The Difference Between DUI, and OUI in Maine

Technically, DUI means driving under the influence of some type drug. Under Maine’s Bureau of Motorized Vehicle (BMV), the definition for DUI under code §2401 states “Under the influence of intoxicants” means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The same code defines “OUI” as operating under the influence of intoxicants or with an excessive blood-alcohol level. OUI in Maine is similar to the term DWI used in other states. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of DUI and OUI can be interchangeable, but OUI usually refers more to the severity the drug has metabolized within the offending person’s body. Convicted first time offenders can receive jail time, a stiff fine, and driver’s license suspension with a conditional reinstatement for one year. The conviction, even a first time conviction, stays on your record permanently.

According to a news article in dui.com and posted July 14, 2009, “Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.” All across our nation, whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who  understand the subtle differences in the legal jargon of Maine law, and who specializes in representing YOUR best interests.

Even Innocent Farts in Florida are No Laughing Matter

In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.

On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”

At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”

Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.

Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.

Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.

So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.

Teenagers and a DUI in the Allentown Area of Pennsylvania

It is illegal in most states for minors to be partaking of alcohol, marijuana, and other controlled substances, and to drive while doing so puts them in double jeopardy. Yet, teenagers are doing so at alarming regularity. Some studies show that 70 percent of teenagers drink alcohol, and 60 percent of all teen deaths in car accidents are alcohol-related. So, why do teenagers drink and then drive?

The answer varies, but I am sure the reason why most teenagers drink and then drive has not really changed all that much since I was a teenager some 45 years ago.

We all have to get from one place to the next, and socializing is in our nature. Before you consider drinking and driving in Pennsylvania, please know that regardless of whether or not you are a teenager, a first time DUI conviction can cost you up to six months probation, six months in prison, up to a $5000 fine, and up to a year of your driver’s license suspended.

If you are a teenager or have a teenager that has recently been accused of a DUI in places like Allentown, Bethlehem, or Easton, Pennsylvania, you are probably going to need professional help. Contact us right now at www.duiattorneyhome.com , and we will help you find the professional in your area who is not only understanding of the laws affecting teenage drunk driving, but they remember and understand what it was like when they were a teenager. They were once young, but they grew up, and now, they want to help you.

The Difference Between DUI and DWI in Missouri

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Missouri defines DWI as the offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough to raise one’s blood alcohol content above the statutory limit, or after consuming drugs.

Missouri usually adds another term related to drug abuse and driving, Driving Under the Influence of Drugs or DUID, but the definition for such is similar to the definition of DWI. So, the use of the term DUID relates to the law concerning types of drugs other than alcohol.

For first time offenses in Missouri, convictions can be quiet severe. Conviction of a first DWI or DUID is a class B misdemeanor that can carry the following penalties:

  • Jail: Up to a maximum of six months imprisonment.
  • Fine: Up to $500 plus court costs between $10 and $100.
  • Probation: The general terms of probation are no drinking, do not break the law, and attend the states Substance Abuse Traffic Offenders Program (SATOP). Probation usually lasts for 1 to 2 years and is commonly referred to as a Suspended Imposition Sentence or SIS.
  • Suspension of Driving Privileges: A 30-day license suspension followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment is automatic. The suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.

Kansas City police are known to conduct a drunken driving checkpoints in areas known for drunken driving crashes or arrests.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who understands such cases. Contact DUIAttorneyHome.com to help you get in contact with a lawyer who can help you understand the subtle differences in the legal jargon of Missouri law, and who will represent YOUR best interests.

The Difference Between DUI and DWI in Tennessee

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

The Tennessee Vehicle Code 55-10-401 says it is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08%) or more.

Convicted first time offenders can receive stiff fines, up to one year in jail, license revocation, an ignition interlock device, court ordered DUI school, and towing costs. The conviction, even a first time conviction, stays on your record permanently.

As reported by myEyeWitnessnews.com on June 22, 2009, an article titled, “DUI Law Changes in Tennesse”, states, “Under this new law, if suspected drunk drivers refuse to take the test (blood alcohol level), they could lose their license for a year, in addition to other charges they would face.”

