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.
Over 67 years of legal experience
When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.
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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.
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.
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.
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.
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.
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.