The penalties in Colorado's drinking and driving laws are very complex. Consequences of a DUI charge can vary based upon whether a test was conducted, the results of that test, whether there are any prior drinking and driving convictions, and several other factors. We understand these different penalties and have effective strategies we employ in order to increase the likelihood that you can maintain your privilege to drive and limit your exposure to jail.
What Is The Difference Between DUI And DUI Per Se?
In Colorado, "driving under the influence" is a different charge than "driving under the influence per se." DUI means a person has consumed "alcohol or drugs" such that the driver is "substantially incapable" of operating a motor vehicle. C.R.S. 42-4-1301. In a DUI, what must be proven to a jury beyond a reasonable doubt is impairment, that a driver is "substantially incapable" of operating a motor vehicle. DUI Per Se is different in that the prosecution must only prove a driver's blood alcohol content was above a .08 and it does not matter if they were impaired. In a DUI case, the prosecution may or may not introduce a blood or breath test to prove a DUI charge. A chemical test will be introduced in almost every DUI Per Se case.
Will I Lose My Driver's License?
Will you lose your license if you are charged with a DUI? It depends.
Some of the more common ways the Colorado Department of Revenue will revoke a person's privilege to drive are:
Having a blood alcohol level that is over .O8.
Driving with an excess blood alcohol level while underage.
Refusing a chemical test.
Having one or more prior DUIs.
Everyone relies on their driver's license to go to and from work, school, and everywhere else. The prospect of losing your driver's license, trying to provide an income for your family, go to school, or carry on with your life, all while trying to defend criminal charges can be overwhelming. In certain circumstances, a driver may be eligible for reinstatement of their driver's license. In other circumstances, a driver may be eligible for a "restricted" driver's license, We understand these rules and can help preserve your privilege to drive.
Strategies That Can Help
A detailed examination of what happened in your case is critical because there may be ways to limit and restrict what evidence is admissible at your trial. For example, there are a many different things that by law, must happen before a police officer can ask a driver to take a field sobriety test or a chemical test. Some of these issues revolve around your constitutional right to be free from unreasonable searches as seizures. There are times in DUI cases where a traffic stop, a request to conduct roadsides, or a request to do a chemical test are not done in a constitutional manner. When this happens, you may be able to get the evidence thrown out. With regard to chemical tests, there are times when chemical tests are not admissible in court because the test is not done right. Regulations as to how chemical test must be done are created by the Colorado Department of Health. We will closely examine the facts in your case and determine whether or not there is a way to exclude or limit evidence.
Even if evidence is not thrown out due to constitutional issues or a chemical evidence is not suppressed, being aware of these weaknesses and making the prosecution aware them can sometimes result in a more favorable plea offer.
DUI Help Guide.
For a more comprehensive discussion of some of the common issues that can come up in a DUI case, click here.
You Will Need An Experienced Criminal Defense Attorney.
If you have been accused of DUI or DWAI and your future is in jeopardy, do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case. Merson Law Office LLC provides Criminal Defense services clients in Longmont, Lyons, Mead, Niwot, Erie, Firestone, Frederick, Berthoud and Dacono, To schedule a free consultation, call The Merson Law Office at 970-219-2923 or 303-776-3511. Or fill out an intake form here.
Merson Law Office, LLC 636 Coffman, Suite 200 Longmont, Colorado 80501 firstname.lastname@example.org (970) 219-2923 or (303) 776-3511 Hours: 9:00 am - 5:00 pm
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.