Denver DUI Attorney
What is an experienced Denver DUI attorney
An experienced DUI attorney is not one that has handled “thousands” of case, an experienced DUI attorney is not an attorney that has been in practice for “decades” or even millennium. An experienced DUI attorney has tried DUI cases to juries , has filed motions contesting stops and rules, has argued in front of the judge for exclusion of evidence, and has presented post-conviction issues to a court. Most importantly, an experienced DUI attorney is one that will LISTEN TO YOU.
A long drawn out legal battle may or may not be for you. You may be better served with a well negated plea deal. That may not always be the case, the police may have violated your rights during the traffic stop, you may have been illegally detained, and you may just want to exercise your given right to a jury trial.
Whatever your circumstance is, an experienced DUI Attorney will be able to talk to you about your case and your concerns. If you or a loved one are arrested for a DUI or DWAI – complete this CONTACT US PAGE or cal (303) 747-4686 to talk about your case TODAY. See how an individual approach by a DUI attorney can show dedication to your DUI defense in both of the court case and DMV action. You need someone to answer your questions and limit some of the stress and worries that you and your family go through when accused of a Colorado DUI.
We offer representation as a Denver DUI attorney that serves people accused of DUI alcohol cases and DUI drugs cases. This post seeks to give general information into DUI laws in Colorado and potential punishments.
Colorado prohibits driving under the influence of alcohol, drugs, or both (commonly referred to DUI) or while the ability to operate a vehicle is impaired by alcohol, drugs or both (commonly referred to DWAI). Almost everyone knows that driving with a BAC of over a .08 is illegally or that .08 is the legal limit for driving and alcohol consumption But did you know that in Colorado, you can be charged with a DUI if your BAC is below a .08? A charge is not a conviction, you must critically look at the evidence against you in any DUI case. Denver DUI attorneys know that it is the government’s job to prove a person was under the influence of the alleged substance or alcohol at the time of driving or that the alcohol or drugs impaired his/her ability to operate the car.
Denver DUI attorneys know that most people accused or a DUI feel like they, not the government, must prove their innocence. This is not the case. In a criminal case, the government must show that you were impaired, you do not have to show that you were not impaired. The following is intended to be a brief overview of the law on Colorado DUI and Colorado DWAI and it does not discuss specific defenses that may be available to you based on your case facts. ALCOHOL DUI/DWAI.
In Colorado you can be charged with TWO separate misdemeanor DUI charges (although you will only be punished one time).
The first is commonly referred as the impairment statute. The government must prove that alcohol impaired your ability to such a degree that you could not drive as you normally would. Most Colorado DUI attorneys know that Blood Alcohol Content (BAC), measured in a person’s blood or breath, play an important role in alcohol DUI and DWAI prosecutions. The government can rely on the following presumption in a DUI case “If a BAC is above a .08 within two hours of driving, it could be presumed that the person was under the influence of alcohol.”
The second is called the “per se” DUI charge. For this charge, the prosecution must prove that you drove with a Blood Alcohol Level of over a .08 or higher. Meaning, if your BAC is above a .08 at the time of driving, you are guilty of DUI, regardless of your driving or performance on standardized field sobriety tests. This is why the type of chemical test, blood or breath, and the way in which it is administered is very important. You need a skilled Denver DUI attorney to make sure that the test, testing machine, testing ways, and protocols are followed. Drug DUI or DWAI.
You can be charged with Driving Under the Influence of a controlled substance. This can included both illegal narcotics and/or legally prescribed drugs. It is not a defense to the charges that you had a valid prescription for the substance. Drug DUI prosecution could include any substance that impacts your ability to drive a motor vehicle. A Denver DUI attorney knows how to defend against various DUI drug cases.
|Offense||Range of jail time||Range of fines||Potential Community Service hours|
|1st DWAI||2 days to 180 days||$200-$500||24-48 hours|
|1st DUI (BAC below .2)||5 days to 1 year||$600 – $1,000||48-96 hours|
|1st DUI (BAC at or above .2)||10 days to 1 year||$600 – $1,000||48-96 hours|
|DUI with a prior conviction||10 days to 1 year||$600 – $1,000||48-120 hours|
|DUI with two or more prior convictions||60 days to 1 year||$600 – $1,500||48-120 hours|
|4th DUI within a lifetime||Class 4 Felony, up to 8 years in prison|
NEW: As of AUGUST 4, 2015 in COLORADO a fourth or more DUI or DWAI or any combination is a class 4 FELONY. You may, in addition to the penalties below face prison time. In addition to the above, there are other punishments that could be imposed and most times are imposed. This could include extra fees, court costs, licenses suspension, and penalties associated with probationary terms and conditions. You would be placed on probation and have to comply with sobriety terms and testing terms for both alcohol and drugs.
Blood alcohol content, manner of driving, performance on any field sobriety tests can be used as factors in aggravation for prosecutors to ask for more time, fines, and/or community service hours. You need a skilled Denver DUI attorney to fight for you and cut any potential penalties that you may face. If you have been arrested for DUI or DWAI, you need representation by a Denver DUI attorney to protect your rights and defend the allegations. One that has the experience and knowledge needed to negotiate with prosecutors, help you avoid further legal difficulties, and fight for your rights and liberties.
A Denver DUI attorney can give a candid assessment of your ability to challenge the stop in its entirety. Contact us today to schedule a free consultation with a Denver DUI attorney or call (303) 747-4686.