Frequently Asked Questions

  • What's the difference between a DUI and a DWAI in Colorado?

    A DUI requires proof that a driver is substantially incapable of safely operating a vehicle, typically at 0.08% BAC or higher. DWAI alleges impairment to the slightest degree and has a lower legal threshold. Both carry significant penalties, but DWAI is sometimes viewed as a lesser charge with different sentencing possibilities.

  • How does chemical testing work in DUID cases?

    DUID cases often rely on blood or urine tests to detect marijuana, prescription medication, or other controlled substances rather than breath tests. Testing procedures and officer observations form the basis of these charges. At Dillon Alfrey Law, we review testing methods and investigation protocols to identify potential weaknesses in the evidence.

  • What penalties do repeat DUI offenders face in Colorado?

    Repeat DUI offenses carry significantly enhanced penalties including longer license suspensions, higher fines, and increased jail exposure. Prosecutors often pursue aggressive penalties in these cases. Strategic legal advocacy can sometimes lead to reduced penalties or alternative sentencing options depending on the circumstances and mitigating factors.

  • How long do I have to request a DMV hearing after a DUI arrest?

    Drivers typically have a limited time to request a DMV hearing to challenge a license suspension following a DUI arrest in Colorado. DMV administrative actions run separately from criminal court proceedings. Early action is critical to protect driving privileges, and representation during these hearings can significantly impact the outcome.

  • What makes vehicular assault a felony charge in Colorado?

    Vehicular assault charges arise when a driver is accused of causing serious bodily injury while driving recklessly or under the influence. These cases are prosecuted as felony offenses with severe legal consequences. A strong defense examines accident reconstruction evidence, witness statements, and investigative procedures to challenge the prosecution's narrative.

  • Can field sobriety tests be challenged in a DUI case?

    Yes, field sobriety testing procedures can be analyzed for inconsistencies or procedural errors. The legality of the initial traffic stop and the reliability of testing methods are often key defense points. At Dillon Alfrey Law, we scrutinize every aspect of the arrest to identify weaknesses in the prosecution's evidence.

  • What's the biggest mistake people make after a DUI arrest?

    Many people delay seeking legal representation, which can limit their options for challenging evidence or protecting driving privileges. Early legal intervention is crucial for both criminal court and DMV administrative processes. Waiting too long can result in missed deadlines and reduced opportunities for a favorable outcome.

  • How are vehicular homicide cases investigated in Colorado?

    Vehicular homicide cases involve detailed accident investigations, toxicology reports, and law enforcement procedures. These are among the most serious vehicular crime charges under Colorado law. The defense often works with experts to evaluate evidence and ensure the client's constitutional rights are protected throughout the legal process.

  • Do prescription medications lead to DUID charges in Colorado?

    Yes, DUID charges can involve allegations of impairment by prescription medication, not just illegal drugs or marijuana. These cases often rely on chemical testing and officer observations. Drug-related DUI cases involve complex scientific and legal issues that require experienced legal analysis to challenge questionable evidence.

  • What does ignition interlock mean after a DUI conviction?

    Ignition interlock is a device installed in a vehicle that requires the driver to pass a breath test before starting the engine. It's often required as part of license reinstatement following a DUI conviction in Colorado. Dillon Alfrey Law assists clients with understanding ignition interlock obligations and other DMV reinstatement requirements.

  • Can traffic offenses lead to criminal penalties in Denver?

    Yes, serious traffic offenses such as reckless driving or excessive speeding can carry criminal penalties in Colorado. Some violations are closely related to DUI investigations or arise during the same incident. Strategic defense can sometimes reduce charges or minimize long-term consequences depending on the circumstances.

  • Why does prosecutorial experience matter in DUI defense?

    Attorneys with prosecutorial experience understand how the state builds and pursues DUI cases, which provides valuable insight into potential defense strategies. Former Chief Deputy District Attorneys William Dillon and Curt Alfrey use over 60 years of legal experience to identify weaknesses in prosecution evidence and advocate effectively for clients in Colorado courts.