Best DUI & DWI Lawyers in Cali

About DUI & DWI Law in Cali, Colombia

DUI and DWI refer to driving under the influence and driving while intoxicated, which are serious offenses in Cali, Colombia. The local authorities take these offenses seriously due to their role in road accidents and public safety issues. In Cali, as in the rest of Colombia, both alcohol and controlled substances are targeted by the law. Even a small amount of alcohol or drugs in a driver’s system can lead to legal consequences. Understanding how local enforcement works is crucial to avoiding severe penalties and protecting your rights.

Why You May Need a Lawyer

Many individuals facing DUI or DWI charges in Cali might consider handling the process themselves, but legal support can be essential. Here are some common scenarios where seeking a lawyer is highly recommended:

• You have been stopped at a police checkpoint and asked to submit to a breathalyzer test.
• Your breath or blood alcohol content tested above the legal limit.
• You refused an alcohol or drug test and are facing consequences for noncompliance.
• You were involved in a traffic accident and are being investigated for impairment.
• Your license is at risk of suspension or revocation.
• You are facing criminal charges and penalties that could affect your employment or ability to travel.
• You believe your rights were not respected during the arrest or testing process.
• You want to understand your options and negotiate a reduced penalty.

A qualified lawyer can help protect your rights, ensure due process is followed, and improve your chances of a more favorable outcome.

Local Laws Overview

In Cali, DUI & DWI laws are governed by national Colombian traffic laws, specifically Law 1696 of 2013. Some key aspects include:

• The legal blood alcohol concentration (BAC) limit is 0.2 grams per liter. For commercial drivers and motorcycle riders, the tolerated BAC is even lower.
• The law establishes several “categories” of blood alcohol levels, with escalating penalties based on the amount detected.
• Testing is often performed at police checkpoints using breathalyzer devices. Refusal to take a test is treated as an admission of the highest level of impairment and may trigger the most severe penalties.
• Penalties can include immediate suspension of your driver’s license, hefty fines, community service, educational courses, and even vehicle immobilization.
• In cases where a DUI or DWI incident causes injury or death, criminal charges may be filed, and sentences can include imprisonment.
• The local transit authority in Cali, Secretaría de Movilidad de Cali, is responsible for enforcement and administrative processes.

It is important to note that DUI and DWI cases in Cali are closely monitored, and there are few opportunities to avoid both legal and administrative penalties without expert legal intervention.

Frequently Asked Questions

What is the legal BAC limit in Cali, Colombia?

The legal blood alcohol content (BAC) limit is 0.2 grams per liter for most drivers, and zero tolerance applies to commercial drivers and motorcyclists.

What happens if I refuse to take a breathalyzer test?

Refusing to take the test is considered an automatic admission of the highest category of intoxication and results in the harshest penalties, including immediate suspension of your license and maximum fines.

Can I lose my driver’s license for a first offense?

Yes, the law permits suspension of your driver’s license even for a first offense. The duration depends on your BAC level and whether any aggravating circumstances are present.

Are there criminal consequences for DUI or DWI?

If your DUI or DWI leads to injury or death, criminal charges are very likely and can include prison sentences.

Can I reduce my penalty with legal help?

A lawyer may help negotiate a reduced penalty, especially if there were issues with how your case was handled or if you are eligible for alternative sanctions such as community service.

What fines can I expect for a DUI offense?

Fines vary based on the alcohol level detected but can range from several hundred thousand to over ten million Colombian pesos. Vehicle immobilization and community service are commonly imposed.

Can tourists or foreigners be charged with DUI in Cali?

Yes, all drivers in Colombia, including tourists and foreign residents, must comply with the same laws and are subject to the same penalties.

Will my DUI conviction in Colombia affect my record in my home country?

This depends on the laws and data sharing agreements between Colombia and your home country. Convictions may be disclosed during background checks or legal proceedings.

How long do DUI penalties stay on my record?

Administrative penalties generally remain on your Colombian driving record for years, possibly affecting future legal processes or reinstatement of your license.

Can I challenge the results of an alcohol or drug test?

Yes, a lawyer can help challenge the procedures, calibration of devices, or the legality of police conduct during your stop or testing.

Additional Resources

• Secretaría de Movilidad de Cali - The city’s transport authority responsible for enforcement and legal processes related to DUI & DWI.
• Fiscalía General de la Nación - The national prosecution authority that may handle criminal cases involving injury or death from DUI incidents.
• Instituto Nacional de Medicina Legal y Ciencias Forenses - Provides forensic analysis in cases involving substance use.
• Local law firms and legal aid organizations specializing in traffic law and criminal defense.
• Educational campaigns from Colombian government agencies focused on road safety and substance abuse prevention.

These resources can offer further guidance, documentation, and, in some cases, free legal orientation.

Next Steps

If you have been charged with DUI or DWI in Cali, Colombia, it is essential to act quickly to protect your rights. Here’s how you should proceed:

• Gather all relevant documents related to your case, including police reports, test results, and any summons received.
• Do not admit guilt or pay any fines without first consulting with a lawyer, as you may have options for defense or negotiation.
• Contact a reputable local attorney who specializes in traffic or criminal law. They can assess your case and represent your interests during administrative or criminal proceedings.
• Attend all required hearings and comply with temporary measures, such as license suspension or vehicle immobilization, to avoid additional penalties.
• Consider seeking support from legal aid organizations if you cannot afford private legal representation.

Prompt action and professional legal advice are the best ways to handle DUI & DWI charges and mitigate their impact on your future.