Office Location 401 Main Street, Suite 1
Longmont, Colorado 80501
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Home / Criminal Defense / DUI / DWAI

Longmont Attorneys Represent Clients in DUI and DWAI Cases

Established Colorado law firm defends those accused of driving under the influence

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.

Understanding DWAI and DUI law in Northern Colorado

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.

Penalties associated with DWAI and DUI charges

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.

Other consequences of DUI or DWAI

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.

Trust our dedicated legal team to fight for you in Boulder County DWAI and DUI cases

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 303.569.6513 or contact us online

Attorney photo John C. Flanders partner

John was a two sport athlete at Stanford University, graduating in 1967. He graduated from the University of Colorado School of Law in 1970 and has practiced law in his hometown of Longmont for more than 40 years.

Attorney photo R. Lee Elsberg partner

Lee's work at his dad's furniture store instilled in him a desire to help small-business owners, which he has been doing in Longmont for more than 30 years...

Attorney photo Mark A. Herber partner

Licensed in CO, OK and TX, Mark litigates across several areas of the law, notably representing businesses in suits against local, state and federal government entities....

Attorney photo Scott W. Dunn partner

Scott began his legal career as a lieutenant in the U.S. Navy Judge Advocate General's Corps, primarily serving as defense counsel in courts martial. He is active in numerous civic...

Attorney photo Elizabeth A. Raba associate

After distinguishing herself as a student at the University of Colorado Law School, Liz clerked at the Boulder District Court, then built a thriving family law...

Attorney photo Crystal M. Mitchell associate

As a senior associate, Crystal has authored several publications on real estate law, construction and litigation for the National Business Institute, which the Colorado Bar. ..

Attorney photo Theodore J. Finn associate

A lifetime Longmont resident, Ted primarily practices family law and personal injury. A skilled litigator, Ted personally manages all components: initial investigation, evaluation, motions, discovery, mediation and trial.

Attorney photo Elizabeth A. Montague associate

Since joining the firm in 2004, Beth has focused her practice on estate and trust planning, probate administration, taxation, business planning and real estate.

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