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help you deal with the ramifications of the charges against you. Contact us and we will help you get in contact with a DUI lawyer who can help you understand the subtle differences in Tennessee law.

Be Careful Out There

NEW YORK - NOVEMBER 07:  Onlookers view a publ...
Image by Getty Images via Daylife

As celebrations for New Year’s eve get underway today, I would like to take a moment to remind everyone that you shouldn’t drink and drive. If you are going to go out and drink, take a cab, take public transit, designate a driver, but don’t drink and drive.

The consequences of getting behind the wheel of a vehicle after a night of drinking can be far reaching and devastating, not only to you and your family, but for others on the road. If you are involved in an accident while drinking and driving, you could face serious jail time if someone were killed and you faced intoxication manslaughter charges.

New Year’s Eve into New Year’s Day has statistically had the second highest concentration of drunk driving accidents. Take the time to ensure that you and your loved ones don’t become part of the sad statistics of preventable accidents. Do some research today and find the number of a cab company in your area. If you have AAA, find out about their “Tipsy Tow” service.

There are ways to avoid driving drunk. Plan to make your holiday celebrations safe, for you and everyone else on the road.

The Difference Between DUI and DWI in Virginia

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The Virginia Vehicle Code § 18.2-266 says it shall be unlawful for any person to drive or operate any motor vehicle, engine, or train:

  • while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
  • while such person is under the influence of alcohol, while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
  • while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Any confusion of terminology used comes from Virginia’s use of the word “impair” in their vehicle codes. The term or variation of the word is often used interchangeably with intoxication. So, DWI becomes driving while impaired. Most agree that being impaired is a lesser degree of intoxication but certainly means being under the influence of the related drug.

Convicted first time offenders can receive stiff fines, revocation of license for a year, jail time, and mandatory attendance of the Virginia Alcohol Safety Action Program (VASAP). The conviction, even a first time conviction, stays on your record permanently.

Effective July 1, 2004, Virginia changed many DUI penalties, increasing their severity. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who understands the laws involved in such cases. Contact us so that we can help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Virginia law, and who is ready to represent your best interests.

What Is Involved In A Field Sobriety Test In Colorado

After being pulled over by a a State Trooper in Denver, Colorado Springs or Aurora you might be asked to perform some basic tasks so that the law enforcement official can gauge your ability to operate your vehicle safely. The same tests could also be given by a County Sheriff’s Deputy in Lakewood, Fort Collins or Arvada. Maybe it was a  local Police Officer in Pueblo, Westminster or Boulder? If you have been questioned for suspicion of drunk driving, then hopefully you are beginning to understand that Driving Under the Influence, or DUI, (commonly called DWI, or Driving While Intoxicated, in other states) is a serious offense in Colorado.

Once you begin the Field Sobriety Test, so-named because it is done “in the field”—wherever the Officer pulls you over, the results often determine whether you continue toward your destination or whether you are detained and arrested for DUI. In court, the District Attorney will ask the arresting Officer to recount every detail of your Field Sobriety Test. It may even be recorded by a dashboard camera and played back in court. Throughout Colorado, law enforcement Officers depend on the Field Sobriety Test to measure a driver’s sobriety or lack thereof.

But wait, why did the Officer stop me in the first place?

The Colorado State Trooper, local Police Officer, or County Sheriff who pulled you over probably observed you driving erratically. Were you:

  • Weaving between lanes?
  • Operating your vehicle’s safety features incorrectly? (i.e. driving without your headlights at night or without your windshield wipers during a rainstorm)
  • Driving above or below the posted speed limit? or
  • Stopping your vehicle without proper cause or in an illegal place?

Perhaps the Officer observed nothing improper about your driving but, instead, stopped you as part of a traffic checkpoint.

After reviewing your driver’s license and vehicle registration, if the Officer suspected your ability to drive was impaired by alcohol or drugs, more than likely he directed you to exit your vehicle and take a Field Sobriety Test. This psychophysical test measures impairment by alcohol or other substances of your basic motor and cognitive skills.

