Castle Rock DUI attorney

Law enforcement officers arrest thousands of people every year on suspicion of driving under the influence (DUI). Colorado imposes severe penalties for a DUI conviction. However, not every person arrested on suspicion of DUI is convicted. Police officers can make mistakes, and machines can provide inaccurate readings, so don’t assume that every DUI charge must result in a conviction. You never know what legal defenses might apply to your DUI case until you consult with a DUI attorney. 

At Gerash Steiner Blanton, P.C., our Castle Rock DUI attorneys have extensive experience representing people accused of drunk driving. Contact our office today to discuss your case.

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What Should I Do If I’m Pulled Over On Suspicion of DUI?

Getting pulled over is a stressful experience. Many traffic stops end negatively for the driver who is pulled over. If you get pulled over on suspicion of driving under the influence, the last thing you want to do is panic. Our Castle Rock DUI lawyers have compiled some helpful tips to remember if you find yourself in this situation.

Cooperate with Law Enforcement

You should never attempt to physically resist law enforcement. This can make an already bad situation worse by leading to additional charges for resisting arrest or assaulting an officer. Additionally, you should not attempt to elude a traffic stop if a police officer attempts to pull you over. If you attempt to escape, you can face charges for fleeing and eluding. 

You Do Not Have to Submit to Roadside Maneuvers

During many DUI stops, law enforcement officers ask drivers to perform roadside sobriety tests that are meant to determine whether a driver is under the influence. These maneuvers are completely voluntary—meaning that you are under no legal obligation to take them. They are designed to make you fail and provide police with probable cause to arrest you for DUI. Additionally, many officers do not administer these tests properly, and their results can be unreliable. So know that you cannot be forced to take them.

Breath and Blood Tests

As stated, the roadside tests are designed to make you fail. If you fail, the police now have probable cause to arrest you. Then, Colorado’s express consent law kicks in. This law says that any motorists operating a vehicle on Colorado’s roads give implied consent to submit to a blood or breath test if they are arrested on suspicion of driving under the influence. The express consent law applies to the blood or breath test the officer takes at the police station. It does not apply to the portable breath test the officer may ask you to take at the scene.

If you refuse the test at the station, you can face an additional charge of “refusal.” Refusal carries the following potential penalties:

  • Installation of an ignition interlock device for at least one year;
  • Designation as a “persistent drunk driver”;
  • Mandatory alcohol and drug evaluation and treatment program; and
  • Automatic license suspension for one year.

The prosecution can also use your refusal as evidence of guilt in your DUI case. 

Colorado DUI Laws

Colorado prohibits drivers from operating a motor vehicle while under the influence of alcohol or drugs. Under the influence means that the driver either:

  1. Has their ability to drive safely substantially impaired by drugs or alcohol; or
  2. Has a blood alcohol concentration (BAC) of 0.08% or above.

Additionally, you can face enhanced penalties if your BAC was at or above 0.15% or if you had minors in the vehicle.

Penalties for a DUI Offense

Colorado DUI penalties differ based on whether you have prior drunk driving convictions, along with some other factors. The following offenses count as a prior conviction for purposes of a DUI:

  • DUI;
  • Driving while ability impaired (DWAI);
  • Vehicular assault DUI; and
  • Vehicular homicide DUI.

A conviction for any of these offenses stays on your criminal record forever for purposes of determining your sentence. That includes convictions you received in Colorado, as well as other states. 

Criminal Penalties

A DUI conviction carries the potential of serious criminal penalties and fines. A first-time DUI conviction in Colorado carries the possibility of:

  • A fine of up to $1,000; 
  • Up to 96 hours of community service;
  • Mandatory substance abuse education classes; and
  • Between five days and one year in jail.

Your first DUI conviction carries the least severe penalties. A second-time DUI conviction in Colorado carries the possibility of:

  • A fine of up to $1,500;
  • Up to 120 hours of community service;
  • At least two years of probation;
  • Mandatory substance abuse education classes; and
  • Between 10 days and one year in jail.

Our criminal defense lawyers have experience representing defendants with multiple prior DUI convictions. Contact us today to see how we can help you.

A third DUI conviction in Colorado carries the possibility of:

  • A fine of up to $1,500;
  • Up to 120 hours of community service;
  • Up to four years of probation;
  • Mandatory substance abuse education courses; and
  • From 60 – 365 days in jail.

As you can see, Colorado imposes harsher penalties against defendants with multiple prior convictions. Contact our office today to see how we can help with your DUI case. 

Administrative Penalties

In addition to criminal penalties, you can face administrative issues concerning your driver’s license if you are arrested for drunk driving. If you do not request a hearing with the Division of Motor Vehicles within seven days of your arrest, you will automatically lose your driver’s license. Contact one of our criminal defense attorneys to represent you at this hearing.

If you get convicted of DUI, you can lose your driver’s license for a set period. For your first offense, you will lose your license for nine months. For your second conviction, you will lose your license for one year. If you receive a third conviction, you could lose your license indefinitely.

Contact a Castle Rock DUI Attorney at Gerash Steiner Blanton, P.C.

When your freedom is at stake, you want to make sure you hire the best criminal defense lawyer to represent you. As a former public defender, Mr. Daniel P. Gerash has proven himself to be a strong legal advocate for criminal defendants. In fact, Mr. Gerash holds memberships with the Colorado Trial Lawyers Association, the Colorado Criminal Defense Bar, and the National Association of Criminal Defense Lawyers. He has also earned an AV® Preeminent Rating by Martindale-Hubbell®, achieving the highest possible rating in both Legal Ability and Ethical Standards.

If you are facing DUI charges, do not wait to call a DUI defense attorney to represent you. Our Castle Rock DUI attorneys are here to help.

Our experienced legal team handles other types of cases as well, including: