DUI

Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI)

If you've been arrested for drunk driving, even if it's your first time being charged with DUI or DWAI, developing a rapid and aggressive strategy for defense can mean the difference between either getting back to your life, or being slammed by the system with extremely harsh consequences.

DUI's can change lives very dramatically if you can't defend yourself in court and at the DMV. The heavy costs aside, a DUI can harm your self-esteem and stress your family--people lose jobs over these cases. Like I said in the overview, DUI's aren't just the realm of just college kids and people with substance abuse issues. I've represented cops, soldiers, pilots, firefighters, other lawyers, doctors, school teachers, school administrators, nurses--any sort of good, upstanding citizens that come to me scared, embarrassed, and needing of support and compassion.

There are three 'penalty' aspects of losing a DUI Case. This is what you're trying to prevent:

  1. The Criminal Penalties of jail time, steep fines, probation, mandatory Ignition Interlock (breath into a tube to drive your car), classes, and community service.
  2. Administrative License Sanction, i.e.--suspending or losing your driver's license, and a whole new slew of criminal charges if you try to drive without it.
  3. The Collateral Consequences of more expensive insurance, problems with your job, problems at college, and other public embarrassments.

Like I said in the overview, there are many ways to defeat DUI/DWAI charges, simply on technicalities alone. Law enforcement can make mistakes, either in their initial encounter with you, or in chemical testing--even with filing paperwork and administrative duties. You want to make sure you've got someone on your side with a strong knowledge of DUI/DWAI laws and regulations, and the experience to bring those mistakes into the light.

For instance, were you arrested at a DUI checkpoint?

"Your papers please?"

If so, we'll have to take a good, strong look at how it happened, because sometimes overzealous police might overstep the bounds of the 4th Amendment of our Constitution's Bill of Rights. You know--your right against search and seizure without probable cause.

And besides ... those 'lawman done wrong' bits aside, we'll still build a strong case in your defense based on the circumstances and facts specific to your situation.

Here's some technical stuff for those of you who like facts and figures:

  • Driving under the influence of alcohol is a criminal offense, punishable by jail. If your 'Blood Alcohol Contact' (BAC) was .08 or more, you might also be charged with "Driving with Excessive Alcohol Content" (DEAC) for more punishment.
  • The penalties get a lot worse if your BAC was .17 or higher, or if you've ever had a previous DUI/DWAI.
  • DWAI is less serious (BAC less than .08), but all an officer has to do to charge you with DWAI is to 'observe signs of impaired driving'.
  • DUI-D is like a DUI, but involves driving under the influence of drugs (controlled substances OR prescription meds) instead of alcohol, and is just as serious.
  • If you're under 21 years old, you could, at the least, have your license suspended for a whole year if charged with DWAI, DUI, or the minor-specific 'Baby DUI' if your BAC is .02 or higher.
  • If you have a CDL (Commercial Driver's License), the BAC threshold for being charged with a DUI drops from .08 to .04. If convicted, you will lose your CDL for one year, and likely lose your personal driver's license for 90 days. This can even happen if you're driving your personal vehicle.
  • If you refuse to let the police test your breath or your blood, your license will be suspended for one year.
  • If you drive with a suspended/revoked license, you could be facing mandatory jail time and an extra year of suspension. If the DMV determined you're a habitual offender, that jail time could be up to two years. And if you drive under the influence as a 'habitual offender', then you'll be looking at a felony.
  • "Ignition Interlock" is a breath testing system you have to pay to have installed in your car, which you'll then need to use to start your car and every so often while you're driving, as part of DUI 'Probation'. Colorado is especially hard on DUI's, and was two years ahead of most other states at including these systems in offenders' sentences. It can slow you down, interfere with your ease of driving, and can be embarrassing in front of your friends and co-workers--and this system will very likely be required of you if you can't adequately defend yourself in court.

Everyone makes mistakes at some point in their lives, and deserves compassion during dark times. Make sure your rights are protected, so you can get through those times as smoothly as possible to get on with living.

To learn about Five Factors that can make or break your case, CLICK HERE. (Homepage)

To learn about Geoff Heim's background, CLICK HERE.

To go back to the Practice Specialties Overview, CLICK HERE.