DUI Lawyer in Denver, CO
It is always worth it to get a lawyer for a DUI. A lawyer will improve your chances of getting the best possible result in court and may be able to help you get the case dismissed. Hiring a DUI lawyer may prevent your license from being suspended by the DMV.
Possible DUI Defenses
If you are charged with a DUI offense in Denver, we can use our 25 years of experience to help you get a favorable outcome. While each DUI case is different, lawyers can use a solid DUI defense to protect clients when charged.
Inaccurate Blood or Breath Alcohol Testing
Blood tests and Breathalyzers are used to determine the level of alcohol in your blood. This is done by testing for the particles of alcohol. However, this indirect measurement of your blood alcohol level can be inaccurate. Our defense attorneys may have your blood sample retested and consult with a forensic toxicology expert to pinpoint inaccuracies in breathalyzer tests that can produce a valid defense against a DUI charge.
An Illegal Stop
A police officer cannot stop a driver unless the police officer has an articulable and reasonable basis to believe that a law has been violated. Law enforcement cannot seize or arrest a person unless they have probable cause to believe that person violated the law.
In a criminal case, it is the state’s responsibility to prove that they obtained evidence lawfully. The prosecution must prove that the officers complied with the fourth amendment, the law that protects people from unreasonable searches and seizures. A police officer cannot stop a motorist because they had a hunch, or based solely on an anonymous tip, that a motorist was driving while intoxicated. Our defense attorneys will analyze the case to determine if there was a legal justification for the traffic stop and if a Motion to Suppress Evidence should be filed.
These are just a few examples of how hiring a criminal defense attorney can help when facing a DUI charge. Some people feel that they can fight a DUI charge themselves. However, if you could not convince the arresting officer of your innocence, it is unlikely you will convince a judge or jury, especially when there is an experienced prosecutor on the other side.
What Are Some Things That Factor Into a DUI Charge and Consequences?
Criminal History
Your criminal history can factor into how a DUI charge is handled by the prosecutor and the court. If you have a history of DUI convictions, the DUI charge you face may be more severe regarding the level of the charges and whether you are facing mandatory jail as a result.
Statements
What you say can impact your DUI charge. When the arresting officer decides to arrest you, there is little you can do to prevent your arrest at this point. Exercise your right to remain silent. Treat the arresting officer with respect. What you say and how you act can negatively impact your chances of the case being dismissed or of reaching a favorable outcome in court.
You have the right to remain silent. Confirm your identity, and then stay quiet. Avoid responding to questions. Do not answer questions about whether you had been drinking. If you become frustrated and get into an argument with law enforcement, you may say or do things that could negatively affect your case later.
Blood or Breath Tests or Refusals
Colorado’s express consent law requires you to take a Breathalyzer or Blood Test if an officer has probable cause to believe you are DUI. Blood tests are the most accurate and your attorney can have the blood sample retested by a private lab. You can refuse to take a test. If you refuse to take a test it can result in a much longer suspension of your driver’s license and the fact that you refused to take a test can be used against you in court.
In Colorado, you are considered under the influence of alcohol if your BAC alcohol content is 0.08 or higher. However, police officers can still charge you with the DUI even if your results are lower than 0.08.
PENALTIES FOR A DUI
Your first DUI offense can bring jail time for as little as five days and up to one year. Your second offense carries mandatory jail time but in many cases your attorney can fight for in-home detention or work release. On a third offense a person is facing mandatory jail time between 60 days to one year, and probation of up to four years. On a fourth or higher offense, a person is facing Felony DUI charges in Colorado which can result in a prison sentence of between 2 to 6 years and 3 years of parole. Any DUI or DWAI conviction in Colorado carries mandatory court costs, fines and fees.
If you or someone you love has been charged with a DUI or another crime in Colorado, you don’t have to go it alone. The experienced team at GLaw Defense stands ready to provide the needed assistance.
Colorado DUI Frequently Asked Questions
Q: Am I required to take a blood or breath test?
In Colorado, you have the choice between a blood test, breath test. If you choose a blood test, your blood should be drawn by a certified phlebotomist. Breathlyzers are the most commonly used method of testing in Colorado DUI cases. Breath tests are not as accurate or reliable as blood tests, but they are acceptable in Colorado for use in DUI investigations. The test must be administered correctly, if they are not, the attorneys at G Law Defense will challenge the results in court.
Q: What happens if I refuse the blood or breath test?
As mentioned above, a refusal is evidence the jury gets to hear. Juries are likely to assume that the reason you did not take the test is because you had something to hide. However, the criminal penalties do not change for a refusal. You can assert your constitutional right not to incriminate yourself by taking the test.
However, you may be subjected to harsher penalties at the DMV. You will likely experience a longer license suspension if you refuse the test. Colorado Express Consent law is interpreted to mean that you have already consented to a blood or breath test if you are driving in Colorado. This law gives the DMV the power to take your license away if you don’t take the test. The DMV can suspend your driver’s license for refusing the chemical test even if you are not convicted of DUI. Having a defense lawyer at the DMV hearing can improve your chances of keeping your license or reducing the time that you cannot drive.
