DUI Offenses in Aurora
Alcohol related driving offenses include driving under the influence and driving while ability is impaired. If you have questions, do not hesitate to contact Mr. Lawrence. He is a DUI attorney in Aurora. Below you will find some information that hopefully is helpful to you.
What is driving under the influence or driving while ability is impaired?
“Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. See C.R.S. § 42-4-1301(1)(f). The law will presume an individual to be incapable of operating a motor vehicle safely if a chemical test comes back with a BAC above a .08 within two hours of driving.
“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. See C.R.S. § 42-4-1301(1)(g). The law will assume you are impaired if a chemical test comes back with a BAC above .05 within two hours of driving.
It is important to remember that drugs can also form a basis for DUI or DWAI. For example, active THC levels above 5 nanograms will result in charges of driving under the influence. Additionally, a blood result showing a low BAC and low THC level could result in a DUI charge.
What are the penalties for alcohol related driving offenses?
The mandatory minimum for a second can be served on in-home detention or work release. To qualify for in-home detention, the first DUI or DWAI must have occurred at least five years prior to the second. If the second DUI were within five years of the second, the sentence case be served on work release. To qualify for work, release you must be employed at the time of sentencing.
The mandatory minimum for a third can be served through in-home detention or work release. However, it is highly improbable that an individual will get in-home detention for a third alcohol related driving offense. It is also unlikely that only jail sentence would be the mandatory minimum. Felony alcohol. If you are facing a third or felony DUI, it is important to contact an attorney as soon as possible.
In addition to jail, alcohol related driving offense carry possible probation sentences. Probation will include community service, substance abuse classes and counseling, monitored sobriety, and a victim impact panel. The range of probation depends on the facts and circumstances of your case, but it is typically 1 to 2 years.
Should you hire a DUI attorney?
The average fact pattern of an alcohol related driving offense involves an individual going out for a little fun and having some alcoholic drinks. On the way home, a cop decides to pull the individual over for alleged swerving. Upon contact, the officer smells an odor of alcoholic beverage, see blood shot and watery eyes, and hears slurred speech. The individual is then placed under arrest and requested to take a blood or breath test. Ultimately, they are charged with driving under the influence of alcohol. An individual should consult with a DUI defense attorney if charged with an alcohol related driving offense.
If you need a DUI defense attorney do not hesitate to contact the Lawrence Law Firm. Lain A. Lawrence has the experience needed to represent and defend you against any alcohol related driving offense. Mr. Lawrence has defended countless individuals charged with driving under the influence. For a free consultation, call 720.369.4929. Mr. Lawrence is a DUI Attorney in Denver, Aurora, Castle Rock, and surrounding areas.
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