FAQs

The Law Office of Ryan Peterson, LLC

  • What should I do immediately after being arrested for a DUI or DWAI in Colorado?

    It's crucial to contact a DUI defense attorney as soon as possible after an arrest. Additionally, you may need to request a DMV hearing within seven days to prevent automatic license suspension or revocation.
  • What is the difference between DUI and DWAI in Colorado?

    In Colorado, a DUI involves driving with a blood alcohol content (BAC) of 0.08% or higher. A DWAI applies when a driver's BAC is between 0.05% and 0.08% and they show signs of impairment. While DWAI carries penalties, it's generally considered less severe than a DUI.
  • Can commercial drivers lose their CDL after a DUI or DWAI arrest?

    Commercial drivers are subject to stricter standards. Any alcohol-related offense can lead to CDL suspension or permanent disqualification, even if it occurs in a personal vehicle.
  • How does Colorado treat DUI cases involving drugs (prescription or illegal)?

    Colorado law treats drug-related DUIs similarly to alcohol-related cases. Driving under the influence of any substance that impairs your ability to operate a vehicle safely, including legal prescription medications, can result in DUI charges.
  • What are the penalties for a first-time DUI or DWAI offense in Colorado?

    First-time offenders may face penalties including monetary fines, license suspension or revocation, mandatory community service, alcohol education programs, and potential jail time. While DWAI penalties are generally less severe, they are still significant.
  • What happens if I'm charged with a felony DUI?

    Felony DUI charges typically stem from multiple prior offenses or cases involving injury or death. Consequences often include significant prison sentences, substantial fines, and long-lasting impacts on one's personal and professional life.
  • Can I fight a DUI or DWAI charge if I failed a breathalyzer or blood test?

    Yes, it's possible to challenge breathalyzer or blood test results. Potential grounds for challenge include improper test administration, equipment calibration errors, or certain medical conditions. The specific defense strategy will depend on the details of your case.
  • What are the consequences of a DUI with injury in Colorado?

    A DUI involving injury is often prosecuted as a felony offense in Colorado. Potential consequences include imprisonment, substantial fines, mandatory restitution to victims with serious bodily injury, and a permanent criminal record.
  • Is it possible to get a DUI or DWAI expunged or sealed in Colorado?

    In Colorado, DUI and DWAI convictions may be expunged or sealed, but only in rare circumstances. However, if charges were dismissed or you were arrested but not convicted, it may be possible to have those records sealed under certain conditions.
  • How are underage DUI or DWAI cases handled differently?

    Colorado implements a strict, virtually zero-tolerance policy for drivers under 21 years of age. Even minimal levels of alcohol detected can result in license suspension and other penalties, which can be more severe than those for of-age drivers.