Receiving a traffic ticket for speeding may not be a problem for the average driver, but tickets minor as speeding to as serious as DUI have different penalties associated with them. And if you have had tickets in the past, you should be aware of your license status before you simply pay the ticket or go to court and accept a deal offered by the district attorney. Sometimes it isn't the consequences in court that are the most devastating, it's the actions of the department of motor vehicles in suspending your license after you have entered a plea. The district attorney won't tell you what effect your plea will have on your ability to drive your car. Make sure that you know before you take a deal.

Read more: Traffic Offenses: Why you need an attorney

If an officer stops you on suspicion of drunk driving, they will ask you questions aimed at getting admissions of drinking from you. Initially during the traffic stop, the officer may ask if you had anything to drink during the evening. The most common response is either two or three drinks. This only confirms for the officer that you have been drinking. Next they will ask you to perform VOLUNTARY roadside sobriety tests. These tests range from the Nystagmus Test (having your eyes follow an object placed 12 to 16 inches from your face) to the One Leg Stand to the Walk and Turn. Each test is designed to gather evidence to be used against you in a case. In general, if you have been asked to perform these tests, the police officer has already decided he or she believes that you have been driving under the influence. Once you are arrested, you are given the choice between a blood or a breath test. In the State of Colorado, if your BAC (Blood Alcohol Content) is above .05 to .079, you are considered to be Driving While Ability Impaired (DWAI). If your BAC is .08 or above, you are considered to be Driving Under the Influence (DUI).

If you are charged with DUI or DWAI, the penalties can be severe. DUI carries a maximum sentence of up to one year in jail, a fine of up to $1,000, a mandatory alcohol evaluation and treatment, and up to 96 hours of Useful Public Service. This is for a first offense. If you have been convicted of DUI previously, the sentence can be much more significant. DWAI carries a maximum sentence of 180 days of jail, a fine up to $500, a mandatory alcohol evaluation and treatment, and up to 48 hours of Useful Public Service. Again, this is for a first offense. But it doesn’t end there. Your license can be affected as well. DUI is a 12-point violation and DWAI is an 8-point violation. For DUI, the department automatically begins a process of revoking your license for testing above the .08 BAC limitation. Revocation is nearly automatic, but then if you are later convicted of the DUI as well, they will revoke it again for having too many points.

Understanding The System will help you through the process. With regard to the initial roadside sobriety tests, each test also has specific criteria associated with it that can be used in your defense. If your BAC level is above the legal limit, the testing of your breath or blood also needs to be evaluated to ensure that proper procedures were followed by the police and that the equipment used was working correctly. Every step from the moment the officer turned on his overhead lights to the possibility of a jury trial needs to be evaluated by an attorney with experience in these matters. The point is that you need someone who will work for you to make sure that your rights are protected. You need someone who understands the methods used by police and will fight for you. Getting a lawyer who understands The System is crucial once you have been charged. Contact the Law Firm of Jaray & Webster right away.

What should you do if contacted by a law enforcement officer?

1. Be polite. Officers are only doing their jobs and being impolite only adds to the evidence against you.
2. Have your license, registration and insurance information easily accessible.
3. Only answer questions regarding basic identifying information, such as your name, age and address.
4. Speak as little as possible. Everything you say will be written down and used against you later on. Only provide identifying information to law enforcement.
5. Politely decline to answer questions about why you were pulled over or what you were doing.
6. If you are arrested, ask for an attorney immediately. This will stop any further questioning by police.

Avoiding a DUI

The best way to avoid getting a DUI is to avoid being intoxicated while driving. At the Law Firm of Jaray & Webster, we believe that being aware of your alcohol level when you are drinking will not only save you money, but will possibly save your life and that of others. That’s why we suggest that having a portable breath testing unit with you when you have been drinking is a valuable investment. They are inexpensive when you consider that the average cost of a DUI is approximately $5,000 for a first time offense. Please see the links listed below to find more information on obtaining a portable breath testing unit. Not only can it save you money, but it can be a fun way to ensure the safety of you and your friends.

• http://www.breathalyzer.net
• www.alcotester.com

Representing People Charged with Crimes Throughout El Paso County, Teller County, Fremont County and Pueblo County

Whether you have been charged with Speeding, Driving Under the Influence, Domestic Violence or a felony offense, there are several important things to know. When you get stopped or approached by police, they are not on your side and their questions are not intended to clear you of any criminal conduct. Police are trained to gather evidence and from the moment you are stopped, that is what they are doing. It takes an experienced criminal defense attorney to recognize if law enforcement has violated your rights. You need an experienced criminal defense lawyer to protect your rights and ensure that your are protected.

At the Law Firm of Jaray & Webster, LLC, our lawyers aggressively represent individuals who have been charged with felony and misdemeanor crimes, as well as traffic offenses such as DUI or DWAI, speeding, and reckless driving. We understand the consequences of a conviction for a serious crime or traffic violation, including fines, increased insurance premiums, driving restrictions, and potential prison or jail time.