If you have been arrested in Centennial, Colorado, for drunk driving (DWI or DUI), you need the assistance of a DUI criminal defense attorney who understands Colorado laws and can help you address the charges. At the Law Office of Andres R. Guevara, we are prepared to build you a strong defense so that this one mistake doesn’t ruin your life. This article explains what is involved with a DUI, and it outlines the benefits of retaining a DUI criminal defense attorney.
Defining Drunk Driving in Colorado
You are over the legal limit to drive in Colorado if your blood alcohol content (BAC) level is 0.08 percent or higher. If this happens and you are pulled over by police because they suspect you of drinking or using drugs, it is recommended that you take a breath test but opt out of field sobriety tests. It is also important that you do not speak to the police officer. If arrested, request that you meet with a criminal defense attorney who can help you defend a DUI charge.
The Consequences of Drunk Driving
Drunk driving has become a greater focus in the state of Colorado as an area that requires more aggressive policing. With laws that provide more reasons to pull a person over, the police can now leverage those to then pursue a field sobriety or Breathalyzer test. If you fail either of these tests, then there is enough evidence of driving under the influence to charge you. You then could also be subject to a blood alcohol content (BAC) test.
Once you are accused of a DUI, you have the right to an Expressed Consent Hearing at the DMV where you can fight to keep your driver’s license. You must request this hearing and then adhere to the strict hearing deadline or the DMV will suspend your driver’s license. If you were subjected to a Breathalyzer test, then you only have seven days from the date you were charged with a DUI in which you can request a hearing. If you took a blood test, then you can wait for a notice of revocation that is mailed to you and then request a hearing within the 10 days of the postmarked date on the letter.
Getting Help for Your DUI Criminal Defense
Being charged with a DUI in Colorado puts you at risk for large fines that range into the thousands of dollars, jail time, a mandatory minimum jail sentence if this is not your first offense, community service hours, driver’s license suspension, higher insurance premiums, and a criminal record that affects your ability to get a job or a mortgage loan. If you have a commercial driver’s license, you may even lose that, which is essential for many types of careers.
To help fight this DUI charge, you need an experienced lawyer who can develop a solid defense. They can help you by requesting the Expressed Consent Hearing at the DMV and guide you through that process, helping you to retain your driver’s license. Some Centennial area judges may let you serve in-home detention or a jail sentence with an electronic monitoring device to avoid jail time; a criminal defense lawyer can aim for this decision if you are subject to greater punishment for a DUI charge.
If your DUI charge involved other serious factors, such as a higher blood alcohol level, a traffic accident that was determined to be your fault, and/or injury to others, your criminal defense will become even more complicated and the punishments could be more severe.
Our law firm knows that there are specific DUI defense arguments that can be used in Centennial, Colorado, courts, which means that we might be able to persuade a prosecutor to dismiss or reduce the charges as well as retain your driving privileges.
If any of these can be challenged in terms of actual proof or if we can prevent the prosecutor from introducing any or all evidence against you, then we can build a more optimal DUI criminal defense on your behalf. Typically, police end up only having circumstantial evidence related to you driving a vehicle. There may also be proof of an improper arrest if there was no probable cause. If you go to trial with your DUI charge, you can also call witnesses to testify to help with your case, such as someone who saw that you had not had anything to drink or a doctor who can testify to the fact that you had bloodshot eyes related to a health condition or other ailment.
A good DUI criminal defense attorney can also challenge breath and blood tests. Best case scenario, your case is thrown out and your DUI charge is dismissed. There are very specific requirements for giving these types of tests to a driver. For instance, the machines must be maintained and calibrated so that they function properly. These testing devices can be called into question if we suspect that they have malfunctioned. Also, if a testing device was not properly certified, this can used to your advantage.
Working to Keep Your Life on Track
All of these examples illustrate the value an experienced DUI criminal defense attorney can bring to fighting your DUI charge. A DUI defense lawyer also understands that people do not intentionally set out to drink and then drive. We also understand that mistakes can happen in terms of how law enforcement determines DUIs. We also know that a DUI can change your life for the worst, so we are determined to fight on your behalf to help stop that change from happening.
At the Law Office of Andres R. Guevara, we put years of experience with DUI defense cases to work to help people like you fight your own DUI charges. Our goal is to listen, provide honest advise, and devise a strategy that delivers the best defense possible so that you can get the results that keep your life on track. Call us today to schedule a free consultation with an experienced, understanding Centennial, CO, DUI lawyer.