DUI Lawyer

DUI Lawyer

by | May 25, 2023 | criminal law matters, DUI Lawyer

DUI Lawyer

Colorado DUI Accident and Injury Cases: The Impact of Negligence – DUI lawyer

In cases involving DUI accidents and injuries, negligence is a major factor. When a driver is intoxicated, they are deemed negligent since they have broken their obligation to drive safely. They are responsible for any damages or injuries brought on by an accident they cause due to this breach of duty. In Colorado, accident victims who were involved in a DUI-related incident may file a personal injury lawsuit against the at-fault driver to recover damages.

 

DUI-related accidents that result in injuries in Colorado: Potential Criminal Charges and Penalties

When a DUI collision ends in harm or death, the motorist may be subject to extra criminal charges and punishments. Depending on the extent of the injuries or whether a fatality occurred, these charges may include vehicular assault or vehicular murder.

 

A felony conviction for vehicular assault carries a maximum sentence of three years in jail and a fine of $100,000. A more serious crime known as vehicular homicide carries a maximum sentence of 12 years in jail and a maximum fine of $750,000. The particular punishments will vary based on the facts of the case, the driver’s prior convictions, and other elements.

 

The Value of Getting Legal Counsel When Facing DUI Charges Associated with Injuries

Being accused of DUI after suffering injuries can be terrifying and have far-reaching effects. To properly defend your rights and deal with the difficult legal process, you must choose an expert DUI defense lawyer.

 

The Function of a DUI Defense Lawyer

A DUI defense lawyer focuses on defending people accused of driving under the influence. Their job is to guide their clients through the convoluted legal system, put up a solid defense, and bargain with the prosecution to get the best result possible. They are knowledgeable about DUI laws, processes, and various defenses that may be available in such circumstances.

 

How a Defense Attorney Can Defend the Accused’s Rights

A capable defense lawyer is essential to upholding the accused’s rights throughout the legal process. They make ensuring that any evidence gained during the arrest is legitimately obtained, and that their client’s constitutional rights are protected. They can also contest the reliability of chemical tests, field sobriety tests, and the arresting officer’s observations. By doing this, they can assist their clients in avoiding or minimizing the severe consequences of a DUI conviction.

 

Advantages of Hiring a Denver Specialized DUI Attorney

Comparing a regular criminal defense attorney to a DUI specialist has various benefits. DUI attorneys can spot any procedural mistakes or flaws in the evidence since they have significant understanding of the relevant rules and regulations pertaining to DUI trials.

 

Additionally, they have experience negotiating with prosecutors and navigating the legal system, boosting the likelihood that their clients will have a good verdict. Last but not least, qualified DUI lawyers are well-equipped to counsel their clients on possible alternatives to typical punishment, such diversion programs, that may be available in their area.

 

Factors that Reduce Risk and Defenses

Understanding all of the potential defenses and mitigating circumstances is essential when navigating DUI situations involving accidents and injuries. These factors are essential to a successful defense plan since they have the power to dramatically decrease punishments or perhaps have charges dropped.

 

Frequently Used Defenses in DUI Cases Involving Accidents and Injuries

Several defenses may be utilized in DUI trials involving accidents and injuries to contest the accusations or the evidence presented against the accused. Common countermeasures include:

 

Contesting the legality of the traffic stop: The evidence gathered during the stop may be suppressed if the officer did not have a valid justification for making the stop.

denying the validity of a field sobriety test False positive test results may occur from elements including inadequate illumination, uneven surfaces, or medical issues.

Contesting the accuracy of chemical tests: Blood and breath tests may contain errors as a result of incorrect sample handling, administration, or calibration.

The Impact of Mitigating Factors on Penalties Reduction

Penalties for DUI charges involving accidents and injuries can often be reduced by mitigating circumstances. These elements could be the accused’s lack of prior DUI convictions, their desire to participate in alcohol education or substance misuse treatment, or their ability to show sincere sorrow. By outlining mitigating circumstances, a defense lawyer might make the case for lowered charges, lighter punishments, or other sentencing choices.

 

Examples of Effective Defense Techniques

In DUI cases involving crashes and injuries, effective defense tactics frequently combine contesting the evidence, outlining mitigating circumstances, and bargaining with prosecutors. For instance, a defense lawyer may be successful in arguing that the police lacked sufficient grounds for the traffic stop, which would result in the charges being dropped.

 

Alternately, they could work out a plea deal where the accused agrees to go to a program for substance misuse in exchange for a lesser charge or less severe punishments. Every case is different, and a knowledgeable DUI defense lawyer will adjust their tactics to the particulars of their client’s case.

