Denver DUI Lawyer
Defending DWAI & DUI Charges in Colorado
Are you facing charges for driving under the influence? DUI and DWAI cases can be complex, stressful, and emotionally taxing—don’t attempt to handle them all on your own. You need an attorney who is intimately familiar with DUI and DWAI laws in Colorado, and who can hold authorities accountable for their errors and fight to make sure your constitutional rights are being upheld. The Law Office of Kevin Cahill has over a decade of experience and has handled thousands of cases.
Speak with a Denver DUI attorney from our firm in a FREE consultation now!
DUI Penalties and Laws in Colorado
The state of Colorado has two level of offenses for those who have been found driving under the influence of drugs or alcohol: DUI, for those found with a blood alcohol content (BAC) of .08 or higher, and DWAI, or Driving While Ability Impaired, for those found with any blood alcohol percentage, less than 0.08%.
Though DWAI charges are perceived to be a lesser crime over DUI, both offenses carry similar penalties for convictions, the only difference being that being pulled over for DWAI doesn’t typically lead to an automatic license suspension by the DMV. Other possible penalties include potentially lengthy jail or prison sentences, large fines, probation, and mandatory drug and alcohol counseling. This means that your reputation, livelihood, freedom, and family are all on the line, which is why it is vital that you have an experienced Denver DUI attorney on your side.
The Criminal Law System Isn’t Perfect & Neither Are Chemical Tests
The law is designed to protect peoples’ rights, even those who have been convicted of a crime. However, law enforcement officials like police officers and district attorneys have a duty to send criminals to jail. In their attempts to make their jobs easier and smoother, they may attempt to use manipulative tactics, threats, and your inexperience with the law to get the evidence they need.
Unlike many other types of crimes, DUI and DWI charges are usually based on the arresting officer’s opinion. The officer uses his or her judgment to decide to pull you over or subject you to a sobriety test. If you refuse to take a sobriety or chemical test, the officer might decide you are admitting consciousness of guilt. But if you do submit to a breath or blood test, the results might not be in your favor.
Fortunately for you, a failed bread or blood test doesn’t necessarily equal a DUI or DWAI conviction. Kevin Cahill has the skill and the knowledge to help you challenge the legitimacy of such tests and the reliability of the results. He knows how to use the available evidence in your favor, and will bring his vast experience to bear to demonstrate that the results were improperly obtained, there was a problem with the testing machinery itself, or you were unfairly pulled over.
Each Case is Unique
As your DUI lawyer in Colorado, Kevin Cahill will analyze your case layer by layer, asking the following questions:
- Why did the officer pull you over?
- Was the test properly administered?
Did you admit to consuming alcohol or drugs?
- Never plead guilty or admit to consuming alcohol or drugs after an arrest—in fact, it’s better not to say anything at all to the police. Simply hand them your ID when they request it. If you did admit to consumption, or if you spoke with slurred speech, the prosecutor may be planning on using this against you in court—but that doesn’t mean it can’t still be fought.
What’s your driving history?
- Your criminal history, including any previous alcohol, drug, or other types of criminal offenses—can have a significant impact on your case.
Defenses for DUI Charges in Colorado
Details such as these could mean the difference between a conviction and walking free on the streets of Denver. A knowledgeable DUI lawyer in Denver can recognize shortcuts and constitutional infractions surrounding your case, and work to protect you from an unfairly determined verdict. Kevin Cahill understands that Colorado DUI and DWAI laws are complex and multifaceted, and he will investigate every inch of your case to protect you from missteps. The worst thing you can do for yourself is to give up and accept the DUI charges.
The most effective defense strategies used to help you get your Colorado DUI charge reduced or dismissed altogether:
Illegal Stop of Driver
It is illegal for a police officer to pull you over without probable cause that a traffic law or other law has been violated. A good DUI lawyer in Denver will start by examining the constitutionality behind the reason you were pulled over. In Colorado, an officer cannot pull you over for weaving within your lane, or as a response to an anonymous tip that you were drinking and driving. If the officer didn’t have reasonable suspicion to stop you, the evidence will have to be dismissed.
Invalid or Inaccurate Field Sobriety Test
Field sobriety tests like the walk-and-turn or the one-leg stand are often inaccurate, and may never be used to determine the sobriety of a person who is injured, older than 65, overweight, or who has a special medical condition. Additionally, the government does not recognize tests such as counting backwards or touching your nose to be valid. If your arresting officer used any of these tests to determine inebriation, you by be able to have the results declared inaccurate or invalid.
Mr. Cahill will investigate the legitimacy of the breath or blood test. By examining the logs, he can work to uncover indications that the machine was malfunctioning. Mr. Cahill can also question whether the executor had sufficient training, and whether the tests were conducted in a reliable way.
A single breathalyzer test is often not enough to prove inebriation, as results are often swayed by outside factors. Similarly, if any officer administers the test improperly, you may be able to have the results dismissed as invalid.
Inaccurate Blood Tests
If police officers or lab specialists did not handle your blood samples properly, there is a possibility that they may have been contaminated. Prove this in court, and your blood test results may be declared invalid.
Oftentimes, arresting officers will cite red eyes or slurred speech as evidence that the driver was intoxicated. If these conditions were actually symptoms of a medical condition, you can help your case by proving this in court.
Illegal DUI Checkpoints
Under federal law, police must abide by very strict rules when operating DUI checkpoints. If you can prove that your arresting officer failed to follow these rules, you may be able to have your charges dropped entirely.
An officer may not search you or your car without your permission or probable cause. This is arguably a violation of your Fourth Amendment rights, which protect people from illegal search and seizure. If you can demonstrate an illegal search has occurred, all evidence gathered through the search will have to be thrown out of court.
Act Immediately After DUI Charges
Just make sure that you act as quickly as possible. In Denver, DUI or DWAI requires immediate and aggressive action if you want to be able to fully defend your rights. In the vast majority of cases, you’ll only have seven days to request a DMV hearing before your license is suspended for nine months or more. And if you are convicted of a drug or alcohol driving offense in court, your driving privileges are likely to be suspended even further.
Kevin Cahill Will Work Tirelessly to Defend Your Rights
It doesn’t matter if you just had a couple of glasses of wine with dinner or took a few puffs of marijuana at a concert—Colorado courts will take your DUI or DWAI case very seriously. If you are charged, you face incarceration, loss of license, and a permanent stain on your record. Don’t wait until the DMV has a chance to revoke your license, start protecting your rights and freedoms today!
Contact the Law Office of Kevin Cahill at (720) 548-2990 and scheduling your free consultation.