DUI-Driving Under the Influence
A DUI charge in the State of Colorado is unique from any other state. Specifically, Colorado has both a DUI and DUI "PER SE" Statutory Violation. A DUI is a subjective standard of driving under the influence of alcohol and the statute reads "Driving under the influence" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Essentially, it means that you drove a motor vehicle in the State of Colorado such that your ability to safely operate the motor vehicle was substantially impaired. Colorado also has DUI Per Se. The "PER SE" is that you have a blood alcohol content in excess of 0.08. It is my belief that if a person is DUI, they’re most likely also DUI Per Se, but not always.
In addition, Colorado has an additional charge of DWAI, driving with ability impaired. This also has both a subjective and objective standard. The subjective standard is that you drove a motor vehicle in the State of Colorado while your ability to safely operate a motor vehicle was impaired even to the slightest degree. Whereas, the objective standard is that you drove a motor vehicle in the State of Colorado with a BAC of 0.05 or higher. Again, in most instances, if you are a DWAI, you will also be DWAI per se, but not always.
Nonetheless, when you are charged with a drinking and driving offense in the State of Colorado, it is important that you get legal representation immediately. A qualified DUI or DWAI lawyer can help you with both potential Department of Motor Vehicle ramifications as well as defending the case. Again, each client is different and each case is different. You must hire a qualified DUI/DWAI representative as soon as possible.
With respect to DUI and DWAI cases, The Barsness Law Firm, P.C., limits his practice to Garfield County Courts, which include Glenwood Springs and Rifle, as well as Pitkin County Court in Aspen, and Eagle County Court in El Jebel and Eagle, Colorado. While it is possible The Barsness Law Firm, P.C., would agree to represent somebody outside of these three county courts, he has not represented anybody on a DUI/DWAI matter outside of these courts for many years. What this means is that Mr. Barsness is very well versed in each of these individual Court’s practices and procedures. This allows Mr. Barsness to provide his clients with the absolute best service.