DWAI/DUI plea bargain reduction

Colorado law requires the DA to state that they cannot prove an alcohol-related driving offense, beyond a reasonable doubt, to the court. That, combined with elected DA's not wanting to appear soft on DUIs, make the likelihood of a defendant obtaining a better plea bargain than what you have mentioned. I believe that it is very unlikely to do better that the DWAI plea without a qualified DUI defense attorney to really explore potential issues to develop. Perhaps you should contact another attorney or two. I'd be happy to discuss your case if you like. Best of luck to you. John Buckley www.buckleycriminallaw.com

You are correct: There are variables in each situation which can impact plea negotiations with the prosecutors I urge you to hire an attorney who is dedicated to defending individuals against DUI charges. That being the case, it's wise not to rely on a specific outcome occurring based on your research alone. One of the factors that may impact your case of course, is your blood or breath alcohol content, as well as certain other facts surrounding your DUI arrest. One of the favorable aspects of your situation is a clean record which a lawyer can help emphasize. Just because you have been charged with a DUI doesn't necessarily mean that the prosecution can prove it beyond a reasonable doubt to a jury. A dedicated DUI attorney can develop ways to challenge the pieces of evidence that the prosecution is relying on to file charges against you. I urge you to hire a lawyer who is dedicated to representing people charged with DUIs.

Without seeing the actual police reports we cannot say if the stop was constitutional or statutorily proper and in compliance with the Constitutions and the apoplicable statutes. Just because the police say you were pulled over for a DUI does not make it so in law. This forum is not designed or intended to help you do your own case (DO-IT-Yourself) but rather to assist you in evaluating the competence and expertise of an attorney in order to retain an attorney to do the legal work for you. To become an attorney one has to invested tens of thousand of hours of study and gain expereince. That is an investment like any other. Would you give away your services, knowledge and skills for free?. If no (if you are honest) then do not expect the legal community to give its knowledge, expertise for free. Your first error is you are presuming that the officer is right and his or her actions in making contact with you is legal and comports with the constitution and statutes. If you have no undestanding of how the criminal justice system works you cannot be taught on how to do it in a few paragraphs or in a few moments. Further, without knowing your BAC and whether the results are legally valid it does not necessarily mean you will get a DWAI. If the stop is unlawful then all of the evidence is suppressed and in that case you do not have either a DUI or a DWAI. This is where is attorney comes in to evalute the lawfulness or legality of the stop. You cannot expect the attorney to tell you that before you have retained him or her. So, the question you have to ask yourself, is it better to accept a DWAI conviction (permanently on your criminal record which you cannot seal that record) or being able to get the DUI and the DWAI charges dismissed, if possible. Best of Luck