Denver DUI Lawyer
Defending DWAI & DUI Charges 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 .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 DWAI or DUI defense lawyer in Denver, Kevin Cahill will analyze your case layer by layer, asking the following questions:
- Why did the officer pull you over? A good lawyer will start by examining the constitutionality behind the reason you were pulled over. If the officer didn’t have reasonable suspicion to stop you, the evidence will have to be dismissed.
- Was the test properly administered? Next, 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.
- 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.
Details such as these could mean the difference between a conviction and walking free on the streets of Denver. A knowledgeable Denver criminal lawyer 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.
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.
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.
Don’t wait until the DMV has a chance to revoke your license, start protecting your rights and freedoms today by contacting the Law Office of Kevin Cahill at (720) 548-2990 and scheduling your free consultation.