Colorado Springs DUI Lawyer Making a Difference for You
Colorado has some of the harshest laws in the country regarding driving under the influence of drugs or alcohol. Securing the professional legal representation of an experienced DUI lawyer is a smart move, and you should do so as soon as possible after you are charged with driving under the influence (DUI), driving while your ability is impaired( DWAI), or driving under the influence of drugs (DUID). An experienced DUI attorney from The Lux Law Firm, PLLC can help you build a solid defense and fight for your rights under the United States criminal justice system. Call our Colorado Springs office today at 719-496-2177.
What Leads to a DUI Charge?
You can be charged in Colorado with driving under the influence (DUI) or driving under the influence of drugs (DUID) if your blood alcohol level is tested and shown to be at or above 0.08, a chemical test shows drug intoxication or your ability to drive is substantially impaired by drug or alcohol consumption. To be charged with a DUI, you must have been shown to be intoxicated by a chemical test result or a breathalyzer reading of 0.08 or higher. If your intoxication or impairment is observed by a law enforcement officer but you either were not tested or tested at a level below 0.08, you may be charged with driving while your ability was impaired (DWAI), which carries penalties that are slightly less harsh than those for a DUI. In order to prove DUI or DUID, prosecutors can rely on the science of chemical and breathalyzer testing. To gain a conviction for DWAI, however, a prosecutor must prove beyond a reasonable doubt that you were impaired while driving. Without this concrete evidence, this can be a much more difficult task. With the help of an experienced criminal defense attorney in Colorado Springs, you can make that task even more difficult.
What Are the Consequences of a DUI Conviction in Colorado?
For a first DUI offense that was proven by a chemical or breathalyzer test in Colorado, you may have to serve a jail sentence of 5 days to 1 year, pay a fine of up to $1000, suffer mandatory revocation of your driver’s license for up to 9 months, fulfill a community service obligation of up to 96 hours, and attend alcohol education classes. If your blood alcohol content was tested and shown to be 0.20 or higher, there is a mandatory minimum sentence of at least 10 days in jail for a first offense. There are other reasons a judge might impose an enhanced penalty in a DUI case, as well, and these may also involve mandatory jail time.
If you were not given a chemical test or if the test you were given showed a blood alcohol content below 0.08, you may be charged with DWAI, which carries less severe penalties than DUI. The potential sentence for a DWAI conviction may include 2 to 180 days in jail, a fine of up to $500, community service of up to 48 hours, and 8 points against your driver’s license.
Do I Have to Agree to Have My Blood Alcohol Content Tested?
Colorado is what is known as an implied consent state. This means that by getting behind the wheel of a car, you have given your consent to have your blood alcohol tested if a law enforcement officer suspects that you may be driving under the influence. If you refuse to test, you may have your license suspended for up to one year, and the prosecution at your trial may argue that your refusal to test was an admission of guilt. You may have your license reinstated if you agree to take alcohol education classes and use an ignition interlock device on your car for up to two years. These are administrative penalties, not criminal penalties, and they can be imposed even if you are not ultimately convicted in the DUI case against you. The laws around DUI in Colorado can be confusing and the penalties can be harsh. An experienced DUI lawyer from The Lux Law Firm can help to ensure that you handle your DUI case in the best way possible. Call us today at 719-496-2177.
Is a DUI a Misdemeanor or a Felony in Colorado?
In most cases, a DUI, DUID, or DWAI is treated as a misdemeanor in Colorado. If the defendant is convicted of any of these crimes for the 4th time, however, or if another person was injured or killed by the impaired driver, the charges can be raised to a felony. If convicted of felony DUI or DWAI, the penalties are harsh. A 4th DUI conviction or conviction with bodily injury can result in anywhere from 2 to 6 years in prison and up to $500,000 in fines. A DUI conviction in which the death of another person was caused can result in 4 to 12 years in prison and up to $750,000 in fines. The judge does have some leeway in sentencing for felony DUI convictions, taking into consideration the defendant’s willingness to participate in an alcohol and/or drug treatment program and whether other penalties are available that may be successful and do not pose an unacceptable risk to public safety.
Why is The Lux Law Firm the Right Choice for My DUI Defense?
In the past, our principal criminal defense lawyer has worked as a prosecutor. While he now defends those who have been charged with crimes like driving under the influence rather than prosecuting them, his time as a prosecutor taught him the likely strategies prosecutors might use and how best to defend clients against DUI or DWAI charges. Call us today at 719-496-2177 to get started protecting your future.