 

For assistance with your arrest or charge, contact our Denver DUI attorney.

 

 

DUI lawyer
Colorado DUI

Colorado DUI

by | May 25, 2023 | criminal law matters, DUI Lawyer

COLORADO DUI

A Colorado law enforcement officer normally pulls over a driver on suspicion of drunk driving before making an arrest for DUI. The policeman may see indicators of alcohol, traffic offenses, or unpredictable driving conduct. For a Colorado DUI, once the car has been stopped, the officer will speak with the driver to determine how intoxicated they are. Keeping an eye out for symptoms like slurred speech, the scent of alcohol, or bloodshot eyes.

 

Colorado field sobriety tests and chemical tests

Field sobriety tests (FSTs) may be administered to the driver if the officer suspects intoxication. By assessing the driver’s balance, coordination, and attentiveness, these tests assist in determining their level of intoxication. The Walk and Turn, One-Leg Stand, and Horizontal Gaze Nystagmus (HGN) tests are typical FSTs.

 

In order to determine the driver’s BAC level, the officer may also ask them to submit to a chemical test, such as a blood or breathalyzer test.

 

Drivers in Colorado are subject to the state’s Express Consent Law, which mandates that they agree to a chemical test if a police officer properly requests one of them. If you don’t comply, you could face license revocation and other consequences.

 

the driver’s obligations and rights During a Colorado Arrest

Drivers in Colorado have a number of rights and responsibilities when they are arrested for DUI. When asked by the officer, they must present identity and evidence of insurance. Drivers do, however, have the option to keep silent and avoid implicating themselves.

 

They can ask for an independent blood test to confirm the outcomes of the initial chemical test while still adhering to the Express Consent Law. Finally, motorists are entitled to legal advice in order to safeguard their interests throughout the legal procedure.

 

DUI Arrest with Injury and Accident

DUI charges resulting in collisions and injuries carry far harsher penalties for intoxicated drivers. If you are charged with this crime, it is imperative that you comprehend the implications of these cases.

 

Additional Effects of Accident-Related Behavior Driving While Intoxicated in Colorado

In Colorado, getting into an accident while under the influence carries more harsher penalties than a regular DUI arrest. The driver might be hit with more accusations, heftier penalties, and longer jail terms. In addition, the driver can be responsible for the victims’ damages in terms of property damage, medical costs, and other costs.

 

 

Colorado DUI
DUI Lawyer

DUI COLORADO

by | May 25, 2023 | DUI Lawyer

DUI COLORADO

Our legal staff is committed to offering top-notch advice and representation in a range of professional areas, including DUI defense. Our group of knowledgeable lawyers is dedicated to guiding clients through the convoluted legal system and obtaining the best results for their cases. Here is some information on DUI Colorado.

 

Driving while intoxicated (DUI) is a serious crime with lasting repercussions, especially when it results in an accident and injuries. Serious penalties, a loss of driving privileges, and even jail may result from such offenses. Both the accused and the victims must comprehend the complexities of a DUI arrest with accident and injury.

 

Contact us for a free initial consultation to go through your case if you ever find yourself in a scenario where you require legal representation.

 

Understanding Colorado’s DUI Laws and Charges

In Colorado, operating a motor vehicle while intoxicated by alcohol, narcotics, or other substances is known as driving under the influence, or DUI. DUI regulations seek to safeguard public safety and avoid accidents.

 

A driver is considered legally intoxicated in Colorado if their blood alcohol content (BAC) is 0.08% or greater. Lower BAC restrictions, however, apply to business drivers and those who are younger than 21.

 

Charges for Different Forms of DUI in Colorado

In Colorado, there are many DUI charges that can differ based on the driver’s BAC and prior convictions. These fees consist of:

 

DUI: A charge for motorists who have a BAC of at least 0.08%.

Drivers with a BAC between 0.05% and 0.08% are charged with DWAI (Driving While Ability Impaired), a less serious offense.

When a driver’s blood alcohol content (BAC) is far above the legal limit or when other aggravating circumstances exist, the charge of DUI is upgraded to an aggravated DUI.

Colorado’s legal limit for blood alcohol content

Colorado has set legal BAC thresholds that specify when a driver is deemed to be intoxicated:

 

The allowed limit for drivers 21 and older is 0.08%.

The threshold for professional drivers is 0.04%.

A “zero tolerance” policy with a 0.02% restriction is in place for drivers under the age of 21.

