Tough & Effective Defense for a DUI in Denver

Reasons to Choose Our Denver DUI Defense Lawyers are ready to fight for you

Colorado state officials are tough on intoxicated drivers. From losing your license to serving a prison sentence, the penalties for a conviction are severe. One conviction of driving under the influence of alcohol (DUI) or driving under the influence of drugs (DUID) could have a profound impact on your life.

Reasons to Choose Our Denver DUI Defense Lawyers

  • Our clients get our personal cell phone numbers
  • We have seen named in Best Lawyers in America®
  • 5/5 AV Preeminent® rated for legal talent and proven ethics
  • Chosen to join top 5% of attorneys in Colorado Super Lawyers®

Facing charges for DUI or DUID? Call (303) 732-5048 or request your free consultation online today!

What are Colorado DUI Laws?

Under Colorado DUI laws, you can face serious penalties for driving under the influence depending on the circumstances of your case and if you have had prior DUI convictions. The effects of a DUI or DUID conviction are not to be underestimated. Protect your future and avoid making mistakes that could impact your future by talking with our DUI attorney in Denver as soon as possible.

Possible penalties for a first offense DUI include:

  • A $600 to $1,000 fine
  • 5 days to 1 year in jail
  • 9-month license revocation

Possible penalties for a second offense DUI include:

  • A $600 to $1,500 fine
  • 10 days to 1 year in jail
  • 1-year license revocation (when second DUI conviction is within 5 years)

Possible penalties for a third offense DUI include:

  • A $600 to $1,500 fine
  • 60 days to 1 year in jail
  • Indefinite license revocation

Avoid These Common Mistakes

Unfortunately, after being arrested, many people make serious mistakes that can negatively impact their case. The first mistake is not taking their charges seriously.

In addition, many individuals fail to request a hearing with the Division of Motor Vehicles within seven days of their DUI or DUID arrest in an attempt to keep their license. If you do not schedule this hearing, you will lose your license by default. In addition to representing you in a criminal proceeding, our DUI attorney can also help you fight to keep your license at this hearing.

Plea Bargaining

Plea bargaining is a process by which you agree to plead guilty to a crime that is less serious than the crime the state initially charged you with. In exchange, the prosecutor agrees to ask the judge to accept the plea. Prosecutors agree to this because:

  • When you plead guilty there is no trial, and that saves the prosecution a lot of time and effort; and
  • The prosecutor doesn’t want to take the risk of losing at trial.   

DWAI (Driving While Ability Impaired) or reckless driving are examples of lesser charges that you might plead guilty to. Sometimes it is best to just fight it out in court and go for a complete acquittal then to plea bargain for a lesser offense. In other circumstances, it is better to plea bargain. A Denver DUI attorney can help you decide.

How to Handle Your DUI Stop

Getting pulled over for a DUI can be a worrying situation, especially if you had a drink or two earlier in the evening. Your behavior during the stop can mean the difference between going home and going to jail for the night. Here are a few tips to handle your DUI stop:

  • Always Be Polite – Respect will get you farther than aggression will. Obey any directions given by the officer, and maintain a polite tone when answering questions. Often, you will receive respect in return.
  • Cooperate, But Do Not Incriminate Yourself – The officer will ask questions to look for further probable cause. If you were stopped, they should already have a reason to be suspicious that you are intoxicated. These questions are designed to let them evaluate your functioning and see if you will incriminate yourself. Be vague with your answers, and never tell them how much you had to drink, where you are coming from, or other information that could lead them to believe you are drunk. They will also be looking for physical signs of impairment, such as bloodshot eyes, slurred speech, and the inability to maintain conversation or eye contact. Comply with any requests, such as providing your license and registration. Resistance to reasonable requests can be interpreted as hostility.
  • Understand Expressed Consent Laws – Colorado’s expressed consent law states that any driver lawfully arrested on suspicion of a DUI consents to a chemical test of their blood or breath for the purpose of determining their blood alcohol content (BAC) level. If you refuse consent, an officer cannot force you to take a test, but they can suspend your license. The period of suspension is 1 year for the first refusal, 2 years for the second, and 3 years for the third. If you have caused harm through an accident however, you can be forced to take the test.
  • Use Your Miranda Rights – Though your rights are only read if you are taken into custody, you are still able to demonstrate your rights before arrest. You are not legally required to admit that you have been drinking to the police or provide other information that can be used against you in court. Do not be intimidated into speaking. Meet any requests for information with a statement that you will not answer further questions without your attorney present.
  • Contact a DUI Attorney Immediately – If you are arrested, you will be granted one phone call. Be sure to have the number of an experienced DUI defense lawyer on hand. This call can mean the difference between engaging the services of an attorney of your choice or having to work with an assigned public defender.

Frequently Asked Questions (FAQs)

Can Colorado charge DUI as a felony?

Yes. Although Colorado normally charges DUI or DWAI as a misdemeanor, a fourth offense DUI or DWAI is a class 4 felony. Unlike many other states, Colorado does not apply a “lookback period” to determine how many offenses you have committed. The court will even count a 50-year-old conviction against you.

Colorado can also charge you with a felony, even for a first-offense DUI or DWAI, if you cause an accident that kills someone else or causes them serious bodily injury. Penalties for a felony DUI can include years in state prison as well as other punishments. The more serious your charge, the more critical it is that you use the help of an experienced Denver DUI lawyer who is committed to protecting your rights.

Are DUI checkpoints illegal? 

A DUI checkpoint is a place where every driver must stop while an officer determines whether they are intoxicated. This might happen on New Year’s Eve, for example.

DUI checkpoints are illegal in many states because they allow the police to check sobriety without any particular cause for suspicion. Generally speaking, DUI checkpoints are legal in Colorado. However, DUI checkpoints are illegal under certain circumstancesーif they are conducted in a manner that constitute racial profiling, for example.

What are some common DUI defenses?

Many potential defenses might apply, depending on the circumstances. Following are a few examples of DUI defenses:

  • The weight of the prosecution’s evidence is not enough to establish that your BAC was at least .08%;
  • You suffered from a medical condition that caused a misleadingly high BAC reading;
  • The officer lacked probable cause for pulling you over;
  • The police unlawfully arrested you (simply failing to “read you your rights” is not likely to constitute a complete defense, however);
  • The police bungled the DUI test (a breathalyzer, for example), thereby calling into question the accuracy of the results; or
  • You drank most of the alcohol in your bloodstream immediately before the police pulled you over, causing your BAC to exceed .08% only after you had already left your vehicle in response to the traffic stop—otherwise known as the “rising BAC defense”.

Many more defenses are possible, depending on the facts of your case. A DUI attorney is essential if you want to identify the most relevant and useful defense for your case.

Get Dedicated DUI Defense from Gerash Steiner Blanton, P.C.

At our Denver law firm, we focus on the best interests of our clients first and foremost. We strive to be accessible to our clients so you know what is going on with your case from beginning to end. We provide our clients with our personal cell phone numbers so you can always talk to us when you need to.

Our experienced legal team also handles other types of criminal charges cases, including:

Arrested for DUI? Call Gerash Steiner Blanton, P.C. today to schedule your free consultation with a caring legal professional who is prepared to offer the aggressive advocacy you need.