DUI

Denver DUI Attorneys

Ready to Provide a Vigorous Defense Against Driving Under the Influence Charges

Driving under the influence (DUI) is a serious offense in Denver. For someone charged with DUI, the stakes are high. Depending on one's driving and criminal history, the charges can range from misdemeanors to felonies. A conviction can lead to severe criminal penalties such as incarceration, substantial fines, and probation. Beyond these are administrative penalties, including the suspension of driving privileges. These consequences disrupt daily life and can have long-lasting effects on an individual's future, affecting employment opportunities and personal relationships.

DUI cases involve complex legal and procedural issues, including criminal and administrative components. One critical aspect is the chemical test, which measures the alcohol or drug concentration in the system. These results are pivotal as they significantly influence the course of legal proceedings. Thus, handling a DUI case requires meticulous attention to details such as the traffic stop's legality, the chemical test's accuracy, and the procedures followed during the arrest.

Given the complexities, securing skilled legal representation is crucial. A defense lawyer handling DUI cases can navigate these multifaceted processes efficiently. They possess the insights to examine the evidence thoroughly, challenge any procedural errors, and construct a robust defense strategy.

At Denver Family Lawyers, we aggressively represent our clients. We dive deep into the case details, rigorously analyze the evidence, and listen attentively to our clients' accounts of the incident. This comprehensive understanding allows us to craft tailored defense strategies to address the nuances of each case.

Please schedule a consultation with one of our experienced Denver DUI defense lawyers. Contact us by calling (303) 225-3343.

Colorado DUI Laws

DUI encompasses operating a motor vehicle while under the influence of alcohol and/or drugs to the extent that it impairs one’s mental or physical abilities to drive safely. According to Colorado Revised Statutes (C.R.S. 42-4-1301), this condition can be caused by alcohol alone, drugs alone, or a combination of both.

The law further specifies a DUI per se, which occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This designation, "per se," implies that the prosecution does not need to prove impairment if the BAC meets or exceeds this threshold; the BAC level itself is sufficient evidence for a DUI charge.

How Is DUI Determined?

Determining whether a driver is under the influence involves several assessments. The initial evaluation typically begins with the officer’s observations of the driver’s behavior and performance on the road. Signs such as erratic driving, inability to maintain lane discipline, or delayed responses to traffic signals may prompt a traffic stop for suspected DUI.

Once stopped, the driver may undergo a series of field sobriety tests.

These tests, designed to assess the individual's physical and cognitive functions, could include:

The horizontal gaze nystagmus test. The officer checks for an involuntary jerking of the eyes as the individual gazes to the side.
The walk and turn test. The officer evaluates the ability to perform tasks requiring attention, balance, and coordination.
The one-leg stand test. The officer observes the driver’s balance and concentration.

Additionally, chemical tests are administered to measure the driver’s BAC. These tests, conducted following a lawful arrest, typically involve analyzing the driver's breath or blood. In Colorado, anyone arrested for DUI is considered to have consented to participate in these tests. Refusal to undergo a breath or blood test can be used as evidence in court.

Potential Consequences of a DUI Conviction

The legal repercussions of a DUI or DUI per se conviction are significant and vary depending on the number of offenses an individual has committed. Typically, violations of DUI laws are misdemeanors.

For a first offense, the convicted individual may face five days to one year in county jail, an alcohol and drug evaluation, a fine ranging from $600 to $1,000, 48 to 96 hours of public service, and probation for up to two years.

For those convicted of a second DUI, the penalties increase. The sanctions include mandatory incarceration ranging from 10 days to one year in county jail, a fine between $600 and $1,500, 48 to 120 hours of community service, and probation for at least two years.

The consequences continue to escalate with third and subsequent offenses, where the individual faces 60 days to one year in jail, similar financial penalties, and a probation period of at least two years.

If an individual commits a DUI after three or more prior convictions, the charge escalates to a class 4 felony. Felony DUI charges carry severe penalties, including two to six years in prison and fines ranging from $2,000 to $500,000.

Administrative Penalties

Beyond the courtroom, a DUI conviction brings substantial administrative consequences administered by the Colorado Department of Revenue. These primarily focus on suspending the driver's license, a preventive measure to discourage impaired driving.

The length of suspension varies:

First offense. 9 months
Second offense. 12 months
Third or subsequent offense. 24 months

Additionally, points may be assessed against the driver’s record, leading to increased insurance premiums and the potential for future license revocations.

Defense Strategies for DUI Charges

Defending against DUI charges often requires a multifaceted strategy, leveraging various legal defenses depending on the case's specifics.

Key defense approaches include the following:

Challenging the traffic stop. If a lawyer can demonstrate that the police officer lacked a valid reason, known legally as "reasonable suspicion," to make the traffic stop, evidence gathered during the stop may be deemed inadmissible in court.
Challenging the arrest. A valid arrest for DUI requires "probable cause." The officer must have sufficient evidence to believe the individual was driving under the influence. If the defense can show that probable cause was lacking, the arrest—and subsequently any evidence obtained post-arrest—may be invalidated.
Questioning test accuracy. This defense targets the reliability of the breath, blood, or other chemical tests used to determine the blood alcohol content (BAC). Factors such as improper handling of the test, malfunctioning equipment, or the presence of substances that can interfere with test results may be used to challenge the accuracy of the BAC reading.

Experienced attorneys have a deep understanding of the law and the procedural rules that govern DUI cases. They use this knowledge to identify weaknesses in the prosecution's case, such as procedural missteps or violations of constitutional rights.

Get in Touch with Our Team

At Denver Family Lawyers, we stand out due to our extensive experience and deep commitment to our clients. Our team comprises skilled negotiators and litigators who know how to develop and present cases. We understand that each situation is unique, and we dedicate the time and resources to explore avenues to pursue favorable outcomes for our clients.

You can reach our Denver DUI attorneys by calling (303) 225-3343 or scheduling a consultation online.

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