To avoid the serious repercussions connected with a DUI arrest in Colorado, it is imperative to be aware of the legal restrictions and potential charges.

 

Our group of skilled DUI defense lawyers will work relentlessly to uphold your rights, develop a solid defense, and seek the best result for your case. Don’t be afraid to ask for the help and direction you require during this crucial time. Get in touch with us right away to talk about your arrest or charge and to explore your alternatives.

Criminal Defense Attorney
Criminal Defense Attorney in Colorado

Criminal Defense Attorney in Colorado

by | May 25, 2023 | criminal law matters, DUI Lawyer

Criminal Defense Attorney in Colorado

You may feel overburdened and unsure of what to do next if you, or someone you know and care about, has been detained and is being prosecuted on criminal accusations. Let’s face it: it can be challenging to recollect every detail of the next dump of information when you are arrested or receive a call from someone who has been detained and needs your assistance. At this point, having an experienced person on hand makes the whole scenario more manageable and straightforward to navigate. There are a number of reasons to enlist the aid of a private defense lawyer in these delicate circumstances, as it could mean the difference between a fine and a prison term. Consider getting a dedicated specialist to work with you.

Criminal attorneys are knowledgeable of the law and can raise numerous defenses

Criminal law in Colorado is intricate. Other elements of each law might not be disclosed to or known to the person charged. Finding the best defense is essential to a successful outcome, as is having all the pertinent information about a case. When a dismissal is not attainable, a committed criminal defense lawyer will argue for a reduced charge or dismissal.

Local lawyers also have connections with judges and courts, and they are familiar with the particularities of each court district and previous rulings. These details might not seem important, but if you’re facing criminal accusations, even the smallest details can have a big impact on how your case turns out.

Criminal defense lawyers are skilled at gathering credible evidence on your behalf.

Experienced defense lawyers are specialists in compiling proof to effectively support your case and build the strongest possible defense. Only a comprehensive and well-organized presentation of your side of the story will be taken into account by the courts. A skilled attorney will acquire witnesses as well as actual proof. Established lawyers have connections in the community and have access to reliable experts who can make a big difference in your case.

The Assistance of A Skilled Attorney Offers Direction

Although the majority of people do not consider the level of support a criminal defense lawyer provides, it is a professional’s responsibility to communicate frequently and effectively with clients and never leave them in the dark about what is happening. The greatest defense lawyers are constantly accessible to their clients during the proceedings and will adjust anything that can be to their advantage. Because dealing with criminal charges is an emotional event that impacts not just the defendant but also others close to them, there will be times when the attorney’s role will include providing emotional support.

Gathering information to ensure that no rights were violated

Everyone has witnessed it unfold in a well-known court case. A claim may be dismissed if someone’s rights are infringed, invalidating it. Although the majority of people in the United States are aware of some of their constitutional rights when they are being arrested, police enforcement must adhere to a strict protocol, and only someone with legal training and background is aware of every detail. When facing criminal accusations, it is not worth the risk to take on your own defense because you run the danger of missing a chance that could have made a big difference in your case.

 

Inadmissible evidence can be produced as a result of errors made by the arresting officers and cannot be utilized against you. Anything that may be taken out of the case is advantageous!

The Laws Are Changing Constantly

Laws in Colorado are subject to alter without the public’s knowledge. Only lawyers and anyone working in the legal sector are aware of the legislative changes that are about to take place.

Without experience, negotiating sentence terms might be challenging.

There is a window of opportunity for plea deals when a criminal case is scheduled for trial. Although it is required by state law to provide a free defense attorney, these lawyers frequently need assistance and opt for the bare minimum agreement. Anyone facing criminal charges that are not dismissed should think about entering into a plea bargain deal because a court hearing costs the state and taxpayers money.

A competent lawyer can offer significant support and direction in a wide variety of aspects of a criminal case. Avoid hesitating or attempting to represent yourself alone when you are facing criminal accusations. When it matters, get in touch with an expert for a free consultation, and only select the person you believe can best represent you and get the greatest result!

For more information on Criminal Defense Attorneys in Colorado or to schedule a free consultation visit https://criminallawmatters.com or call directly at 720-736-8601

This blog was written May 8th 2023

 

 

Criminal Defense Attorney
DUI Lawyer

DUI Lawyer

by | Mar 4, 2022 | DUI Lawyer

DUI Lawyer

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Visit: 44 Cook St, Denver, CO 80206 or 19261 East Bromley Lane, Brighton, CO 80206

DUI Attorney Denver

Criminal Law Matters Law Firm provides experienced DUI defense representation in all Denver metro area counties, including all misdemeanor and felony cases related to Driving Under the Influence. Our law firm accepts DUI cases within the state of Colorado only, and most commonly provides defense representation in Denver, as well as the entire Denver Metro Area.  Call for a FREE Consultation today.

