The state of Colorado has criminalized the operation of vehicles by drivers who are intoxicated. Those who are found to be driving while under the influence of alcohol or drugs face charges for Driving While Ability Impaired (DWAI) or Driving Under the Influence (DUI). At the law firm of Flanders, Elsberg, Herber & Dunn, LLC, we have represented defendants in a variety of legal matters since our founding in 1871. Today, we regularly represent those accused of drunk driving in Longmont and the Boulder County area. Our attorneys are knowledgeable, experienced and resolute in pursuing the best possible outcomes for our clients.
While all states have made drunk driving unlawful, Colorado’s unique laws mean that drivers may be charged with different crimes depending on their level of intoxication. Like most states, Colorado defines DUI as the operation of a vehicle by a driver with a blood alcohol concentration (BAC) of 0.08 percent or higher. However, the state has created a second crime, DWAI, to penalize drivers with a BAC between 0.05 and 0.08 percent. Minors can be charged with underage drunk driving (UDD) if their BAC is 0.02% or higher. If you are facing DUI or DWAI charges, our criminal defense attorneys can help you understand and fight the charges against you.
The penalties associated with the charges against you depend on your blood alcohol content and whether you have previously been charged with DUI or DWAI.
For DUI charges, a first offense carries a possible jail sentence up to one year. Subsequent offenses also result in the same penalty. A DUI defendant faces fines of up to $1,000 for a first offense and up to $1,500 for future offenses. Driving under the influence also results in a nine-month license suspension for your first offense, a one-year suspension for a second offense, and a two-year suspension for a third offense.
If you have been charged with DWAI, your first offense could result in up to 180 days in jail. Subsequent offenses come with possible jail sentences of up to one year. First offenders face a fine of up to $500 while second and third offenders may be fined up to $1,500. There is no license suspension associated with a first-offense DWAI, but subsequent offenses are subject to the suspensions associated with second and third DUI charges.
In addition to facing possible fines, jail time and license suspension, Colorado drivers accused of drunk driving may face other challenges. For example, the commission of second and third offenses of either type necessitates the installation of an ignition interlock device in your car to regain driving privileges. The state also has an implied consent law. This means that refusal to submit to a chemical test results in an automatic license suspension as well as fines. Our attorneys understand that not being allowed to drive has serious repercussions, so we work to have the charges against you dropped or reduced.
A DUI or DWAI charge can result in significant penalties that make your life much more difficult, affecting your license and your livelihood. At Flanders, Elsberg, Herber & Dunn, LLC, we are staunch advocates for defendants in traffic cases, working to get charges and penalties reduced. From our office in Longmont, we defend clients in the greater Denver area. To learn how we can help, schedule a consultation by calling 303-776-5380 or contact us online.
Flanders, Elsberg, Herber & Dunn, LLC has survived since 1871 for many good reasons, not the least of which are excellent legal representation and exemplary client communication and service. Come see the difference that our knowledgeable, local attorneys can make. Call us at 303.776.5380 or contact our Longmont office online.
The law firm formed in 1871 by Col. Byron L. Carr and Charles E. Day
The law firm became Carr and Secor after F. P. Secor read for the law under the supervision of Col. Carr
The law firm became Secor and Secor after F. P. Secor’s son, Gray Secor joined.
After graduating from the University of Colorado Law School, Horace Greeley McCarty began office sharing with Secor and Secor.
L.B. "Larry" Flanders graduated from the University of Colorado first in his business school & law school classes. Larry was the grandson of F. P. Secor, joined the firm.
The law firm became Secor, McCarty & Flanders.
After graduating from the University of Colorado Law School, Tom Wood began practicing with the firm.
The law firm became Secor, McCarty, Flanders & Wood.
John C. Flanders, great grandson of FP Secor joined the law firm.
The law firm became Flanders, McCarty, Wood & Sonnesyn.
Thomas L. Stover joined the law firm.
The law firm became Flanders, Sonnesyn & Stover.
Kathleen A. Ellis joined the law firm.
Scott W. Dunn joined the law firm.
The law firm became Flanders, Stover, Elsberg & Ellis, LLC when R. Lee Elsberg joined the firm.
The law firm became Flanders, Stover, Elsberg, LLP.
Elizabeth A. Montague joined the law firm.
Mark A. Herber began his solo law practice.
The law firm became Flanders & Elsberg, LLP.
Mark A. Herber and Clinton K. Nash merged to become Herber & Nash, P. C.
The law firm became Flanders, Elsberg & Dunn, LLC.
Flanders, Elsberg & Dunn, LLC and Herber & Nash, P. C. merged to become Flanders, Elsberg, Nash, Herber & Dunn, LLC.
Current – Flanders, Elsberg, Herber & Dunn, LLC
Theodore J. Finn and Elizabeth A. Montague became Partners at Flanders, Elsberg, Herber & Dunn, LLC.