Most Coloradoans have seen Field Sobriety Tests depicted in television shows or movies. Or perhaps they have experienced one first-hand. Even though most people know generally what happens in them, many states lack written instructions dictating that each Field Sobriety Test be administered in exactly the same fashion under controlled conditions.

The United States National Highway Traffic Safety Administration (NHTSA) created its own standards for Field Sobriety Tests, which many Officers nationwide use as a general guideline. A Field Sobriety Text administered by a Police Officer in Denver, however, can vary greatly from one administered by a County Sheriff in Fort Collins or from one administered by State Trooper in Aurora.

The Officer may administer any or all of these three tests:

  • Horizontal Gaze Nystagmus (HGN): HGN refers to the normal, uncontrollable twitching or jerking of the eyes while looking sharply to the left or right.  Everyone experiences a slight degree of HGN under normal circumstances. Under the influence of alcohol or any drug (over-the-counter, prescription or illegal), this twitching or jerking can occur even when the suspect is focused straight ahead or just slightly to one side. During the HGN test, the suspect focuses on a slow moving object (such as the Officer’s pen or finger) while the Officer watches carefully for any jerking or twitching of the eyeballs. Concerns about accuracy of the HGN test include:
    • Many law enforcement vehicles have dashboard video cameras, allowing for constant videotaping of the Officer’s interactions with the suspect. Even the best dashboard video equipment, though, cannot record the suspect’s eye movements. Therefore the Officer can only relate the results of the HGN test verbally in court.
    • Suspects must take this test in a variety of climate conditions, ranging from rain, dense fog, snow or high winds. It seems highly unlikely that the varied climate conditions would have no impact on the Officer’s ability to observe slight eye movements. And since this test is frequently administered at night, lack of good lighting presents further obstacles to a thorough, accurate assessment.
  • One-Leg Stand (OLS). During the OLS the suspect stands on one leg with the other raised six inches off the ground. While maintaining this position, the suspect counts aloud, starting at one thousand, and continue counting until told to stop (usually for thirty seconds). The Officer watches for these possible indicators of the suspect’s impairment during the OLS:
  1. Lowering the foot before the test ends;
  2. Counting out of sequence;
  3. Waving the arms for balance;
  4. Hopping to maintain balance; and
  5. Falling over during the test.

Like the Horizontal Gaze Nystagmus test, the One Leg Stand has multiple factors that can interfere with an accurate assessment of sobriety

  1. What if English is not the suspect’s native language? Counting in the thousands could be impossible even when not impaired.
  2. What if the suspect is nervous around Law Enforcement Officers, for reasons not related to sobriety? This could negatively impact his ability to perform well on any such test.
  • Walk-and-Turn (WAT): During the WAT, the suspect takes nine steps, heel-to-toe, along an imaginary straight line. Then the suspect pivots 180 degrees on the ball of one foot and takes another nine steps, still heel-to-toe, in the opposite direction. During the WAT, the Officer watches for many indicators of potential alcohol and/or drug impairment, including:
  1. Excessive use of the arms for balance,
  2. Stopping before the WAT is complete,
  3. Taking more or less than nine steps,
  4. Failure to stand still and straight while as the Officer explains the WAT,
  5. Weaving instead of walking in a straight line,
  6. Walking with the feet side-by-side instead of walking heel-to-toe,
  7. Failure to pivot turn on the ball of the foot, and
  8. Starting the test before the Officer completes the instructions.

Many legitimate issues could interfere with the WAT test results, including:

    • Shoe soles Something as simple as the suspect’s shoes can significantly impact the WAT test. For instance, leather soles can be slippery and result in turning too quickly, causing a loss of balance. Conversely, rubber soles can “grip” the roadside, also causing a loss of balance. And high heels, whether on a woman’s shoe or a man’s boot, can make heel-to-toe walking difficult.
    • Medical conditions Inner ear problems or chronic leg or back pain can cause a loss of balance.  Obesity can also adversely impact balance.
    • Roadside Surface Condition Ice, rain, snow or even spilled motor oil can make the roadside surface slippery, causing challenges.

