DWAI or DUI in a School Zone: What You Need to Know
Colorado has two separate offenses related to drugged and drunk driving under CRS 42-4-1301: driving while ability impaired (DWAI) and driving under the influence (DUI). A DWAI is a lesser charge than a DUI, both are criminal offenses that can result in jail time even for a first offense. With subsequent offenses, the criminal consequences become more severe, as do the administrative consequences through the Colorado DMV. Facing charges for a DWAI or DUI is something you must take seriously no matter what the circumstances around the arrest might be, and charges need to be taken even more seriously if your offense occurred in a school zone.
Under CRS 42-4-615, any offense committed in a school zone “is subject to increased penalties and surcharges.” Our DUI defense attorneys in Denver and Brighton can provide you with more of the information you need to know, and we can speak with you today about building a defense for your case.
What is a School Zone?
Under Colorado law, a school zone is defined as “an area that is designated as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled.” School zones have lower speed limits at certain times of the day, and they are demarcated clearly through signage.
The only time the school zone enhancement will not apply to a person’s case is in a situation where the “violation also occurred within a highway maintenance, repair, or construction zone” such that the consequences of the offense have already been increased.
Increased Penalties for a DWAI or DUI in a School Zone
If you are arrested for a DWAI or DUI in a school zone in either the Denver or Brighton area, you will likely be facing increased penalties according to the statute. Accordingly, it is more important than ever to begin working with a DUI defense attorney in Colorado quickly.
Defending Against a DWAI or DUI in a School Zone
Defense strategies for charges that involve drunk or drugged driving in a school zone can vary depending on the specific circumstances of the case. Common defense strategies include but are not limited to:
- You were not actually intoxicated or impaired, and the field sobriety test, breathalyzer, or other chemical test was incorrect for a specific reason such as defective test or improperly collected results;
- Your constitutional rights were violated prior to or during your arrest, such as a failure to advise you of your Miranda rights; or
- You were not actually in a school zone.
Contact a Denver DUI Defense Lawyer for Assistance with Your Case
Are you currently facing DWAI or DUI charges after being arrested for impaired driving in a school zone? A DWAI or DUI is serious enough on its own, but any case involving an offense in a school zone needs to be taken extremely seriously, as we discussed above. Depending on your circumstances, there may be one or more strong defense options available to you, and one of the experienced Denver DWAI and DUI defense lawyers at DeChant Law can begin working with you on your case today.
Sources:
law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-6/section-42-4-615/
