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Fairplay DUI Attorney

Skilled Legal Defense Against Fairplay DUI Charges

Colorado courts are tough on DUI, whether it involves alcohol or drugs. A DUI conviction can have serious consequences, including criminal penalties, driver’s license revocation, and a criminal record that can impact your future prospects. You need a strong legal defense to protect your freedom and your future.

Our Fairplay DUI defense lawyers know how to fight back against DUI charges. We are experienced trial lawyers and former prosecutors who understand the intricacies of DUI laws. Contact us at (970) 368-0602 to get a team of skilled legal advocates on your side.

What Are the Potential Penalties With DUI Charges in Fairplay?

Charges and penalties for driving under the influence of alcohol or drugs in Colorado include the following:

  • DWAI (driving while alcohol impaired): This offense occurs when a driver operates a vehicle with blood alcohol concentration (BAC) of greater than .05% and less than .08%. Penalties for a first offense may include a jail term of two to 180 days, a fine of $200 to $500, and 24 to 48 hours of community service.
  • DUI (driving under the influence): When a driver’s BAC is .08% or higher, the charge is DUI. A first offense carries five days to one year in jail, a fine of up to $1,000, driver’s license revocation for up to nine months, and up to 96 hours of community service.
  • DUID (driving under the influence of drugs): Under Colorado law, a driver is considered to be under the influence if his or her driving ability is substantially impaired. DUID is charged when a driver’s blood contains five nanograms or more of delta—9 THC. Officers can also test for other drugs. Penalties for DUID are the same as for DUI.

What Are the Common Aggravating Factors With DUI Charges?

Certain factors can aggravate DUI charges in Colorado, for example:

  • If you were arrested for DUI with a BAC of .20% or higher, you may be subject to penalties that are much more severe, including 10 days in jail and automatic license revocation.
  • Driving under the influence with a child under the age of 16 in the vehicle can lead to charges of child abuse in addition to DUI. This can mean increased criminal penalties, including prison time, and it may endanger your custody of your child.
  • If you are pulled over for reckless driving and drunk driving is involved, it could be an aggravated DUI, with charges of reckless driving and DUI.
  • If driving under the influence results in an accident that causes serious bodily injury to another, you could be facing vehicular assault charges, a class 4 felony. If the accident causes the death of another person, you could be facing vehicular homicide charges, with penalties that include up to 12 years in prison.

How Should You Conduct Yourself In a Fairplay DUI Traffic Stop?

No one wants to be pulled over by police on suspicion of DUI. Nevertheless, it is important to remain calm and ensure your rights are protected. Put on your turn signal and pull over calmly. Stop your car and turn it off. Bear in mind that everything you do from this point forward is probably being recorded on police body cams. Be courteous to the officer, provide license, registration, and proof of insurance, but do not admit you have been drinking. Exercise your right to remain silent. Do not perform the field sobriety tests but do take the chemical test.

If you are arrested for DUI in Fairplay, contact Whitaker & Penix, LLC at (970) 368-0602. Our Fairplay criminal defense attorneys can deliver skilled criminal defense against DUI charges.