Here are some additional factors to consider about Field Sobriety Tests:

  • An Officer forms an opinion about a driver’s sobriety (or lack thereof) from the moment he first observes the driver’s vehicle, before the Officer ever decides to pull him over. While unsafe driving has no excuse, it is not always caused by alcohol and/or drug impairment. For example:
    • Focusing on a conversation, either with passengers or via a cell phone, instead of on the posted speed limits can cause a driver to speed.
    • Changing a compact disc, reading a map or engaging with children in the backseat can cause a driver to weave between lanes.

In both of these examples, the Officer may assume a driver is under the influence, even though the suspect is really guilty of driving distractedly.

  • Anything an Officer observes about a driver, while speaking with him or during the Field Sobriety Test, can be admitted in court, even though the Officer has not yet read the suspect his Miranda rights.
  • Hearing and following an Officer’s verbal instructions on the side of a noisy roadway can be difficult for Coloradoans with hearing deficits, whether due to advanced age or medical conditions.
  • Even something as simple as the driver leaning on or pulling against his car door while exiting could be construed by an Officer as evidence of impairment. But such actions could be simply the result of chronic back pain or sore muscles from a challenging workout the day before, not impairment by alcohol and/or drugs.

Although Law Enforcement Officers and District Attorneys rely heavily on Field Sobriety Tests for assessment of impairment, they are not always the most accurate measure of a driver’s sobriety. In court, though, it will be your testimony versus the arresting Officer’s. Make a smart decision today, and contact a Colorado DUI/DWAI lawyer. Your future is at risk if you have been arrested for DUI. Make sure you have a Colorado DUI lawyer on your side as a trusted guide and advisor.

Reblog this post [with Zemanta]

The Difference Between DUI and DWI in Rhode Island

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while impaired, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body called the blood alcohol content (BAC). Another term sometimes used by Rhode Island is OUI, which simply means operating under the influence of any kind of drug. Rhode Island’s DWI Code is found in §31-27-2, §31-27-3.

Convicted first time offenders can receive jail sentences, stiff fines, an order to work in community service, driver’s license suspension, and an order to attend a driving while intoxicated course. The conviction, even a first time conviction, stays on your record permanently as a criminal record.

Taken from the Rhode Island State Government in Providence, an article, dated June 05, 2008, reads: STATE HOUSE – The Senate today approved one of four bills introduced this year by Sen. Leonidas P. Raptakis (D-Dist. 33, Coventry, East Greenwich, Warwick, West Warwick) intended to strengthen the state’s drunk driving laws and get tougher on repeat offenders.”

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact DUIAttorneyHome.com to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of (state) law, and who specializes in representing YOUR best interests.

Reblog this post [with Zemanta]

Colorado DUI Laws and Penalties

Did a State Trooper stop you in Denver, Colorado Springs or Aurora? Or perhaps a County Sheriff pulled you over in Lakewood, Fort Collins or Arvada? Did a local Police Officer ask you to step out of your car in Pueblo, Westminster or Boulder? If you have been questioned for suspicion of drunk driving, then hopefully you are beginning to understand that Driving Under the Influence, or DUI, (commonly called DWI, or Driving While Intoxicated, in other states) is a serious offense in Colorado.

review the definitions and penalties for DUI in Colorado (as outlined by Colorado’s Office of Legislative Legal Services in Colorado Drunk Driving Laws, updated August 2009, and the Colorado Department of Transportation’s website).

Colorado makes three distinctions for drivers arrested for drunk driving who are age twenty-one and older:

  • DWAI (Driving While Abilities Impaired by alcohol or drugs) for blood alcohol test results of 0.05% or higher, but less than 0.08%
  • DUI (Driving Under the Influence of alcohol or drugs) for blood alcohol test results of 0.08% or higher
  • Persistent Drunk Driver for blood alcohol test results of 0.17% or higher

Many Coloradoans mistakenly believe they are not breaking any state laws while driving with a BAC (blood alcohol content) less than 0.08%. But as we’ll detail below, any BAC of 0.05% or higher for drivers can result in jail time, financial penalties and license suspension.

