Colorado DUI and Drivers License Revocation Defense
Being arrested for driving under the influence of alcohol or drugs (DUI) or driving while ability impaired (DWAI) can happen to any person who operates a vehicle after consuming alcohol or drugs. Most people are surprised to learn how little it takes to be in violation of the law and how serious and far-reaching the penalties can be. At The Law Office of Mark T. Langston, P.C., we understand the law, the consequences for breaking it. We can help.
Understand your rights and fight to protect them during your DUI defense. Contact The Law Office of Mark T. Langston, P.C., or call 303-440-9684.
Understanding the Charges
"Driving Under the Influence" (DUI) means operating a vehicle after consuming sufficient alcohol and/or drugs such that the person is substantially incapable, either mentally, physically or both to exercise clear judgment, sufficient physical control or due care in the safe operation of a vehicle.
"Driving While Ability Impaired" (DWAI) means operating a vehicle after consuming sufficient alcohol and/or drugs such that it affects the person to the slightest degree so that the person is less able than they ordinarily would have been, exercise clear judgment, sufficient physical control or due care in the safe operation of a vehicle.
"Driving With Excessive Alcohol Content" (DUI Per Se) means driving with a blood or breath alcohol content of .08 or more. A variation of this charge makes it a crime for a person who is under twenty-one to drive at a time when his or her blood or breath alcohol content is greater than .02 but less than .05. A person can be convicted of both DUI (or DWAI) and DUI Per Se.
"Driving Under the Influence of Drugs" (DUI-D) has the same legal consequences as driving under the influence of alcohol. This is true even for legally prescribed drugs, if their use impairs the drivers ability to operate a vehicle safely.
Serious Consequences
A DUI - DWAI conviction in Colorado may carry significant and far-reaching penalties, including:
- A permanent criminal record
- Drivers license revocation or suspension
- Jail
- Professional or academic disciplinary action
- Probation
- Community service
- Alcohol treatment
- Monitored sobriety or drug testing
- Significant fines and court costs
- Increased insurance rates
Other Important Things to Know about Your DUI Defense
Administrative and Courtroom Proceedings: In almost every DUI case, a driver actually has two cases to contend with. The DUI arrest results in criminal charges being filed in the County Court, and it also starts an administrative proceeding against the arrested motorist's driving privilege. This process takes place before a Hearing Officer at the Colorado Department of Revenue, and is distinct from, and very different than, a courtroom hearing before a judge. In these cases, it is extremely important that you get sound legal advice immediately, even before you request the administrative hearing.
Defining Driving: "Driving" may be established if a person is in actual physical control of a vehicle. The vehicle does not have to be moving or even on a public roadway. In some circumstances, a person can be charged with DUI for just sleeping in a car while intoxicated.
Consequences: The potential driver's license consequences are much more significant for drivers less than 21 years of age. For drivers of all ages, a jail sentence is mandatory when the blood alcohol content (BAC) is .20 or greater. This is true even for first-time offenders. For second or subsequent convictions, a jail sentence is mandatory.
Drivers License Revocations
The State can revoke or suspend your privilege to drive for a vast number and variety of reasons, many having nothing to do with the operation of a vehicle. In most cases, the determination of these issues is made by a Hearing Officer at an Administrative Hearing at the Colorado Department of Revenue. This process is distinct from, and very different than, a courtroom hearing before a judge.
In DUI cases, it is extremely important that you get sound legal advice immediately, even before you request an administrative hearing. Mark Langston has the specialized knowledge, skills and experience to represent clients in this complicated process.
Vehicular Assault and Vehicular Homicide
Driving under the influence of alcohol or drugs that results in death or injury to another person is a felony, and punishable by a sentence to the Colorado Department of Corrections (prison). The same is true if death or injury results from an act of Reckless Driving.
Traffic Violations
In addition to criminal and DUI-DWAI charges, Attorney Mark Langston also defends individuals charged with a variety of Colorado state and municipal traffic offenses, including:
- Careless Driving
- Hit and Run
- Reckless Driving
- Habitual Traffic Offender
- Other serious traffic offenses
- License suspension and revocation proceedings
Work with a Lawyer to Protect Your Rights
If you or someone you know has been charged DUI, DWAI, vehicular assault, vehicular homicide or any other alcohol or drug-related criminal offense, the selection of an experienced lawyer is the first step towards understanding the options and maximizing the opportunity for a favorable outcome.
Attorney Mark Langston has the specialized knowledge, skills and experience to assist clients in the DUI defense process, and he can provide the advice and expert representation that is necessary. Contact the firm or call 303-440-9684 today to schedule an appointment.
The Law Office of Mark T. Langston, P.C.
1881 Ninth Street, Suite 305
Boulder, Colorado
Telephone: 303-440-9684 | Fax: 303-442-0742
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