DUI: Why You Should Stay Away From Such a Compromising Situation and Tips On How To Deal With It If You Can’t
By Space Coast Daily // December 5, 2019
DUIs are never fun. There’s the horrible mug shot in which you somehow always manage to look guilty, even if you’re not, and the shame of having to deal with family and friends after everyone finds out.
Add to that the fact that you have to deal with the district attorney and the courts until the case is over, guilty or not.
What’s more, the entire situation is compromising not just for the offender but possible for innocent bystanders as well. No matter how much you say it, people tend to not listen, but drinking and driving is a serious thing and innocent men, women, and children could very well be injured, or worse, dead, just because you did not have the common sense to call a taxi after having a few drinks.
If the shame of loved ones and the lives of innocents are not incentive enough to stay clear of such a situation, then consider the legal ramifications of carrying out such an offense.
COLORADO DUI OFFENCES AND PENALTIES
DUI is classified as a misdemeanor crime in Colorado. However, that does not mean that the punishments and ramifications of a DUI offense are not serious.
In order for a person to be convicted of DUI, it must be proven that such a person’s ability to safely operate a vehicle was substantially impaired due to the influence of alcohol. A blood test must prove that your blood alcohol level is above 0.8% and below 0.15%.
Anything below that would count as DWAI (Driving While Ability Impaired) and is subject to different penalties and punishments.
Whereas anything above this range would be considered a repeat offense and you would be tried as a repeat offender, even if it is your first offense.
If your blood test falls in the range of 0.8% and 0.14%, and you are convicted of DUI misdemeanor, you would be liable to imprisonment for a period of 5 days to 1 year, along with a fine of $1000.
You would also be required to complete 96 hours of community service and your driving license would be suspended for 9 months.
On your second offense, you would look at the same amount of jail time but your fine would be increased to $1500 and your license would be suspended for a period of 1 year.
Along with the 120 hours of community service, you would also be required to install an ignition interlock device in your car, at your own expense. The ignition interlock must be installed and operational for a period of two years after your license is reinstated.
When it comes to the third time, the punishment is the same as the first with the exception that your license suspension period is increased to 2 years from 1 year.
If you commit a DUI offense for the fourth time then the situation starts to get very detrimental and the federal legal system gets involved.
The punishment for a fourth DUI offense goes up to a $500,000 fine and 6 years in a Colorado state penitentiary. Upon your release from prison, you are also subject to mandatory 3-year parole.
Considering the above ramifications, it is best if one chooses to drink responsibly, part of which is to not drive after you’ve imbibed. If you do not care about your own life, then you should consider the lives and safety of others as countless people around the country have lost their lives due to the actions of drunk drivers.
IT’S ILLEGAL TO REFUSE TO TAKE THE BLOOD ALCOHOL CONCENTRATION TEST
If the police are suspicious of you being under the influence of alcohol and ask you to take a test, you can’t refuse to do so. In fact, the terms of your Colorado state driving license clearly state that in applying and obtaining your driving license, you are consenting to be tested for alcohol influence.
You can’t be smart and just not have a license in the first place because then you’ll be charged with another long list of criminal charges, the least of which will be driving without a license.
Your refusal will result in a 1-year suspension of your license which you won’t just get back once the suspension period has expired.
You’ll have to install an ignition interlock device in your car, at your own cost, for two years if you want your license back at the end of the suspension period.
Also, all of this is not in place of the DUI offense, which would still be tried in court and your refusal to take the test would be entered as evidence against you.
DON’T REPRESENT YOURSELF – IT IS AS STUPID AS IT IS CORNY
Despite what Hollywood may have shown you, it’s never a good idea to represent yourself in a court of law. You don’t just have to argue your case.
You also need to deal constantly with the police and the district attorney, all while fulfilling the procedural formalities of the court system.
As such, it would be better if you have a local Denver DUI attorney who is aware of the formalities involved and has a dialogue with the police and DA.
If you’re looking for experienced representation in the Denver area for such matters, then check out M. Trent Trani & Associates, P.C. at https://www.tranicriminaldefense.com/dui/.
MAKE SURE YOU HAVE YOUR BLOOD TESTED BY AN INDEPENDENT LAB
The police and DA won’t tell you this, but when your blood is being drawn for the blood alcohol concentration test, two vials of blood are drawn.
One is used by the police, whereas the other is for the defendant to have their blood tested by an independent lab. Whatever happens, you need to make sure that you have your blood tested by an independent lab.
Even the smallest difference is enough for an experienced lawyer to fight with. A number of things could be called into question which would cast doubt on the evidence. This could result in the charges being reduced or even thrown out.