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Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If you find yourself arrested for illegal drunk driving, an attorney with experience defending drunk-driving cases can help protect your rights.
Experienced Counsel for a DUI First Offense
Colorado Springs Criminal Defense Attorney David W. Foley
If this is your first arrest for drunk driving, you may be scared about what will happen. And you should be. The potential criminal penalties and related consequences are severe, even for a first offense DUI or DWAI. Our skilled defense lawyer can minimize the impact — or possibly make the charges go away.
David Foley will explain the process and the likely outcome of your case in a free consultation. Contact us immediately, before making any statements to authorities. Our Colorado Springs law firm handles DUI cases in El Paso County, Teller County and beyond.
Possible Penalties for First-Time Drunk Driving
You are facing one of two misdemeanor charges: DUI (driving under the influence) if your blood alcohol content was measured at .08 percent or greater; or DWAI (driving while ability impaired) if your BAC is at least .05 and the arresting officer observed other evidence of impairment.
- A straight conviction for a DUI first offense carries a minimum of 5 days in jail, fines starting at $300, and mandatory public service of 48 to 96 hours.
- A conviction for a first-time DWAI is punished by a minimum of 2 days in jail, fines of $100 or more, and 24 to 48 hours of useful public service.
In most cases — depending on your BAC and prior offenses — judges will grant a deferred sentence for a first-time offender. This means no jail in exchange for stipulations such as alcohol evaluation, refraining from drinking, paying fines and fees, and fulfilling community service. Under certain circumstances (BAC of .17 or greater, or a felony crash), it may be necessary to go to trial.
License suspension is handled in a separate administrative hearing. A repeat offense DUI carries much harsher penalties. Refusal to submit to testing results in automatic license suspension of one year. Drivers under age 21 can be charged with DUI for driving with any alcohol in their system.
Although most first offense DUI defendants receive leniency, it is not automatic or universal among judges. It is critical to get qualified advice from an attorney who can predict what will happen with your specific case, and challenge the evidence if necessary. CDL license holders must be especially careful when entering a plea.
Contact our Colorado Springs office for a free initial consultation and aggressive representation. You can reach us 24/7 at 719-473-7233.