Q: Are the roadside tests mandatory?
No. These roadside or field sobriety tests are not mandatory. The officer may not tell you they are voluntary. He or she may simply instruct you to get out of the car and tell you to start the tests. You have a right to refuse to perform roadside tests, and you should. You do not have to offer an explanation and should not make any statements other than to politely tell the officer you do not want to take the tests.
Q: Can I challenge my license suspension?
Yes. You should request a hearing by taking your notice of revocation to the DMV. If you request a hearing, you’ll be given a temporary permit that will allow you to drive until the date of the hearing.
Q: Do I have to answer the officer’s questions?
No! You are required to answer basic identification questions but nothing more. You have the right to remain silent. Anything you say will be used against you if it helps the prosecutor to get a conviction against you.
Q: The police officer didn’t read me my Miranda rights. Does this mean the prosecution has to dismiss the case?
Generally speaking, no. But if your statements can be used against you depends on when and how the officer asked you questions. When an officer first pulls you over, he can ask you questions without reading you your Miranda rights. However, you can exercise your right to remain silent. You should provide the officer with your name, drivers license and proof of insurance, but you do not have to answer other questions, such as: where have you been? What have you been doing? Have you been drinking alcohol?
If an officer places you in custody or detains you in a way that any reasonable person would believe they are under arrest, such as placing you in handcuffs then he or she must read you your rights if they want to ask you any more questions. If you make incriminating statements after you are arrested, the attorneys at G Law Defense may be able to have those statements suppressed so that they can be used against you. It is important to remember that your Miranda rights only apply to your statements. They do not prevent the officer from testifying against you about his observations
Q: What does BAC mean?
BAC stands for blood-alcohol content. It is a measure of how much alcohol a person has in their blood. For example, a BAC of .08 means you have .08 g of alcohol in 100 mL (milliliters) of your blood or .08 g of alcohol in 210 liters of breath.
Q: For how long will I lose my license?
If it is your first offense and your BAC result is under1.5 ,then your license will likely be suspended for 90 months in Colorado. If you refused the blood or breath test, your license is likely to be suspended for one year. In most cases, after 30-60 days without a license you may request a provisional or restricted license with an interlock device.
Q: What should I do to prevent losing my license?
You should request a hearing at the DMV to challenge your license suspension. You must do this within seven days from the time that you receive your notice of revocation, which is a yellow piece of paper or a letter from the DMV. Take this notice to the DMV to request a hearing within seven days and you will be given a temporary driving permit at least until the date of your hearing. In cases where you took a blood test, the officer will not have served you the yellow Notice but you should receive a letter from the DMV once they get your blood test results, which can take several weeks.
Q: What should I expect at the DMV hearing?
At the DMV, the hearing officer must decide whether the officer had probable cause to pull you over and/or probable cause to believe that you committed a DUI offense. The hearing officer may also have to determine whether the blood or breath test evidence was obtained in compliance with Colorado law in order to rely upon it to suspend your license.
Q: Do the court proceedings and DMV proceedings impact or affect one another?
No. In fact, they have little to do with one another. In court you are charged with a crime, and face consequences like jail or probation or both. At the DMV the only issue is whether they are going to suspend your driver’s license. The only time a court conviction impacts the DMV is if you are convicted of a traffic offense that carries a points penalty against your license. If you lose too many points DMV will suspend your license.
Q: If I get a DUI in Colorado, is jail mandatory?
Sometimes.
COLORADO DUI PENALTIES
| Offense | Jail Term Range |
Minimum Mandatory Jail |
Maximum Jail | Period of Probation |
| DWAI 1st | 2 days – 180 days | None | 180 days | Up to 2 years |
| DUI 1st | 5 days – 1 year |
None Unless BAC is >.200 than 10 days.
|
1 year | Up to 2 years |
| 2nd Offense | 10 days – 1 year | 10 days** | 2 years | 2 – 4 years |
| 3rd Offense | 60 days – 1 year | 60 days ** | 2 years | 2 – 4 years |
|
4th or greater Felony
|
Prison 2-6 years + 3years of parole |
90 days** | 180 days | 2-4 years |
This table provides a general overview of Colorado DUI Law and should not be relied on as legal advice. Any person needing legal advice should consult with the attorneys at G Law Defense.
**In Home Detention and Work Release options depend on when and how many prior alcohol related convictions a person has.
Getting charged with Driving Under the Influence (DUI) doesn’t have to end with jail time. But the costs of a DUI can be quite high, especially if you lose your drivers license. The Colorado Criminal Defense Attorneys at G Law Defense will challenge both the drunk driving case and the Colorado DMV license suspension.
Time is of the Essense!!
You have 7 days from the time of your arrest to request a hearing at the DMV.
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