For drivers under age twenty-one, however, a higher standard of sobriety applies. A BAC test result of .02% to .05% is punished as follows (the terms used will be explained shortly):

  • 1st Offense
    • Fine of $100
    • Public Service Requirement of up to twenty-four hours
    • Driver’s License Suspension for three months
    • Addition of four points to the driver’s motor vehicle record**
  • 2nd Offense
    • Fine of $100
    • Public Service Requirement of up to twenty-four hours
    • Driver’s License Suspension for six months
    • Addition of four points to the driver’s motor vehicle record**
  • 3rd and Subsequent Offenses
    • Fine of $100
    • Public Service Requirement of up to twenty-four hours
    • Driver’s License Suspension for one year
    • Addition of four points to the driver’s motor vehicle record**

For a driver under age twenty-one with a BAC test result of 0.05% or higher, the penalties for adults may apply.

Colorado operates under the Expressed Consent Law, which means that the law presumes that every driver has consented to take a blood, breath, saliva, urine and/or any chemical test when asked to do so by a Law Enforcement Officer suspecting them of DUI or DWAI. Should a driver refuse to submit to a requested test, his driver’s license may be revoked, and his refusal may be admitted in court as presumption of guilt.

Should you be arrested for DUI or DWAI and have your license suspended or revoked, you have seven days to appear at a Colorado State Driver’s License Office to request a hearing. If the arresting officer did not confiscate your driver’s license, you must surrender it at the Driver’s License Office in order to receive a temporary driver’s license permit, which will be valid until your hearing. Part of your sentencing at the hearing may require you to attend and complete (at your expense) driver education classes on alcohol. It is worth noting that a driver’s license “suspension” is completely different from a “revocation”:

  • A “suspension” is a penalty that temporarily withdraws the driving privileges without voiding the license. Once all of the terms of the suspension have been met, drivers must pay a $95.00 fee to be considered for restoration of your driving privileges.
  • A “revocation” completely voids the license; after the prescribed revocation period, a driver must re-apply and re-test (written and behind the wheel) for the privilege to drive under a new driver’s license.

It should be noted that Colorado is one of the few states that allows for license suspension solely based on BAC test results, regardless of whether a DUI conviction ensues.

  • A BAC test result of 0.08% or higher equals an automatic license suspension for nine months.
  • A second BAC test result of 0.08% or higher equals an automatic license suspension for one year.
  • A third BAC test result of 0.08% or higher equals an automatic license suspension for two years.

Should the driver be convicted of DUI, the court will determine which license suspension or revocation penalty to enforce.

Now for Colorado’s DUI and DWAI penalties for drivers age twenty-one and older:

  • First DWAI Conviction
    • Jail Term ranging from two days to one-hundred eighty days
    • Fines ranging from $200 to $500
    • Public Service Requirement ranging from twenty-four to forty-eight hours
    • Addition of eight points to the driver’s motor vehicle record**
  • Second DWAI within Five Years of a Prior DWAI Conviction
    • Jail Term ranging from forty-five days to one year
    • Fines ranging from $600 to $1,000
    • Public Service Requirement ranging from forty-eight to ninety-six hours
    • Driver’s License suspension for one year
    • Addition of 8 points to the driver’s motor vehicle record**
  • First DUI Conviction
    • Jail Term ranging from five days to one year
    • Fines ranging from $600 to $1,000
    • Public Service Requirement ranging from forty-eight to ninety-six hours
    • Driver’s License suspension for nine months
    • Addition of 12 points to the driver’s motor vehicle record**
  • Second DUI Conviction within Five Years of a Prior DUI Conviction
    • Jail Term ranging from ninety days to one year
    • Fines ranging from $1,000 to $1,500
    • Public Service Requirement ranging from sixty to one-hundred twenty hours
    • Driver’s License suspension for one year
    • Addition of 12 points to the driver’s motor vehicle record**
  • DWAI Conviction within Five Years of a Prior DUI Conviction
    • Jail Term ranging from sixty days to one year
    • Fines ranging from $800 to $1,200
    • Public Service Requirement ranging from fifty-two one-hundred four hours
    • Driver’s License suspension for one year
    • Addition of 8 points to the driver’s motor vehicle record**
  • DUI Conviction within Five Years of a Prior DWAI Conviction
    • Jail Term ranging from seventy days to one year
    • Fines ranging from $900 to $1,500
    • Public Service Requirement ranging from fifty-six to one-hundred twelve hours
    • Driver’s License suspension for one year
    • Addition of 12 points to the driver’s motor vehicle record**
  • Third or Subsequent DUI and/or DWAI Conviction
    • Driver’s License suspension for two years
    • Addition of 8 points for DWAI or 12 points for DUI on a driver’s motor vehicle record**
    • If the Third DUI or DWAI is within seven years of the prior convictions, a mandatory 5-year driver’s license revocation applies under the “habitual traffic offender” statute.
  • Additional Fines In addition to the fines listed above, a driver convicted of DUI or DWAI may be required to pay:
    • Court costs
    • Penalty surcharges of up to $500 to help offset programs aimed at persistent drunk drivers
    • Penalty surcharges to benefit the Crime Victim Compensation Fund
    • Any other fines the court sees fit to levy
  • Additional Penalties Should the driver’s be involved in an accident causing injury or death while under the influence of alcohol and/or drugs, much more stringent penalties will apply for Vehicular Assault and/or Vehicular Homicide.
  • Installation of Ignition Interlock Device for Repeat DUI or DWAI Offenders

The Ignition Interlock Device is installed in a driver’s vehicle and requires him to provide a breath sample within legal BAC limits in order to start his vehicle. Also, the driver may be required to provide breath samples at intervals while driving. A driver will be required by the court to install and maintain, at his own expense, a court-approved Ignition Interlock Device if his BAC test result is 0.17% or higher and any of these applies:

  • Driver’s license revocation for two DUI and/or DWAI convictions within five years.
  • Driver’s license revocation for three DUI and/or DWAI convictions within a driver’s lifetime.
  • Driver’s license revocation for designation by the court as a Habitual Traffic Offender if one of the prior convictions was a DUI or DWAI.

Installation and maintenance costs of the Ignition Interlock Device can easily cost over $1,000 per year.

**Colorado’s Department of Motor Vehicles operates on a “point system.” Drivers are assigned points for various violations of driving laws, and alcohol and drug-related violations are included in this point system.  Here are the point totals that will result in a driver’s license suspension:

  • Adult Drivers, age 21 and older
    • 12 points in any 12 consecutive months
    • 18 points in any 24 consecutive months
  • Minor Drivers, ages 18 thru 20 years of age
    • 9 points in any 12 consecutive months
    • 12 points in any 24 consecutive months
    • 14 or more points between the ages of 18-21
  • Drivers under the Age of 18
    • 6 points in 12 consecutive months
    • 7 points prior to turning 18

Are you overwhelmed by Colorado’s list of DUI and DWAI penalties? Do you see how serious a DUI or DWAI arrest in Colorado really is? You have the right to consult with a DUI attorney. If you have not already contacted one, why haven’t you contacted one? Colorado Law Enforcement Officers and District Attorneys pursue suspected DUI and DWAI offenders to the full extent the law allows. If you have been arrested for DUI or DWAI in Colorado, your next move should be to contact a DUI or DWAI attorney immediately, either by telephone or online. Just review the lengthy list of penalties above, which include driver’s license suspension and/or revocation, significant fines, jail time, lengthy community service requirements, point after point added to your motor vehicle record as well as possible felony convictions. Your arresting officer will work closely with the District Attorney in an effort to convict you and punish you in every legal means. So who is working closely with you? Do not make the ill-advised decision to “go it alone” in court. Contact a Colorado DUI /DWAI attorney today.

Reblog this post [with Zemanta]
Older Posts »
Google-Translate-English to Spanish