When facing a legal challenge as serious as a DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) charge in Colorado, it’s essential to have experienced legal advocates by your side. At Smith & Weidinger PLLC, we understand the legal system and use our knowledge to provide expert representation for individuals navigating these complex charges. Our commitment to protecting client rights and offering personalized defense strategies has established us as a trusted resource in the Denver community.

Photo of Drunk Driving

About Smith & Weidinger PLLC

Smith & Weidinger PLLC is a Denver-based criminal defense law firm dedicated to providing high-quality legal services tailored to each client’s unique needs. Our DUI attorneys are focused on ensuring that individuals facing DWAI and DUI charges receive fair treatment and a strong defense.

The philosophy at Smith & Weidinger PLLC is clear: every client battling DUI charges deserves a rigorous defense rooted in legal knowledge, personalized strategies, and a commitment to justice. Our team of seasoned Denver DUI defense attorneys leverages years of experience, a thorough understanding of Colorado DUI law, and a client-centered approach to navigating even the most complex cases. Our key services include the following:

  • Comprehensive legal representation for DWAI and DUI charges.
  • Expert consultation and case analysis.
  • Development of personalized defense strategies.
  • Advocacy for client rights at every stage of the legal process.

Understanding DUI and DWAI in Colorado

Colorado has stringent laws for impaired driving, and understanding the distinction between DUI and DWAI is crucial for anyone facing such charges. 

What is a DUI Charge?

DUI stands for Driving Under the Influence, which typically involves a person with a blood alcohol concentration (BAC) above the legal limit of 0.08% or higher operating a vehicle. DUI charges can also apply to individuals impaired by drugs—whether prescription, over-the-counter, or illegal substances.

What is a DWAI Charge?

DWAI, or Driving While Ability Impaired, applies to cases where a driver’s ability to operate a vehicle is affected by alcohol or drugs, but their BAC is between 0.05% and 0.08%. While considered less severe than a DUI, DWAI charges still carry significant penalties and legal repercussions.

Key Differences

  • BAC Threshold: DUI has a higher BAC threshold (0.08%) compared to DWAI (0.05%-0.08%).
  • Penalties: A DUI conviction generally results in more severe fines, longer license suspensions, and potential jail time than a DWAI conviction.
  • Impact on Record: Both charges can have long-term implications, including points on your driving record and increased insurance rates.

The Legal Process and Potential Penalties

Being charged with a DUI or DWAI in Colorado initiates a legal process that can be overwhelming without proper guidance. 

Understanding the Legal Steps

  • Arrest and Chemical Testing: After a traffic stop, if law enforcement suspects impairment, they may administer field sobriety tests or chemical tests (e.g., breathalyzer or blood test).
  • Charges and DMV Action: If results indicate impairment, charges are filed, and the Colorado Department of Motor Vehicles (DMV) may take administrative action, such as suspending your license.
  • Court Proceedings: The accused must appear for arraignment, where they can plead guilty, not guilty, or no contest.
  • Defense and Trial: If the case proceeds, evidence is presented, and both sides argue their case. An experienced attorney is pivotal in challenging evidence and advocating for the client.

Potential Penalties

Penalties for DUI and DWAI in Colorado vary based on factors such as BAC levels, prior convictions, and the presence of aggravating circumstances (e.g., causing an accident). Common penalties include:

  • Fines: Ranging from hundreds to thousands of dollars.
  • License Suspension: Up to one year or more for repeat offenses.
  • Jail Time: Mandatory jail sentences for repeat offenders or high BAC levels.
  • Community Service: Typically required as part of sentencing.
  • Alcohol Education Programs: Attendance at court-ordered classes.

The Role of an Experienced Lawyer in DUI/DWAI Cases

Facing a DUI charge without legal representation can lead to severe consequences. An experienced Denver DUI attorney will provide support and expert legal strategies throughout the process. Contact Smith & Weidinger PLLC today for a free consultation if you’ve been charged with a DUI offense.

Analyzing Evidence

The foundation of a strong DUI or DWAI defense begins with a thorough review of the evidence. At Smith & Weidinger PLLC, our attorneys meticulously examine every aspect of the case to identify potential flaws or violations that can be leveraged in the client’s favor. This includes:

  • Breathalyzer Results: Breathalyzer machines are not infallible. Factors such as improper calibration, maintenance issues, or operator error can lead to inaccurate results. Certain medical conditions or dietary factors can also produce falsely elevated BAC readings. A skilled attorney will scrutinize the records to ensure the test was administered and analyzed correctly.
  • Police Reports: Law enforcement officers must follow strict protocols during DUI or DWAI investigations. Any inconsistencies or errors in the officer’s report, such as conflicting statements or missing critical details, can weaken the prosecution’s case.
  • Field Sobriety Tests: These tests are subjective and can be influenced by various factors, including uneven pavement, poor lighting, adverse weather, or the driver’s physical condition. An experienced lawyer will challenge the validity of these tests and argue their unreliability as evidence of impairment.
  • Video and Audio Evidence: Dashcam or bodycam footage from the arrest can reveal whether the officer acted within the bounds of the law.

The DUI attorneys at Smith & Weidinger PLLC will thoroughly analyze all available evidence to ensure that every possible defense avenue is explored.

