Driving Under the Influence of Alcohol

Driving Under the Influence in Colorado, C.R.S. 42-4-1301

Not everyone stopped by police in Arapahoe or Jefferson County for Driving Under the Influence, C.R.S. 42-4-1301, should be treated the same. Many have been out for an evening of socializing and simply had a few drinks without a designated driver. They are not in need of extensive therapy. Your experienced DUI attorney at the O'Malley Law Office, P.C., will ensure you are not warehoused with serious alcoholics, but only get the minimum treatment necessary.

DUI charges result in an arrest and mandatory court appearance, which is difficult to endure. Before court, your lawyer will have the opportunity to receive discovery from the District Attorney. Within these documents, police reports are critical to learning what the government will be telling a judge or jury what they think you've done. An experienced DUI lawyer in Adams and Douglas County will examine police evidence and determine whether they had reasonable suspicion of criminal activity for the stop and probable cause for the arrest.

Voluntary roadsides are used by police to support their arrest decision (and establish Probable Cause to Arrest), so it is usually best to decline them. If police feel they have enough to make their arrest (which is harder to do without "roadsides"), they will take you to the Denver, Aurora or Arvada Police Department or a county jail to have your Blood Alcohol Content Tested. You will be required to choose between a blood test or a breath test.

The Importance of Your Blood Alcohol Content

Your Blood Alcohol Content (BAC) is a very important component of the government's case against you in Larimer and Grand County. If your BAC is .08 or greater, there is a presumption that you were driving a motor vehicle under the influence of alcohol. While that presumption is rebuttable, it is our experience that such a presumption is difficult to overcome. Police and District Attorneys will point to your driving behavior as evidence that you were under the influence. They will cite circumstances like speeding, driving the wrong way on a one way street, or failure to turn on your lights as evidence of the DUI.

Recent Law Changes for DUI: First Time DUI Can be a Felony

Recent Colorado law changes have made a fourth in a lifetime DUI a class 4 felony, with a potential prison sentence of up to 6 years.  Other crimes which can comprise the three prior offenses to get a driver to a felony level are DUI per se, DWAI, vehicular homicide involving alcohol, and vehicular assault involving alcohol. Any combination of these crimes, with a new DUI, will result in the DUI being charged as a felony DUI.  In fact, if you have three of these offenses on your record, your FIRST DUI can be a felony.

Our Experience and Relationships Will Benefit You

At court, your lawyer will have an opportunity to speak with the District Attorney and judge. The goal is to evaluate where the DA is coming from and either set the matter for trial or work out a plea agreement. Plea agreements can vary widely and their terms will impact the level of your probation term, treatment requirements and fines. Before your lawyer sets your case for trial, be sure you are personally convinced your case can be won.

Our DUI attorneys are experienced in Colorado DUI law and have relationships with Deputy District Attorneys. We can speak frankly with them about your case and the current DUI law. They respect our opinion because we know criminal law well. Don't send a part-time DUI lawyer to meet the DA on your behalf. Your job and driving privilege are on the line.

If the police pull you over while driving and you've been drinking, don't agree to do the roadsides, be smart, exercise your right to remain silent and call the experienced DUI lawyers at the O'Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.

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