DUI, DWAI and DMV Law
Harper Law Firm has over 35 years experience representing clients accused of DUI and DWAI cases. DUI and DWAI cases involve both a criminal case in county court and also a hearing at the state of Colorado DMV office. Some DUI and DWAI cases involve prescription or illegal drugs. A second or more DUI or DWAI charge requires additional court appearances and mandatory jail sentences so these cases will be more expensive to defend than a first offense.
The punishment for drunk driving has become more severe over time. It is common now for even first time offenders to receive time in prison or large fines. Second time offenses often require a mandatory prison time and revocation of your drivers license.
All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a police officer’s observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.)
The second offense is called “illegal per se”, which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.
In Colorado, DUI and impaired offenses are misdemeanors, injury-related DUI offenses are class 4 felonies – Citation: §§18-1.3-401 & 18-3-205