Building a Defense Strategy

A criminal defense attorney will use customized and aggressive defense strategies tailored to the specifics of each case. These may include:

  • Assessing the Client’s Situation: Understanding the client’s circumstances, including their criminal history, BAC level, and any mitigating factors, is critical in formulating an effective strategy.
  • Identifying Key Weaknesses in the Prosecution’s Case: Whether it’s disputing the legality of the traffic stop, challenging the accuracy of chemical tests, or highlighting procedural errors, the attorneys focus on undermining the evidence against their client.
  • Exploring Mitigating Factors: If the client has no criminal record, has never been charged with a criminal offense, has a clean driving record, was cooperative during the arrest, or has already taken steps such as enrolling in alcohol education programs, these can be presented to the court as mitigating factors.
  • Preparing for All Scenarios: While negotiating with prosecutors is often the first step, our firm also prepares for the possibility of trial by gathering evidence, interviewing witnesses, and crafting a compelling narrative to present in court.

Negotiating With Prosecutors

Negotiation is a critical component in DUI cases, and the Denver DUI defense attorneys at Smith & Weidinger PLLC excel in advocating for their clients during this phase. Skilled negotiation can lead to outcomes such as:

  • Reduced Charges: Depending on the circumstances, a DUI charge might be reduced to a lesser offense, such as reckless driving. This can significantly reduce penalties and long-term consequences for the client.
  • Alternative Sentencing: In some cases, prosecutors may agree to alternatives like probation, community service, or alcohol treatment programs instead of jail time. This is especially true for first-time offenders with no previous DUI convictions or individuals with extenuating circumstances.
  • Minimized Penalties: Even if a complete dismissal of criminal charges is not possible, an experienced DUI defense attorney can work to reduce fines, shorten license suspensions, or limit other penalties.

Advocating In Court

An experienced trial attorney will help secure the best possible outcome for their client, whether that’s an acquittal, a reduced sentence, or a more favorable resolution of the charges. At Smith & Weidinger PLLC, our approach may include:

  • Challenging Evidence:  From questioning the reliability of chemical tests to exposing procedural errors, our attorneys methodically dismantle the prosecution’s case.
  • Presenting Expert Witnesses:  In some cases, expert testimony can provide critical insights into the flaws of breathalyzer technology, the unreliability of field sobriety tests, or other technical aspects of the case.
  • Humanizing the Client: A Denver criminal defense attorney will work to portray the client as a responsible individual who made a mistake, emphasizing their commitment to rectifying the situation. This approach can resonate with judges and juries, influencing their decisions.
  • Delivering Persuasive Arguments: A clear and confident presentation of the facts, combined with a deep understanding of legal precedents, ensures the defense is as strong as possible.

By focusing on these critical areas, Smith & Weidinger PLLC provides clients with the robust representation they need to protect their rights and effectively navigate the complexities of DUI and DWAI cases.

Common Defenses in DUI and DWAI Cases

The Denver DUI attorneys at Smith & Weidinger PLLC employ a wide range of defense strategies to effectively challenge DUI and DWAI charges, with an approach tailored to each client’s case specifics. 

A common tactic is demonstrating that the traffic stop was improper, particularly if the police officer lacked reasonable suspicion to justify pulling over the vehicle. We also scrutinize the accuracy and reliability of chemical tests and field sobriety tests, often identifying faulty procedures or equipment issues that can undermine the prosecution’s case. If there are constitutional concerns, such as violations of the client’s rights during the arrest process, these are vigorously highlighted and used to challenge the admissibility of evidence. 

Additionally, our firm examines whether medical conditions like diabetes or acid reflux could have skewed the blood or breath test results, presenting these factors as alternative explanations for elevated readings. Finally, inconsistencies or biases in law enforcement reports are carefully analyzed, with any discrepancies in the officer’s testimony used to weaken the prosecution’s narrative. These comprehensive defenses ensure that every angle of the case is explored to secure the best possible outcome for our clients.

Swift Legal Action: Why Timing Matters

Timing is critical when dealing with a drunk driving charge. Early intervention by a skilled attorney may prevent the automatic suspension of your driver’s license by requesting a DMV hearing within seven days of the arrest. An attorney will also be able to secure vital evidence, such as dash cam footage, before it gets erased. Timely and aggressive representation will help build a strong defense while the case details remain fresh.

Understanding Your Rights

When facing a DUI conviction, you must understand the following rights: 

  • Right to Remain Silent: You are not obligated to answer questions about your drinking or drug use without an attorney present.
  • Right to Legal Counsel: Contact a lawyer immediately to protect your rights and build a defense.
  • Right to Challenge Evidence: Contesting the validity of the arrest, testing methods, and procedural conduct is a fundamental part of your defense.

Smith & Weidinger PLLC ensures these rights are upheld and leveraged in your defense.

The Smith & Weidinger PLLC Client Experience

The Denver DUI lawyers at Smith & Weidinger PLLC understand that the client’s well-being and success are at the heart of every case. For you to feel as protected as you deserve, we focus on:

Comprehensive Consultations

The process begins with a thorough consultation to understand the case’s specifics, discuss legal options, and provide clear guidance on the next steps.

Personalized Defense Plans

Recognizing that no two cases are alike, our firm crafts tailored defense strategies that address each client’s unique circumstances.

Transparent Communication

Clients are kept informed at every stage, with open lines of communication to answer questions and provide updates.

Focused Advocacy

The attorneys at Smith & Weidinger PLLC work tirelessly to protect client rights, minimize penalties, and achieve the best possible outcomes.

Contact Smith & Weidinger PLLC Today!

Facing a DUI or DWAI charge in Colorado can be a daunting experience, but you don’t have to navigate it alone. Smith & Weidinger PLLC offers the legal expertise, personalized attention, and commitment to justice you need to protect your future. Our dedicated attorneys will work tirelessly to build a robust defense, minimize the impact of the charges, and help you move forward confidently.

If you or someone you know is facing DUI or DWAI charges, don’t wait. Contact Smith & Weidinger PLLC today for a free consultation and take the first step toward securing the legal representation you deserve.