Tuesday, January 23, 2007

Facts & Questions Regarding DUI in The State Of Colorado


Why are Colorado DUI laws so vigorously enforced?


There are tremendous societal pressures to make DUI arrests. MADD puts a great deal of pressure on the General Assembly, District Attorneys and Police Departments to get “tough” on people that drink and drive.

When should I hire a criminal defense attorney?

Immediately. Colorado law requires that a request for a hearing to keep your license must be made within 7 days from the date of your DUI arrest. If you fail to hire an attorney, and a hearing is not requested, you waive the opportunity to fight the license suspension. In short, the sooner you act the better chance I will have in providing the best criminal DUI defense you need.

I was arrested for DUI in Colorado. Is my license automatically suspended?

No. However, if you refused to provide a sample of your breath or blood, or if you provided a sample and they say it had an alcohol concentration of .08 or greater, and a hearing is not requested to fight the DUI suspension, it will be suspended.

Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?

Absolutely. We have been able to keep a number of our clients here in Colorado from ever having their license suspended. Even if your license is suspended, there may be other options for a limited driving privilege.

If my license is suspended for a DUI, can I get a license to drive to work?

It depends. Suspensions for refusal of tests and DUI convictions do not allow for a probationary license. Suspensions for driving with excessive alcohol content (over .08%) carry the possibility of obtaining a probationary license after one month of no driving. Suspensions of more than twelve months may allow for restricted licenses after one year if an intoxilizer interlock device is installed in your car.

I got a Colorado DUI and I have never been in trouble before. Am I going to jail?

Probably not. All cases are different, and I will have to look at your specific facts, but in most cases, I can successfully fight to keep you out of jail.

What part of your practice is devoted to defending Colorado DUI cases?

A substantial part of my practice involves handling DUI cases. Colorado DUI laws and techniques in defending DUI are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of the current Colorado DUI laws, trends, and what occurs in Courts everyday. I am such a lawyer. Also, I attend many Continuing Legal Education on DUI-specific seminars in addition to other criminal law areas of practice.

Are you familiar with the breath test machine, the Intoxilyzer 5000, used in Colorado?

Yes. To the average criminal defense attorney, a breath test above the legal limit means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. To a true DUI defense attorney, a failed breath test in no way means you are guilty. I understand how the breath test machine works, what can cause you to submit an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. This is often the difference between a guilty and Not Guilty verdict. If you are serious about being found Not Guilty, it is a must that your lawyer be very knowledgeable about alcohol and the human body and its affect on breath testing.

Can you get my DUI case dismissed?

It would be unethical for me to promise that I will get your DUI case dismissed, and the plain truth is that these types of cases are almost never dismissed outright. That being said, my goal will be to explore every option available at law, including getting your case dismissed if possible, to keep your record clean and prevent you from losing your freedom, dignity, and license to drive.

We hope that you will find this information helpful in answering your questions about selecting a lawyer. If you have any further questions, please contact us by calling 303.663.9339


2 comments:

Jennifer said...

Have the laws recently changed regarding suspension of the license on first offenses? I need this information as quick as possible. I'm from Fort Collins.

camilyn said...

Driving under the influence of alcoholic beverages is considered to be one on the serious violations across the world. Most of the countries have severe consequence for this kind of criminal offence, as when drunk and driving it might cause incidents that harms other persons too. Just in case when one is booked for drunken drive, the best, the person can do would be to hire DUI Lawyers to protect him.