When someone is charged with a DUI (driving under the influence), they must take immediate action to protect their rights. A DUI can result in fines, jail time, revocation or suspension of driver’s license, and the possibility of a felony criminal record.
Step 1: Hire a Defense Attorney
If you receive a DUI the most important step you can take to protect yourself is to hire an attorney. An attorney will be able to help you obtain and understand the police reports, procedures, etc. Their knowledge of the law gives them the experience required to analyze all of the evidence and craft the best defense.
Step 2: Request a DMV Hearing
When you are arrested for a DUI, in some cases the arresting officer will take your driver’s license away immediately upon the completion of a breath test or a refusal to take a test. In most cases, you must contact the DMV with 7 days of the date of the offense to request a hearing. If you request a hearing, the DMV will issue a temporary driving permit that is good for 60 days or until the date of the hearing, whichever comes first. If you chose a blood test, the DMV will notify you by mail of your blood results, and at that point, you may request a hearing if you choose to do so.
Step 3: Write Everything Down
DUI cases are usually won or lost with the details of the DUI arrest. It is best to write down everything about the stop like when and where, breath test information and description, conversation descriptions, and anything else that you can remember.
Step 4: The Police Report
After any DUI arrest, the police officer prepares a written arrest report. The police report will help add more information to the details that you remember. The police report may contain biased information, or it may even omit information so be aware that your account or eye witness accounts can be crucial. Your attorney will be able to obtain this for you.
Step 5: Review Your Options
Your defense attorney will explain the different options that you have. Depending on the facts of your case, they may want to negotiate a plea deal with the prosecutor before appearing in court, or they may advise you to take the case to trial. They will determine what is the best course of action based on the details and evidence in your individual case. If you’ve been charged with a DUI the most important step you can take to protect your rights is to hire a defense attorney. They will be able to help walk you through all of these steps
Criminal Practice Areas
Our Colorado lawyers aggressively defend your rights. Certain situations offer options such as evidence suppression, dismissal of the charges, or greatly reduced penalties, but only an experienced lawyer will be able to understand the circumstances surrounding your case fully. If you have prior charges or a felony on your record, it is especially important to contact a defense attorney promptly to seek advice and understand your case.
Driver’s License Revocations from DUI
A DUI arrest results in two separate legal proceedings against you: the criminal case and an administrative license revocation hearing through the Colorado Department of Motor Vehicles. If your BAC is confirmed through chemical testing to be .08 or above, or if you refused to submit to a breath or blood test, you will be subject to a license revocation through a civil administration hearing.
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Alcohol Related Driving Offenses
There are two different alcohol related offenses that can result from driving after you have consumed alcohol. Whether you are charged with one or the other depends on the amount of alcohol in your system. The charges are: “Driving While Ability Impaired” – DWAI and “Driving Under the Influence” – DUI.
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Minor DUIs
The Colorado law firm, Thomas Law Firm, defends all types of DUIs, from drug related to alcohol impaired driving offenses. If you have been accused of driving under the influence for felony or misdemeanor charges, contact our DUI criminal defense lawyers at(720) 542-6148.
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Injury Property Damage And Car Crash DUI
A car crash is a situation nobody wants to find themselves in, let alone be responsible for. In Denver, the penalties for these accidents include heightened insurance rates, fines, and, if alcohol was involved, legal repercussions including serious and potential felony DUI charges. When a drunk driver is involved in a car crash that leads to property damage or bodily injury, the penalties increase significantly.
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DUI/DWAI for Commerical Drivers
Penalties for receiving a DUI are much harsher for commercial drivers and the consequences may reach far beyond losing your license and paying a fine. Commercial drivers are subject to stricter standards because their job requires them to operate vehicles that can contain toxic waste or precious cargo—it is a matter of public safety that these drivers be as safe as possible. Driving drunk while operating a company vehicle puts the company as well as the public-at-large at risk.
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Marijuana DUIs
Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug. A conviction for driving under the influence of drugs will lead to the same penalties as driving under the influence of alcohol.
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Drug Related Driving Offenses In Colorado
Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug. A conviction for driving under the influence of drugs will lead to the same penalties as driving under the influence of alcohol.
It is not a defense to a charge of DUI/DWAI that drugs affecting the driver’s ability to operate their motor vehicle were lawfully prescribed. All that is required of the State is they prove you consumed a certain drug or drugs, and that consumption of those drugs affected your ability to operate your vehicle. Whether the drugs are legal or illegal is irrelevant to whether they affected your ability to operate your vehicle.
The State will have to prove the same elements as it would in an alcohol DWAI or DUI case, but will not have the presumptive BAC levels that are used in those types of cases. There are no set drug levels the State can use to show you were affected by a drug in your system. Instead, the State will have to prove its case using other evidence to show your driving ability was impaired. Generally, this involves the arresting officer’s testimony about your behavior, and ability to safely drive your motor vehicle. Blood and urine tests may also be used to show the presence and levels of specific drugs that have been consumed.
Civil Practice Areas
When a victim is injured and claims that your organization is responsible, you want to do all you can to protect your investment. Fortunately, there are multiple defenses available under Colorado law, which may defeat the plaintiff’s claim or reduce the compensation he or she can recover.
Auto Accident Liability Defense Lawyers
Car accidents are disturbingly common, but they can have a serious impact if your Denver business is implicated in the incident. Victims often go for the “deep pockets” of organizations, especially when the amount of the claim is higher than your insurance coverage.
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Employment Lawyers
Whether you own a business in Colorado, California, or Alabama, there are state and federal regulations to which you must adhere. If you violate a law, are responsible for an injury, or violate a person’s rights, you may find yourself the victim of a lawsuit. To protect yourself in the event of a lawsuit, have a Denver business employment lawyer on retainer. Call the Thomas Law Firm to learn more about our practice and how we can help you.
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Non-compete Agreement Lawyers
A non-compete agreement is an agreement between an employer and an employee that the employee will not seek employment with a competing employer or start a competing business after employment ends. Non-compete agreements are designed to protect employers in the form of commitment from employees and to protect employers’ investment in employees.
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Premises Liability Defense Lawyers
As a Denver business owner, you have a duty to maintain your property in a safe condition and to remedy any hazards that may cause a risk of injury to people who enter.
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Workers Compensation Defense Lawyers
You work hard to keep your Denver business thriving and a key factor in your organization’s success is workplace safety. When accidents do happen, the associated workers’ compensation claims can take an unfortunate toll.
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Wage and Hour Business Lawyer
As a Denver business owner, there are several laws and regulations by which you must abide, otherwise you risk losing money and damaging your business’s reputation. Many of those laws have to do with wage and hour disputes. The best way you can avoid wage and hour disputes is by partnering with a Denver business attorney prior to hiring employees.
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