If you were arrested for Driving Under the Influence (DUI), you need to understand the DUI laws and penalties in your state. For example, some states call DUI a DWI or Driving While Intoxicated, and some have a lesser charge of Driving While Ability Impaired or DWAI. States like Colorado, Massachusetts, Florida and California use a driver’s license point system, and a DUI conviction can add points to your driver’s license.
If you’ve been charged with DUI, DWI or DWAI, you should take the time to learn about the different DUI laws in your state, but don’t be tempted to represent yourself in DUI court. Experienced DUI attorneys will understand all the state laws that pertain to DUIs or DWAIs and can get you back on the road faster.
DUI Laws
If you are pulled over for any kind of traffic violation and law enforcement suspects that you have been drinking, you will be asked to take a Blood Alcohol Content (BAC) test. While you can refuse a field sobriety test, it is in your best interest to submit to a breath machine test or a blood test at the police station. If you refuse a BAC test, your driver’s license can be suspended. Most DUI attorneys advise their clients to submit to a blood or breath BAC test.
Once you have taken a BAC test, your Blood Alcohol Content must be 0.08 to be convicted of a DUI or DWI in most states. If your blood alcohol content is lower than 0.08 but higher than 0.05, you can be given the lesser charge of DWAI or Driving While Ability Impaired. Often, DUI attorneys will challenge the blood alcohol content test results in order to get DUI charges dismissed or penalties reduced from a DUI to a DWAI.
Legal Penalties for a DUI
In many states, someone convicted of their first DUI can be sentenced to anywhere from five days up to one year in jail. DUI attorneys can petition for a first offender to have jail time converted to time in an alcohol treatment program. For a first offense DUI, judges can levy fines from between $600 up to $1,000. Many states also require that offenders perform community service hours, with a minimum of around 40 hours.
If a state’s driving laws include driver license points, a conviction for a DUI automatically adds points to your license. For example, a DUI adds 12 points to a Colorado driver’s license. These 12 license points can mean an automatic driver’s license suspension. DUI attorneys may not be able to reduce license points, but they can reduce other DUI penalties such as fines or jail time.
DUI Attorneys
If you have a DUI, DWI or DWAI arrest and are facing harsh legal penalties, it is imperative that you get an attorney who understands local laws as soon as possible. DUI attorneys are very knowledgeable about all the ins and outs of DUI laws and can make sure you get the lightest penalties possible.
Philip Smith is a seasoned criminal defense attorney practicing in Denver, Colorado. He has served as a judge and as a deputy district attorney, and understands how to make the legal system work for you. Please visit http://www.philipsmithlaw.com/ for more information on Colorado criminal law and the services Philip Smith provides.
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