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DUI Criminal Defense

Colorado DUI Laws and Drunk Driving Defense

If you are arrested for DUI in Colorado, you need to know a few things in order to get through the ordeal with as little difficulty as possible. First, know that bad things happen to good people, but the outcome can be drastically altered with the representation of a good attorney. Next, you will need, you need to be aware of all the specific details and legal actions that you may be facing. Each case is different, but below are some of the basics about the process.

A Brief Summary of Colorado DUI Penalties

It only takes about 3 beers for the average person to reach a 0.08 BAC. As of January 1, 2009, the State of Colorado determined that if you're tested and show a blood alcohol content of 0.08 or above your license may be revoked for 9 months on a first offense. On a first offense, after 30 days of no driving, you can possibly get your license reinstated, by installing an interlock device on your car. If you have had a prior offense, your license may be suspended for a year with no chance of getting a probationary license.

On a first DUI offense, you may be facing 10 days in jail or home detention, a possible fine of up to $1,500 and your license may be suspended for up to one year. First offenders are sometimes offered a deal such as a suspended sentence in exchange for attending drunk driving school or agreeing to get treatment for substance abuse.

Multiple offenses are treated more harshly by the court. 3 lifetime DUI offenses will likely get your license revoked for 2 years, plus fines and possible jail time. If you get 3 DUI offenses in a 7 year period it's a 5 year revocation of your license, plus fines and jail time. You may also be required to perform community service.

How to Minimize Your Risk of Being Convicted

If you have been drinking while driving and you've been pulled over, there's a lot you can do to help or hurt your situation. Always be on your best behavior, and respectful to the officer. Some jurisdictions are recording the arrest, breath test, and booking on video. Your behavior will determine how you are perceived by a jury in court.

When initially pulled over, if you are over the age of 21 years, you can refuse the preliminary field sobriety test. However, do not confuse this test with the breath/blood test administered later at the police station. If you refuse to take the test at the police station you'll automatically lose your license for a year.

If you refuse the roadside test, you will be taken to the police station, and once there, you must take a test. You will be given the choice of a blood test or breath test. You want to choose the breath test. The results of this test are not as conclusive as the blood test, and may be challenged by your attorney later in court. It is also a good idea to call a friend or relative from the station as soon as possible. You want them to hear you speak and take note of your state of sobriety, so that if required, they may be used as a witness, in your defense, later in your case.

7 Day Limit for DMV Hearing and Drivers License Suspension

If you have been arrested for DUI/DWI, you need to be aware of the relationship between your criminal case and the DMV hearing. When you are arrested for driving under the influence, there will be 2 separate cases against you; one is your criminal case and the other is your DMV case for your driverís license.

If arrested for DUI/DWI, it's important you understand that if you don't want to lose your license, your attorney has just 7 days to get in touch with the Colorado DMV. Unlike your criminal court case, this hearing will focus on the police report and chemical test results. Your attorney can challenge evidence presented at this hearing and may also subpoena witnesses to appear and testify. The outcomes of the DMV hearing and the court case almost never have an affect each other.

The state will not provide an attorney for your DMV hearing; you must bring your own attorney if you want to be represented at the hearing. Getting the help and advice of a good attorney can reduce the risk of losing your license, but know that the outcome will depend on the specifics of your case.

If you have been arrested for a DUI/DWI, please contact us today, and we will help you get the best defense possible.


Criminal Defense Practice Areas

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  • DUI
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