and probation, you might not have to do jail time. Fines range from $100 to $500, but will probably get higher over time. And there's a mess of surcharges and fees you have to pay on top of any fines. You may also have to do some community service.
Plea bargaining may be limited in Colorado DUI
cases. But some
lawyers say they can still accomplish something
via the process. It's a good idea to talk to a lawyer when
you're accused of any DUI offense.
Redlich Law Firm - Albany
NY
Colorado DWAI
©2009 Warren Redlich, Esq.
