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You Need a Skilled DUI Attorney to Assist You in Colorado
Driving under the influence may seem like an easy case, but they are often very complicated. Alcohol and drug-related driving offenses include driving under the influence and driving while ability is impaired. If someone accuses you of impaired or drunk driving, you face serious penalties. This is especially true if you have prior drunk driving offenses.
A case like this can come with high fines, jail time, loss of driving privileges, and more. Contact our Aurora DUI Defense attorney if someone has charged you with an alcohol-related driving offense.
The Criminal Defense Lawyer at the Lawrence Law Firm is ready to help. Our Colorado DUI defense lawyer practices in Aurora. He regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.
Remembering that a DUI can involve other criminal offenses is important. If a defendant has a child in their vehicle, there could be a secondary charge of child abuse. The possession of a firearm can result in charges for the unlawful possession of a firearm. This is a second misdemeanor case and could result in additional jail, fines, and lose of the firearm.
What is the Legal Meaning of DUI in Colorado?
Driving under the influence is the operation of a motor vehicle while your ability to drive is impaired. A driver has to be substantially impaired. This can be from drugs, alcohol, or a combination of drugs and alcohol.
Operating a motor vehicle includes actually driving or being in actual physical control of the vehicle. Colorado law will presume you are substantially impaired if your blood alcohol content is greater than .08. Driving under the influence is an unclassified misdemeanor. Colorado law specifically defines drunk driving in the Colorado Revised Statutes defining Driving Under the Influence.
There is no mental state associated with a DUI charge. There are no affirmative defense that can be raised either. It is always important consider hiring a DUI lawyer to fully understand your options.
What to Do If You’ve Been Arrested For DUI
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Be polite and cooperative, but don’t volunteer extra information.
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Do not argue about testing — refusal can lead to additional penalties.
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Pay attention to everything that happens during the stop and arrest.
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Write down details as soon as possible — location, officer behavior, what was said.
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Contact a DUI defense attorney as soon as you’re released.
What to Do If You’ve Been Arrested For DUI
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Be polite and cooperative, but don’t volunteer extra information.
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Do not argue about testing — refusal can lead to additional penalties.
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Pay attention to everything that happens during the stop and arrest.
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Write down details as soon as possible — location, officer behavior, what was said.
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Contact a DUI defense attorney as soon as you’re released.
Types of Alcohol Charges in Colorado
DWAI – Driving While Ability Impaired
Driving while ability is impaired (DWAI) is the operation of a motor vehicle while your ability to drive is impaired. Colorado law says the impairment has to be to the slightest degree.
Drugs, alcohol, or a combination of both can cause the impairment. The law permits a jury to presume a defendant is impaired if their blood alcohol content is greater than .05. The Lawrence Law Firm provides aggressive representation to defendants facing charges of DUI or DWAI.
DUI With Prior Convictions
If you are charged with a DUI in Colorado, the court will determine if you have prior convictions. Prior conviction includes any alcohol related driving offenses. A prior offense can be any previous alcohol related driving offense from any state committed at any time in your life. If you have priors, the court is required to impose a mandatory jail sentence.
The mandatory jail sentence depends on the number of your priors. Additionally, a fourth DUI is upgraded to a felony charge in Colorado. A conviction with prior alcohol related driving offenses requires a skilled DUI attorney to ensure the best possible outcome.
You can read more about the penalties and mandatory sentences in our section dealing with DUI Offense Punishment. For information concerning possible punishment for other criminal offense, please see our Criminal Defense section.
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Driving Privileges – DMV After a DUI
In Colorado, a defendant charged with a DUI will also have a secondary case concerning their driver’s license. This case is handled through the DMV. This case is based off the result of any breathalyzer test or blood tests.
The Department of Motor Vehicles will revoke your license if you provide a blood or breath test. The test result must be above a .08 within 2 hours of driving.
You can challenge the revocation, but you only have seven days to request a hearing on the revocation. For mor information concerning the DMV process please see our DMV After a DUI section. If you have any other questions, contact our DUI Attorney for a free consultation.
If a license is revoked, it is possible to get early reinstatement. This process would require the defendant to get a ignition interlock device and special insurance. A court may also require a defendant to enroll in level 2 alcohol classes. Talk to a lawyer who knows about license suspension and revocation to learn what you can do.
Charged with a DUI?
DUID – Driving Under the Influence of Drugs
Driving under the influence includes driving under the influence of drugs. There is not a separate criminal statute for driving under the influence of drugs. This criminal offense falls under the same statute.
A Defendant charged with DUID can be under the influence of marijuana, legally prescribed medications, or illegal narcotics. Prosecutors will typically look to see if there are any medications in your system.
A skilled DUI attorney is need for a driving under the influence of drugs case. They will need to look at the drug involved. It is important to determine if the drug would impair a person’s ability to safely operate a motor vehicle. A drug expert may be needed to conduct research and opine on the drug.
