Denver DUI Lawyer
Aggressive Defense for 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 yours on your own. You need an attorney who is intimately familiar
with Colorado’s DUI and DWAI laws and can hold authorities accountable
for their legal errors. You need a warrior on your side who can fight
to ensure that your constitutional rights are protected.
Attorney Kevin Cahill at the Law Office of Kevin Cahill has over a decade of experience and
has handled thousands of cases. He is ready to defend you.
Speak with a Denver DUI attorney from the firm by calling
(720) 548-2990 or
submitting an online contact form. Your initial consultation is FREE!
Colorado’s DUI Laws
Colorado Revised Statutes 42-4-1301 enumerates two instances when a person may be charged with drunk driving.
One way a person could be charged is if they drive a vehicle while under
the influence of alcohol and/or drugs (DUI). Driving under the influence
means that the consumption of alcohol and/or
drugs compromised a person’s normal faculties to the extent that their
ability to safely operate their car was substantially altered. If a person’s
blood alcohol concentration (BAC) was at or above .08 when they were driving
or within 2 hours of their arrest, they are considered to have committed a DUI.
The other way a person can face drunk driving charges in Colorado is if
they drvive while their ability was impaired (DWAI). This differs from
a DUI in that a person is considered impaired if the level of alcohol
and/or drugs in their system made them less capable to safely operate
their vehicle than a driver ordinarily would have. A BAC between .05 and
.08 can serve as evidence that the defendant was driving while impaired.
Regardless of the offense you have been charged with, Denver DUI attorney
Kevin Cahill will fight hard for you.
Penalties for a DUI/DWAI in Colorado
Although a DWAI is perceived to be a lesser crime than a DUI, both are
misdemeanors. And while they carry similar penalties, they are not the same.
Under CRS 42-4-1307, the potential conviction penalties for a first offense are as follows:
- Between 5 days and 1 year in jail
- Between $600 and $1,000 in fines
- Between 48 hours and 96 hours of public service
- Up to 2 years of probation
- Driver’s license suspension
- Between 2 days and 180 days in jail
- Between $200 and $500 in fines
- Between 24 hours and 48 hours of pubic service
- Up to 2 years of probation
Whether you’ve been charged with a DUI or DWAI, your reputation,
livelihood, freedom, and personal relationships are on the line. That
is why it is vital to have an experienced Denver DUI lawyer on your side.
The Criminal Justice System Isn’t Perfect, and Neither Are Chemical Tests
The law is designed to protect people’s rights, even those 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, they might use manipulative tactics, threats,
and a person’s inexperience with the law to get the evidence they need.
Unlike many other types of crimes, DUIs and DWAIs are usually based on
the arresting officer’s opinion. The officer uses his or her judgment
to determine whether probable cause existed to pull you over or to subject
you to a sobriety test. If you refuse to take a sobriety or chemical test,
the officer might decide that you are admitting consciousness of guilt.
However, if you submit to a breath or blood test, the results might not
be in your favor.
Fortunately, a failed breath or blood test does not necessarily mean a
DUI or DWAI conviction is inevitable. Kevin Cahill, a DWAI attorney in
Denver, has the skill and knowledge to help challenge the legitimacy of
such tests and the reliability of the results. He knows how to use the
available evidence in your favor and can levy his vast experience to demonstrate
that results were improperly obtained, there was a problem with the testing
machine, or the officer made an unlawful stop.
Each Case Is Unique
When you turn to Denver DUI lawyer Kevin Cahill, he will analyze each layer
of your case.
His approach begins by asking the following questions:
- Why did the officer pull you over?
- Was the sobriety or chemical test properly administered?
Did you admit to consuming alcohol or drugs? Never plead guilty or admit to consuming alcohol or drugs after a DUI/DWAI
arrest. In fact, it’s better not to say anything at all to the police,
and it’s your constitutional right to remain silent. If you’re
pulled over, simply hand the officer your ID when they request it. If
you admit to consumption, or if your speech was slurred while speaking
with the officer, the prosecutor may be planning on using this against
you in court. But that doesn’t mean it can’t be fought.
What’s your driving history? Your criminal history, including any previous alcohol, drug, or other offenses,
can have a significant impact on your case.
How to Beat a DUI/DWAI Charge in Colorado: Possible Defenses
Even the smallest details in a DUI/DWAI case in Denver can mean the difference
between a conviction and walking free. A knowledgeable DUI attorney can
recognize procedural errors and constitutional violations that may have
occurred in your case and work to protect you from an unfairly determined
verdict. Kevin Cahill understands that Colorado’s laws are complex
and multifaceted. He will investigate every inch of your case to identify
missteps. One of the most detrimental things you can do for yourself is
to give up and accept the DUI charge.
Effective defense strategies used in Colorado DUI cases include, but are
not limited to:
Illegal Stop of Driver
Police officers can’t pull someone over without probable cause that a
traffic law or other law has been violated. A good DUI attorney in Denver will start
by examining the constitutionality of the stop. In Colorado, an officer
cannot pull a person over for weaving within their lane or as a response
to an anonymous tip that the person was drinking and driving. If the officer
didn’t have probable cause to stop the driver, evidence obtained
in their case may be dismissed.
Invalid or Inaccurate Field Sobriety Test
Field sobriety tests, like the walk-and-turn or the one-leg stand, are
often inaccurate. They may not determine the sobriety of someone who is
injured, over 65 years of age, overweight, or has a special medical condition.
Additionally, the government does not recognize tests such as counting
backward or touching your nose to be valid. If the arresting officer used
any of these tests to determine inebriation, the results might be declared
inaccurate or invalid.
A single breath test is not often enough to prove inebriation, as outside
factors can sway results. Similarly, if any officer administers the test
improperly, the results may be deemed invalid and dismissed.
Kevin Cahill can investigate the legitimacy of a breath or blood test.
By examining the logs and records, he may be able to uncover indications
that the machine was malfunctioning. Kevin Cahill can also question whether
the person administering the test had sufficient training and whether
the tests were conducted reliably.
Inaccurate Blood tests
If police officers or lab specialists did not handle your blood samples
properly, it’s possible it may have been contaminated. If this can
be proven in court, the results may be declared invalid.
Often, arresting officers will cite red eyes or slurred speech as evidence
the driver was intoxicated. If these conditions were actually symptoms
of a medical condition, that information might cast doubt on the prosecutor’s case.
Illegal DUI Checkpoints
Under federal law, police must abide by very strict rules when operating
DUI checkpoints. If it can be proven that the arresting officer failed
to follow these rules, the charges may be dropped entirely.
An officer may not search a car without the driver’s consent or probable
cause. Doing so is arguably a violation of Fourth Amendment Rights, which
protect people from illegal searches and seizures. Demonstrating that
such has occurred in a DUI case can result in all evidence gathered through
the search to be thrown out of court.
Act Immediately After DUI Charges
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 were charged, get started on your case as quickly as possible.
A conviction can result in incarceration, a fine, loss of driver’s
license, and a permanent stain on your record. These matters require immediate
and aggressive action. Denver DWAI lawyer Kevin Cahill will work tirelessly
to defend your rights.
Contactthe Law Office of Kevin Cahill at
(720) 548-2990 to schedule your free consultation.