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Take Care: Driving While Under the Influence in Denver

Posted by Terry O'Malley | May 27, 2015 | 0 Comments

According to the news, a 16-year-old teenager was killed in a vehicle rollover accident in Colorado Springs, when he was ejected from the vehicle. The driver was suspected to be drunk, and was arrested on suspicion of driving under the influence and careless driving. The driver was the older sister of the teen who was killed. As the investigation continues, alcohol is suspected to be a contributor to the tragedy.

Facing DUI or DWAI charges?

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Vehicular Homicide

When someone has been driving and the alcohol contributes to the death of another, the driver will be charged with Vehicular Homicide, C.R.S. 18-3-106. In the case of this young lady and her brother, it is likely that she will face this charge because of suspicion that she was drunk, leading to her brother's death. If she is charged with Vehicular Homicide, it is listed as a class 3 felony, meaning she could be sentenced from 4 years to 16 years in prison.

If you've been charged with Vehicular Homicide, contact an experienced lawyer to fight on your behalf.

Denver DUI and DWAI Charges

Am I Under the Influence?

Socializing and having fun with your friends is one thing; driving while under the influence brings up a different set of concerns. Driving under the influence in Adams, Jefferson and Douglas County is defined as:

“driving a motor vehicle or vehicle when someone has consumed alcohol and one or more drugs, which affects that person's ability to provide accurate judgment, physical control or a safe operation of a vehicle (C.R.S. 42-4-1301 (1)(f)).”

The driver in the article is likely to face a DUI (Driving under the Influence) charge because of the fact that she caused a rollover accident, which led to her brother's death. This assumes that the driver was unable to control her vehicle or judge her driving capabilities. And again, if she was impacted by alcohol, C.R.S. 42-4-1301(1)(a) states that it is a misdemeanor for an individual affected by alcohol or one or more drugs, or a combination of alcohol and one or more drugs, to drive a motor vehicle or vehicle in Douglas, Arapahoe and Adams County. Further, if the driver in this situation is indeed charged with a DUI, and is charged with a First offense, she could be facing:

  1. Between five days and 1 year in the county jail;
  2. 48-96 hours of community service;
  3. A fine of $600-$1,000;
  4. 4 to 12 points taken off of her license.

As you can see, being charged with a DUI can come with a lot of baggage, and it is important that you are placed in good hands in order to promise yourself a good future.

Am I Impaired?

Driving while ability impaired (DWAI) in Broomfield and Rio Blanco County is when:

“someone is driving a motor vehicle or vehicle after having consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs. The consumption then makes it so that a person is less capable than normal of providing control, safely operating a vehicle, or maintaining clear judgment, C.R.S. 42-3-1301 (1)(g).”

Being charged with a DWAI is often more easily charged than a DUI is, simply because an officer may pull you over for any reason that would assume that your driving abilities are impaired. If the young lady in this incident did happen to be driving with her abilities impaired, her Blood Alcohol Content (BAC) would be checked at the police station with an Intoxilizer 9000. Let's say that the blood alcohol content level of the driver happened to be between .05 and .079— she could be charged with a DWAI, which is also a misdemeanor. It is only in cases where one's BAC is .08 and above, that a person may be facing a DUI charge.

How Can a Denver Defense Attorney Help?

Someone charged with a DUI or a DWAI could be facing a multitude of consequences, and it is important that you know what can be done to secure a hopeful future. Sometimes, in cases where people are pulled over under suspicion that they are under the influence or have been impacted by alcohol or other drugs, it is possible to be overcharged because of roadside tests that you may be asked to complete. This is why the attorneys at the O'Malley Law Office are crucial to consult—they will ensure that evidence against you is thoroughly examined to make sure it supports the charges you are facing.

Get Help Now

If you or a loved one has been charged with a DUI or a DWAI, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at (303) 830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – 44833

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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