It is vital to your freedom to have an experienced DUI lawyer in Weld County to fight by your side: Receiving a DUI or DWAI in Weld, Morgan or Larimer County could end with serious consequences.
- DUI - Driving Under the Influence - C.R.S. 42-4-1401
- DWAI - Driving While Ability Impaired - C.R.S.42-4-1401
- Roadside Tests
In Weld County, getting a DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) means you will face huge fines, possible jail time, and the chance of losing your Colorado driver’s license.Having a DUI or DWAI on your record could hinder your ability to get a job, or cause you to lose a current one. Additional charges, like Reckless Endangerment or Child Abuse, could also result from a DUI traffic stop if there are children in the car with you.
Why Do I Need a DUI Lawyer?
Not everyone pulled over by the police in Fort Morgan, Sterling or Brighton should be treated the same. While some are truly intoxicated, many people have been out socializing and have had a few drinks without thinking they need a designated driver. These people do not need extensive therapy. An experienced DUI lawyer in Weld County at the O’Malley Law Office will work hard to ensure that you won’t be included with serious alcoholics, and that you will receive the minimum treatment that is necessary.
We Examine the Evidence
When you face DUI charges, you will be arrested, and have a mandatory court appearance. Before your court appearance, a trustworthy attorney will be able to “receive discovery” of your case from the Weld County District Attorney. These documents contain police reports that state what the government will tell the court that you’ve done; an insightful DUI lawyer in Weld County can examine the evidence and determine whether they had reasonable suspicion for the stop to take place, or if they had probable cause for your arrest.
When your case goes to court, your lawyer will be able to speak to the DA and the judge. During this court appearance, your lawyer will evaluate where the DA is at regarding your case and either work out a plea agreement or set the matter for trial. Plea agreements can vary wildly – the terms for a plea impact your treatment requirements, fines and your probation term. Before your lawyer sets your case for trial, it is important to have a strong personal conviction that your case can be won.
Our Relationship with the DA
The DUI and DWAI attorneys at the O’Malley Law Office are experienced in DUI law in Colorado and we have relationships with the Deputy District Attorneys in Weld, Morgan and Logan County. We are able to speak openly with them concerning your case and current law for DUI’s. We have a thorough knowledge of criminal law, and are respected by the Deputy District Attorneys. Your job and your freedom is on the line – don’t send a part-time DUI lawyer into court to speak on your behalf.
Our Knowledgeable DUI and DWAI Attorneys Make the Difference
Fighting a DUI or DWAI charge takes knowledge of the criminal justice system. We can begin your defense by challenging the actual legality of your traffic DUI stop, to determine whether or not the police had the right to pull you over. We can challenge the results from your breathalyzer or field sobriety tests. Finally, we can advance constitutional defenses to the judge in your case.
DUI, DWAI, and Roadside Tests
Driving Under the Influence (DUI)
The level of alcohol in your blood (BAC) is very important for the District Attorney’s Driving Under the Influence - DUI - case against you. There is a presumption that you were “driving a motor vehicle” under the influence of alcohol if your blood alcohol content is .08 or higher. There is a possibility of refuting that presumption, but in our experience, it is very difficult to overcome that presumption. The cops and Morgan County District Attorneys will make an example of your driving behavior to point to the fact that you were driving under the influence. Driving near the middle of the road, speeding, or failing to turn on your lights will all be used against you, and used as evidence of a DUI.
Driving While Ability Impaired (DWAI)
Much like the requirements for charging someone with a DUI, Driving While Ability Impaired (DWAI) is also charged based on a person's blood alcohol content. If a person is operating a motor vehicle and their BAC is above .05 but less than .08, DWAI will be charged. It is a lesser charge than DUI because the level of impairment is viewed as lesser.
Roadside Tests: Just Say No
If you are stopped by a peace officer in Weld County, remember that voluntary roadside tests are just that - voluntary. Sheriff Department Deputies make them sound like they are mandatory, or make you feel that you will be in more trouble if you do not take them. The field sobriety test or breathalyzer test are what the officers use to determine whether or not to arrest a person. It is in your best interest to not participate in any of these voluntary tests. Giving the police as little evidence to work with as possible is your best option. You do not have to take any sort of test from police unless you are arrested.