McCabe Law

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McCabe Law Our Boulder criminal defense attorneys are dedicated to defending individuals facing criminal charges.

With deep knowledge of criminal law and procedure, our team is skilled in the courtroom and committed to protecting your legal rights.

10/16/2026

What are the typical penalties for DUI, DWI, and DWAI?

McCabe Law explains what a person generally faces in a first offense that is not highly aggravated, meaning no accident and no extremely high BAC.

In that situation, a prosecutor will likely offer a downgrade from a DUI to a DWAI.

A judge will typically impose a year of probation. As a condition, you will need to complete Level 2 Track B classes at a minimum, which include a class and therapy component. Much of the expense of a DUI comes from these classes.

Community service is also required. A DWAI carries a minimum of 12 hours, while a DUI carries a minimum of 24 hours and can go up to 96. A DUI also carries 12 points.

For both offenses, you must attend a Mothers Against Drunk Driving Victim Impact panel, and there are administrative consequences to your license as well.

Understanding the typical penalties for DUI, DWI, and DWAI can help you know what to expect.

McCabe Law is a Boulder, Colorado criminal defense firm led by founder Janene McCabe, who has more than 25 years of experience and over 100 jury trials. The firm represents adults and juveniles across Colorado, including in DUI cases.

If you have been charged with DUI in Colorado, contact McCabe Law for guidance built around your circumstances. Visit mccabe-law.net.

This is general information only and not legal advice for any specific case.

10/15/2026

What is the difference between DUI, DWI, and DWAI?

McCabe Law breaks down the three offenses people often confuse.

The first is DUI, or driving under the influence. This is driving when your ability to operate a vehicle is substantially impaired by alcohol, drugs, or both. Substantial impairment is the key term.

The second is DUI per se, which is by far the more common type. Substantial impairment does not matter here. What matters is whether a blood or breath test shows a BAC higher than 0.08.

The third is DWAI, or driving while ability impaired. This is the lesser offense, where a person is impaired to the slightest degree. Technically the BAC line is 0.05, but most cases turn on whether the person seemed impaired at the time.

DWAI carries fewer community service hours and lower fines, but the penalty is otherwise basically the same as a DUI. The main differences are the points and the fines.

Knowing the difference between DUI, DWI, and DWAI can help you understand what a charge actually means.

McCabe Law is a Boulder, Colorado criminal defense law firm led by founder Janene McCabe, who has more than 25 years of experience and over 100 jury trials. The firm represents adults and juveniles across Colorado, including in DUI cases.

If you have been charged with DUI in Colorado, contact McCabe Law for guidance built around your circumstances. Visit mccabe-law.net.

This is general information only and not legal advice for any specific case.

What is the difference between murder, manslaughter, and criminally negligent homicide in Colorado?The key difference of...
10/13/2026

What is the difference between murder, manslaughter, and criminally negligent homicide in Colorado?

The key difference often begins with what the prosecution says the person intended, knew, recognized, or failed to recognize.

First-degree murder can include causing death intentionally and after deliberation. “After deliberation” involves reflection and judgment, not a hasty or impulsive act.

Second-degree murder includes knowingly causing another person’s death. Colorado’s current felony-murder provision is also located within second-degree murder.

Manslaughter includes recklessly causing another person’s death. Recklessness generally involves consciously disregarding a substantial and unjustifiable risk.

Criminally negligent homicide involves causing a death through criminal negligence. The issue is whether the person failed to perceive a substantial and unjustifiable risk.

Understanding the difference between murder and manslaughter in Colorado matters because the required mental state affects the charge, classification, potential sentence, evidence, and defense strategy.

A label does not decide the case. The evidence does.

McCabe Law is a Boulder, Colorado criminal defense law firm led by founder Janene McCabe, with more than 25 years of experience and over 100 jury trials, representing adults and juveniles across Colorado in serious criminal matters, including homicide cases.

If your freedom and future are at risk, contact McCabe Law for experienced legal representation. Visit mccabe-law.net.

General information only. Current law and offense dates matter.

Can someone be charged with assault without causing serious injuries?The seriousness of an injury is only one factor in ...
10/12/2026

Can someone be charged with assault without causing serious injuries?

The seriousness of an injury is only one factor in an assault investigation.

Police review witness statements. Medical records may be examined. Video footage can become important evidence.

The circumstances leading up to the incident matter too, and Colorado law recognizes different levels of assault offenses.

Being charged with assault without serious injuries is possible, because the specific facts determine how an assault case is evaluated.

McCabe Law is a Boulder, Colorado criminal defense law firm led by founder Janene McCabe, with more than 25 years of experience and over 100 jury trials, representing adults and juveniles across Colorado in serious criminal matters, including assault cases.

Charged with assault? Contact McCabe Law for experienced criminal defense representation. Visit mccabe-law.net.

General information only. Every case is different.

