DUI Defense

Why Should I Hire a DUI Attorney?

A person who is "under the influence" can be impaired by alcohol, drugs, or even prescribed medication. Colorado DUI laws make it a criminal offense to operate a vehicle (including non-motorized vehicles such as bikes) either:

while under the influence of alcohol and/or drugs, or
with a blood alcohol content (BAC) of 0.08% or greater.

Driving with a BAC of 0.05% to less than 0.08% is the lesser Colorado offense of Driving While Ability Impaired (DWAI).

A DUI arrest is often perceived as a minor offense and most people expect to receive a "slap-on-the-wrist" fine. A DUI can, however, result in hefty fines and jail time, depending on the case. Driving privileges can also be seriously compromised or revoked.

If you have been charged with DUI. Get in touch with us to schedule a Free Consultation by calling us at 970-658-6582 or fill out our confidential form and we'll call you.

Penalties for DUI Offenses in Colorado

A DUI can have severe consequences that can last for a lifetime. If you are convicted of a DUI for the first time, penalties include 5 days to 1 year in jail and a fine of $600 - $1000 plus court costs. First time offenders also receive between 48-96 hours of community service and can receive up to 2 years on probation with court ordered substance abuse treatment and testing. Lastly, you will receive 12 DMV points on your driving record and a license revocation period of 9 months.

Colorado's criminal sentencing and administrative penalties for DUI, DUI per se, and DWAI become more severe with each successive conviction. If you have at least 3 prior DUI-related offenses in your lifetime, driving under the influence becomes a class 4 felony in Colorado and carries up to 6 years in prison.

The improper handling of your case may result in far-reaching consequences, such as losing your ability to drive. In addition to being charged higher insurance premiums or being dropped from your insurance altogether, you could also have to pay steep fines and fees.

To mitigate the potential consequences of a DUI charge, it is tantamount that you hire an attorney with extensive experience handling DUI cases. For help with your DUI case, contact us now.

What Defenses are Available for a DUI Charge?

Typically, a DUI charge follows an arrest by law enforcement officers. If this happens, it is essential to consult with a DUI lawyer who can clearly explain your options to you and possibly help you avoid a DUI conviction. There are several defenses against DUI charges, including the following:

Illegal DUI Stop

According to Colorado law, the stop must have been legal. Police officers cannot stop you unless you are breaking the law or driving erratically. Otherwise, you can challenge the stop and have the charges dismissed.

The Arrest Must Have Been Legal

A police officer must have probable cause to believe that you have committed a crime before they can arrest you. All factors that led to the arrest are considered when determining whether probable cause existed or not, including:

The quality of the driving
The arresting officer's observations
Results of the field sobriety tests

If there is no probable cause for a DUI arrest, any evidence obtained from that arrest (physical evidence, breathalyzer or blood test results, confessions, etc.) must be suppressed. You may have your drunk driving charges dismissed if we can show that there was no probable cause for your arrest.

Field Sobriety Test Inaccuracy or Invalidity

Before you are arrested for DUI, the police officer will typically ask you to take a sobriety tests. The tests can be challenged if they are not done to the required scientific standard following a precise procedure.

We are well-versed in how these tests need to be conducted. If the tests were not performed according to the state-mandated procedure, the tests could be dismissed.

The Chemical Blood Alcohol Content Tests Must Have Been to Specification

The tests conducted on your breath, blood, or urine could be invalidated if you can prove that they did not follow a strict scientific protocol.

Why Contact Us For Assistance With Your DUI Case

If you are facing a DUI or DWAI charge, consulting with an experienced DUI attorney can only help your DUI case. Hiring a DUI Attorney may make all the difference between a favorable outcome and a jail sentence.

We will aggressively probe all DUI charges against you. Years of successful defenses against hundreds of DUI convictions allow us to build your optimal defense and accompany you to your court appearance.

Rick Silver Law LLC