A DUI or DWAI charge in Denver can transform your life in ways you never imagined, threatening your driving privileges, employment opportunities, and personal freedom with consequences that extend far beyond the courtroom. The complexities of Colorado’s impaired driving laws demand immediate attention from someone who understands both the technical aspects of blood alcohol testing and the nuanced strategies that may reduce or eliminate these charges entirely.
At Shazam Kianpour & Associates, we have defended clients against DUI and DWAI charges throughout Denver and Colorado for over 22 years. Our approach combines thorough case analysis with personalized attention that larger firms simply cannot provide, and we’re willing to travel statewide for significant cases while offering teleconferencing capabilities for out-of-state violations.
Colorado law distinguishes between two primary impaired driving offenses, each carrying different penalties and requiring distinct defense strategies. A DUI (Driving Under the Influence) charge applies when your blood alcohol content measures 0.08% or higher, or when alcohol or drugs substantially impair your ability to operate a vehicle safely.
DWAI (Driving While Ability Impaired) represents a lesser charge that applies when your BAC falls between 0.05% and 0.079%, or when you’re impaired to the slightest degree by alcohol, drugs, or a combination of both. While DWAI may sound less serious, it still carries significant penalties, including fines, potential jail time, and license suspension.
The prosecution must prove impairment beyond a reasonable doubt, which creates opportunities for strategic defense. For example, field sobriety tests may be challenged based on medical conditions, weather conditions, or improper administration by law enforcement officers.
The following are general penalties for DUI and DWAI convictions in Denver:
Colorado imposes strict penalties even for first-time DUI offenders. You may face up to one year in jail, fines ranging from $600 to $1,000, and a license suspension lasting nine months. Additionally, you’ll be required to complete alcohol education classes and may need to install an ignition interlock device.
DWAI penalties include up to 180 days in jail, fines between $200 and $500, and a license suspension of up to eight months. Community service requirements and mandatory alcohol education programs are also common consequences of a DWAI conviction.
Repeat offenses, high BAC levels, or aggravating circumstances can result in felony charges. These enhanced penalties may include years in prison, thousands of dollars in fines, and permanent license revocation. Having a minor in the vehicle during the offense automatically increases the severity of charges and potential penalties.
The following are DUI defense strategies that may help your case:
Law enforcement officers must have reasonable suspicion to initiate a traffic stop. If the stop was conducted without proper justification, any evidence gathered afterward may be inadmissible in court. This includes observations of driving patterns, field sobriety test results, and breath or blood test measurements.
Field sobriety tests are known to be unreliable and can be affected by numerous factors unrelated to alcohol consumption. Medical conditions, prescription medications, fatigue, nervousness, and even weather conditions can impact your performance on these tests. We examine every aspect of how these tests were administered and whether proper protocols were followed.
Breath testing machines require regular calibration and maintenance to produce accurate results. Blood tests must follow strict chain-of-custody procedures and proper storage protocols. Any deviation from established procedures may provide grounds to challenge the reliability of test results.
The following is the legal process for DUI defense:
Colorado’s Express Consent Law means that refusing a breath or blood test results in automatic license suspension, but you still have the right to request a DMV hearing within seven days of your arrest. This hearing is separate from your criminal case and provides an opportunity to challenge the license suspension.
You’ll face two separate processes: an administrative DMV hearing regarding your license and criminal court proceedings for the DUI or DWAI charge. Success in one proceeding doesn’t guarantee success in the other, but evidence and strategies often overlap between the two cases.
Understanding your rights during each phase of the process is crucial. You have the right to remain silent, the right to an attorney, and the right to challenge evidence presented against you. These rights must be clearly communicated by law enforcement, and any violations may impact your case.
Our firm’s approach to DUI defense emphasizes thorough investigation and personalized attention that sets us apart from larger firms handling hundreds of cases simultaneously. With over two decades of criminal defense experience in Colorado, we understand the local court systems, prosecutors, and judges who may handle your case.
We utilize advanced technology, including teleconferencing capabilities, allowing us to represent clients throughout Colorado efficiently while maintaining the personal touch that makes the difference in your defense. Our recognition by both the National Trial Lawyers and Super Lawyers organizations reflects our commitment to achieving favorable outcomes for our clients. Contact our experienced Denver DUI defense team today to discuss your case and explore your options for protecting your future.