DUI Involving Accidents
Driving under the influence can impair a person’s ability to safely operate a motor vehicle. It can also lead to motor vehicle accidents. These types of cases are always aggravated, and the prosecutor will treat them differently than a traffic stop DUI.
This type of charges will be filed as a felony vehicular assault if there are serious bodily injuries from the accident.
Punishment for a Colorado Alcohol Offense
A first alcohol driving offense can result in a fine of up to $1,000 or a jail sentence of up to 365 days. Instead of jail, a court may impose a probation sentence.
Probation requires the defendant to complete community service. They must also stay sober. Additionally, they need to attend alcohol classes and participate in a Mothers Against Drunk Driving panel.
A first offense with a blood alcohol concentration of .20 or greater requires a mandatory 10-day jail sentence. Jail can be served as either straight time, work release, or in-home detention.
A Second DUI infractions carry more significant penalties. A second has a mandatory minimum of 10-days in jail. Inmates can serve their time on work release or in-home detention. You must complete a minimum of two years of probation.
A third DUI carries a mandatory 60-day jail sentence. The only possible sentencing alternative for a third is work-release. Probation must be a mandatory 2-years.
An alleged fourth is charged as a Felony DUI under Colorado law.
Impacts of Colorado Express Consent
Colorado express consent requires a driver to submit to a chemical test. An officer must have probable cause to believe the defendant is driving under the influence. The test must be a chemical test of the person’s blood or breath.
If the blood alcohol concentration is greater than .08, a defendant will lose their license. The length depends on the person’s BAC and number of prior revocations. A refusal will also result in a revocation.
Speak with A Qualified DUI Attorney Today
Each criminal case is different, and no two cases are alike. Each case and each defendant require a DUI attorney to tailor a defense to their case and goals. If you have a pending drunk driving case in Aurora or the Denver Metro Area, request a consultation today.
Our Firm has over 10 years of experience handling DUI cases. We understand the challenges a conviction may place on a defendant. We have challenged several arresting officers and understand the complexities of the field sobriety tests.
We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with our criminal defense lawyers from the Lawrence Law Firm. We are ready, willing, and able to represent you.
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Learn More About DUI with Common Questions
What Is the Legal Limit in Colorado?
To understand DUI Punishment, you must first understand what is considered a DUI or alcohol related driving offense. Under Colorado law, a person commits the offense of DUI if they operate a motor vehicle with a BAC greater than .08. A person commits the offense of DWAI if they operate a motor vehicle with a BAC greater than .05. Additionally, a person can be charged with a DUI if they have 5 nanograms of active THC in their system at the time of driving. There is not limit for THC under the DWAI statute.
What Are the DUI Punishments in Colorado?
The punishments for DUI’s and alcohol related driving offenses can be found at C.R.S § 42-4-1307. A DUI in the State of Colorado is considered an unclassified misdemeanor. The Colorado DUI Penalties depends on a variety of factors. The maximum possible jail sentence is 1 year and a fine from $600-$1,000. A defendant is also required to complete 48-96 hours of community service.
A first time DUI has a minimum 5 day jail sentence, but the jail can be suspended upon the successful completion of an alcohol and substance abuse class. However, a DUI involving a blood alcohol content (“BAC”) above a .20 has a mandatory 10 days of jail. In addition to jail, a defendant will also be placed on probation. The typical length of probation for a first offense is one year. The standard requirements of probation for a DUI are to complete an alcohol and substances abuse class, complete a MADD Victim Impact Panel, complete community service, and submit the monitored sobriety. A conviction for DWAI first offense can be punished by up to six months in jail or a fine of up to $500.
A second DUI or DWAI has a mandatory minimum jail sentence of 10 day with a maximum possible sentence of one year. The jail sentence may be served on in-home detention if the prior alcohol related driving offense is greater than five years old. A third offense carries a mandatory minimum 60 days jail sentence with a maximum of one year. The mandatory minimum 60 days are not eligible for in-home detention. Second and greater DUIs also require a mandatory two-year probation period, and the court will suspend an extra one year of jail on a defendant upon successful completion of probation.
It is important to remember that the mandatory minimum sentences are the lowest the Court can impose on a defendant. While subsequent offenses have mandatory minimum sentences, the court will look at other aggravating factors and mitigating factors to determine the appropriate sentence. It is not unusual for judges to impose jail sentences higher than the mandatory minimum. There are actions that can be taken to help reduce the potential for jail. To better understand your situation, request a free consultation today.
What Does Jail Mean for A Colorado DUI?
A defendant can typically serve a jail sentence in one of three ways. Jail can be straight time. This is the type of sentence where you are taken to jail and sit there for the ordered amount of time. Jail could also be served on work release status. This is a type of sentence where you are permitted to go to and from work, but you sleep in the county jail. Jail can also be served on in-home detention. This permits you to go to and from work and other court order obligations, but you are to remain at home at all other times. To determine your options or if you are eligible for alternative sentencing please contact our DUI Attorney today for a free consultation.
