If you were charged with drunk driving in a school zone, you may be facing significant consequences. Many crimes carry harsher penalties when they are committed in a school zone. You need an experienced DUI defense attorney to represent you and improve your case outcomes.
Here’s what you need to know about charges for drunk driving in a school zone.
How Does Colorado Handle Drunk Driving in a School Zone?
Under Colorado Revised Statutes § 42-4-615, anyone charged with a moving traffic violation in a school zone may face increased penalties. This is true whether you were speeding in a school zone or driving under the influence of drugs and alcohol.
If you were recently charged with drunk driving in a school zone, a conviction will likely come with steep penalties. You could be looking at:
- Higher fines
- Jail time
- Longer suspension of license
- Longer interlock device mandates
- Longer probation
Safety is of the utmost importance in school zones. Students may be crossing the street or playing outside at any time of day. Reckless driving in a school zone could quickly lead to pedestrian accidents and serious injuries.
Defining a School Zone in Colorado
School zones are designated areas where signage indicates a lower speed limit. Signs may dictate specific times of day when the lower speed limit is to be followed. They always clearly say “SCHOOL” to indicate that the change in speed limit is due to a school zone.
Signs are posted at the beginning and end of a school zone, indicating the limits of the zone. If an officer witnessed your reckless driving in this area, even if they did not pull you over until after the school zone ended, they may charge you with drunk driving in a school zone.
Defense Strategies for Colorado DUI/DWAI in a School Zone
A seasoned defense attorney can use several strategies to counter drunk driving charges or potentially lessen the penalty. These are a few possible defense strategies:
- Inaccurate alcohol test: The breathalyzer or blood test conducted to determine BAC levels may have been inaccurate, or you may have set off the test for another reason, such as having ketones on your breath.
- Rising blood alcohol: Perhaps BAC levels increased from the time you were stopped until you completed a blood test at the police station.
- Not in a school zone: Maybe the officer did not actually witness you driving in a school zone but assumed you did based on your location during the traffic stop.
- Driving not impaired: You may have had a high BAC during the traffic stop, but if your driving was not impaired, you may face lesser penalties.
- Not read your Miranda rights: Under national laws, if an officer does not read you your Miranda rights during an arrest, any statements you make afterward generally cannot be used against you in court under national law.
Churchill Criminal Defense Is Here for You
Facing charges of drunk driving in a school zone can be scary, but Churchill DUI Defense is here to help. Contact us today to request a free consultation.