10/09/2026

What are the most common breathalyzer misconceptions?

McCabe Law shares two that come up often in DUI cases.

First, many people do not know that a DUI can involve prescription medications. Our firm has represented clients charged after driving on medications like Ambien. DUI is a strict liability offense, so intent does not change the charge, even when the person did nothing intentionally wrong.

Second, there is the choice between a breath test and a blood test. In our experience, a breath test shows alcohol only, while a blood test can show far more, including THC and medications. Regular cannabis users may have THC in their blood even when they are not impaired.

Some people also worry about DUI charges linked to ADHD medications. It may sound unlikely, but it does happen.

Understanding these breathalyzer misconceptions can help explain why every DUI case depends on its own facts.

McCabe Law is a Boulder, Colorado criminal defense law firm led by founder Janene McCabe, who has more than 25 years of experience and over 100 jury trials. The firm represents adults and juveniles across Colorado, including in DUI cases.

If you have been charged with DUI in Colorado, contact McCabe Law for guidance built around your circumstances.
Visit mccabe-law.net.

This is general information only and not legal advice for any specific case.

10/08/2026

What medical conditions can impact a breathalyzer reading?

In theory, a number of things a person consumes can cause problems on a breath test. But most of what would show up on a breath test is seriously harmful, and anyone testing positive for something like methyl alcohol needs a hospital, not a courtroom.

Medical conditions are where the bigger issues come up.

Some people with GERD can produce higher-level alcohols in the body. Those are what a test may pick up, even though they do not necessarily mean the person is impaired.

People with diabetes can also have breath that smells a little boozy. This is a well-known issue for law enforcement, since blood sugar problems can also cause someone to act strangely.

Understanding medical conditions that affect breathalyzer readings helps explain why a test result is not always the full story.

McCabe Law is a Boulder, Colorado criminal defense firm led by founder Janene McCabe, with more than 25 years of experience and over 100 jury trials, representing adults and juveniles across Colorado, including in DUI cases.

If you have been charged with DUI in Colorado, contact McCabe Law for guidance built around your circumstances. Visit mccabe-law.net.

This is general information only and not legal advice for any specific case.

Team events at Coors Field are always a good time to enjoy, unwind, and rejuvenate!
10/06/2026

Team events at Coors Field are always a good time to enjoy, unwind, and rejuvenate!

Why should you avoid contacting someone who has made a sexual assault allegation?A message intended to explain or apolog...
10/06/2026

Why should you avoid contacting someone who has made a sexual assault allegation?

A message intended to explain or apologize can create new evidence or additional legal problems.

Contact can be misunderstood. Even a calm message may be viewed as pressure, intimidation, retaliation, or an attempt to influence what someone says.

A court order may also prohibit communication. Direct messages, calls, in-person contact, or messages sent through someone else may violate the order.

The safest response is preservation, not persuasion. Keep existing communications intact, do not create new ones, and let defense counsel address the allegation through lawful channels.

Do not try to fix a criminal investigation privately.

McCabe Law is a Boulder, Colorado criminal defense firm led by founder Janene McCabe, with more than 25 years of experience and over 100 jury trials, representing adults and juveniles across Colorado in serious criminal matters, including sexual assault cases.

Facing a sexual assault investigation or charge? Contact McCabe Law to understand your rights and legal options. Visit mccabe-law.net.

General information only. The written court order controls.

How does a criminal defense team collaborate behind the scenes?A strong defense can benefit from different perspectives,...
10/05/2026

How does a criminal defense team collaborate behind the scenes?

A strong defense can benefit from different perspectives, skills, and careful coordination.

The case is organized. Court notices, discovery, deadlines, evidence, and client communications must be tracked so important details are not lost.

The evidence is tested. Attorneys can compare interpretations, identify missing information, and challenge assumptions in the prosecution's theory.

Legal issues are researched and written. Motions, constitutional questions, appellate issues, and trial arguments require focused analysis and clear legal writing.

Through all of it, the client's goals remain central. Criminal defense team collaboration should support a strategy built around the individual client, not replace their voice in the process.

Different strengths can serve one focused defense.

McCabe Law is a Boulder, Colorado criminal defense firm led by founder Janene McCabe, with more than 25 years of experience and over 100 jury trials, representing adults and juveniles across Colorado in serious criminal matters.

If you are facing criminal charges in Colorado, contact McCabe Law for clear guidance and a defense strategy built around your circumstances. Visit mccabe-law.net.

This is general information only and not legal advice for any specific case.

Enjoyed the annual Korey Wise Innocence Project Gala. A wonderful event for a good cause.
10/04/2026

Enjoyed the annual Korey Wise Innocence Project Gala. A wonderful event for a good cause.

Address

1919 14th Street, Suite 700
Boulder, CO
80302

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm
Saturday 9am - 5pm

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+17209962422

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