Drunk Driving / DUI / DWAI
Driving under the influence of alcohol, or "drunk driving" as it is usually called, is the most commonly committed crime in the United States. Yet it is almost committed by a noncriminal - that is, by an otherwise respectable citizen who has never been in trouble with the law. Consequently, representation of the defendant is often attempted by attorneys not versed in criminal law. Typically, the defendant's business or family lawyer will undertake to represent him "as a favor." Drunk driving, the lawyer tells himself, is merely a glorified traffic offense. Certainly it is not as serious or complex as a "real" crime, and therefore cannot call for any particular expertise.
This is invariably a tragic mistake. Any lawyer representing a client charged with drunk driving should be aware of certain preliminary facts:
- Though the most common of all offenses, drunk driving is one of the most complex to understand and defend properly.
- The stakes are high - higher in the long run than for most other crimes.
- A unique system of legal standards and procedures exists in drunk driving cases, a system geared to facilitate a conviction.
Make no mistake: Drunk driving is one of the most complex of all criminal charges, and undertaking to defend a client on such a charge without extensive preparation constitutes nothing short of malpractice.
Allen C. Gasper and the Law Firm of Shayne & Gasper, LLC. provides experienced criminal defense in the area of Drunk Driving; Driving Under the Influence (DUI) / Driving While Ability Impaired (DWAI) and Driving While Under the Influence of Drugs (DUID) and offers Free Consultations to defendant's charged with such crimes. Drunk Driving offenses, Driving While Ability Impaired (DWAI), or Driving Under The Influence Of Drugs (DUID) are often accompanied by other Traffic Offenses as a basis for the original stop.
Insomuch as one's ability to drive is such a critical privilege for our citizens, having competent and aggressive legal representation on any charge that may prevent a person from driving is crucial. The Law Firm of Shayne and Gasper excels in this type of representation and is acutely aware of your rights and privileges regarding Colorado's Criminal Laws and Department of Motor Vehicle's administrative regulations regarding your privilege to drive.
The Colorado Legislature has taken a tough stance on drunk driving and the penalties are quite severe, often asking for jail time for the defendant. The following outlines the penalties involved in drunk driving matters in Colorado:
Drunk Driving Penalties (as of July 1, 2002 pursuant to C.R.S. 42-4-1301)
| Offense: | Penalty: | Fine: | |
| (7)(a)(I) | DUI, Habitual User, Per Se | 5 days - 1 Year, the court can suspend all jail with alcohol evaluation and Level I or II; and 48-96 Hours of Useful Public Service (UPS) | $300-$1000 |
| (7)(a)(II) applies to the following: (7)(a)(III)(A) (7)(a)(III)(B) | Conviction for DUI, Habitual User, Per se, and previous conviction for DUI, Habitual User, Per se, Vehicular Homicide, Vehicular Assault or Driving Under Restraint DUI, DWAI or Per se when Blood Alcohol Content is greater than .20 | 90 days - 1 Year, the court can suspend 80 Days, if: 1. Alcohol Evaluation 2. Completes Level I or II 3. Abstaining for 1 Year 4. Monitored by treatment facility; and 60-120 Hrs. Useful Public Service | $500-$1500 |
| 7(a)(IV) | DUI, Habitual User or Per se and previous conviction for DWAI | 70 days - 1 Year, the court can suspend 63 Days; if: 1. Alcohol Evaluation 2. Completes Level I or II 3. Abstaining for 1 Year 4. Monitored by treatment facility; and 56-112 Hrs. Useful Public Service | $450-$1500 |
| (7)(b)(I) | SWAI | 2-180 days, the court can suspend all jail with alcohol evaluation and Level I or II; and 24-48 hours UPS | $100-$500 |
| (7)(b)(II) | 2nd or subsequent DWAI | 45 days - 1 Year, the court can suspend 40 days, if: 1. Alcohol Evaluation 2. Completes Level I or II 3. Abstaining for 1 Year 4. Monitored by treatment facility; and 48-96 Hrs. Useful Public Service | $300-$1000 |
| (7)(b)(III) | DWAI and Previous Conviction for DUI, Habitual User, Per se, Vehicular Homicide, Vehicular Assault, or Driving Under Restraint | 60 Days - 1 Year, the court can suspend 54 days, if: 1. Alcohol Evaluation 2. Completes Level I or II 3. Abstaining for 1 Year 4. Monitored by treatment facility; and 52-104 Hrs. Useful Public Service | $400-$1200 |