Denver Drunk Driving Defense Lawyer Explains Constitutionality of DUI Stops. There are many potential defenses against drunk driving charges.
In this video, listen to Colorado DUI lawyer Jake Johnson detail a common, powerful defense that can help get your charges reduced or dropped after a drunk driving arrest.
If you would like to discuss your DUI or other alcohol-related driving charges with a dedicated Denver DUI attorney, you can reach our law firm at (720) 606-4721 or through our website.
Some of the common and most powerful defenses we have in defense of DUIs are going to be challenging the constitutionality of the initial contact by the police officer. In the United State of America, we all know that you are entitled to be free from unlawful searches and seizures. What that means for me and what that means for my clients is that if an officer has made contact and detains someone for an unlawful reason, we absolutely need to flush that out and bring that to the court’s attention, and seek suppression of any evidence that was obtained because of an unlawful search or seizure.
There’s a lot of case law and a lot of different defenses that surround search of a car. And without getting into all the specifics, just know that if something’s in plain view, so if an officer can look in and they see that joint right in the middle of the dashboard there, well, they’re going to take that, and they’re going to us it as evidence against you. Now, whether they can get into different parts of your car is going to be very fact specific. And I want you to give me a call at Thomas Law Firm to discuss your specific circumstance so we can formulate a plan to see if that evidence can be used against your or not.
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.