DUI Defense Experience

A veteran of hundreds of DUI defense cases in the State of Colorado, Criminal Law Matters will carefully examine the evidence of each case to give you the best possible chance of avoiding a conviction for DUI or DWAI. (These charges may be called OWI or DWI in other states.) Analyzing the scientific accuracy of your blood or breath test, the legality of your traffic stop, whether your field sobriety tests were given to you properly, and whether all of your rights were explained to you – are all part of the defense of every DUI case.

DUI Lawyer

Many Colorado attorneys erroneously believe that DUI cases are straightforward and that, unless there is a glaring flaw in the evidence, they should advise their client to enter a guilty plea. DUI cases actually entail a lot of layers of analysis, including challenging science, and are therefore highly difficult. In the event that the evidence against you can be disproven, Criminal Law Matters Law Firm has the training and knowledge to prevent your conviction. Their  judicial expertise will also aid in lessening any punishments you might receive.

Conviction for DUI can have far-reaching effects. In Colorado, the penalties for DUI and DWAI, sometimes known as driving while intoxicated or impaired, can be severe. Your driving privilege could be suspended for 90 days even after a first infraction. Even on your first violation, you could receive a mandatory jail sentence if your blood alcohol concentration (BAC) is high enough. Moreover, obligatory jail terms apply to second and subsequent offenders.  Depending on the county you appear in, the punishments may vary. For instance, your punishment will probably be harsher if you must appear in court in Golden, Colorado, as opposed to Denver.  Criminal Law Matters Law Firm has appeared in front of all Denver metro area judges, and will be able to advise you of the likely penalties before you go to court.

A drunk driving conviction has repercussions outside of the courtroom. If you have a professional driver’s license, a DUI conviction could result in you losing your job, even permanently. Any line of work, even non-driving positions, might be impacted by a conviction. It could stop you from getting a professional license or even from getting into a university or institution. Also, there are serious financial repercussions, such as fines, restitution, the price of an alcohol treatment program mandated by the court, and higher auto insurance rates.

 

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F A Q

What are the DUI laws and penalties for someone under 21 in Colorado?

Colorado’s UDD laws reflect the state’s “zero tolerance” policy for underage drinking. A first-time UDD – also called “baby DUI” – is a class A traffic infraction punishable by a 3-month license revocation, 24 hours of useful public service, $100 in fines, alcohol/drug classes, but no jail time.

What happens when you get your first DUI in Colorado?

The typical penalties for a first-offense DUI in Colorado include 48 to 96 hours of community service, a fine of $600 to $1000 plus court costs, 2 years of probation, a 9-month license revocation and alcohol or drug education classes.

Is a DUI a felony or misdemeanor in Colorado?

In Colorado, DUIs are typically filed as misdemeanors. But in some circumstances, a DUI may be filed as a felony. A DUI is considered a felony offense if: It’s your 4th or more DUI offense.

How long does DUI stay on record in Colorado?

In Colorado, if you are convicted of a DUI offense, that conviction will remain on your criminal record indefinitely. In other words, it can end up following you around forever.

Can DUI be expunged in Colorado?

A Colorado DWAI conviction remains on your criminal record forever. There is no way to seal or expunge DWAI (or DUI) convictions of people prosecuted in Colorado criminal court. The only exceptions involve convictions of the Colorado crime of underage drinking and driving (UDD) and juvenile court cases.

Is there mandatory jail time for a DUI in Colorado?

Colorado DUI laws require a mandatory 60 consecutive days in county jail for third DUI offense. This is mandatory which means the court cannot suspend any part of the time. There is no good time credit; you would most likely have to serve the entire 60 days.

What is the punishment for DUI in Colorado?
Offense Jail Term Range Fines
1st DWAI 2 days – 180 days $200 – $500
1st DUI 5 days – 1 year $600 – $1,000
2nd Offense – outside of 5 years 10 days – 1 year $600 – $1,500
2nd Offense – within 5 years 10 days – 1 year $600 – $1,500
Is Colorado a no tolerance state?

Blood Alcohol Concentration (BAC) Limits in Colorado

Additionally, Colorado enforces a “zero tolerance law” for drivers under the legal drinking age of 21 years old whereby any BAC of 0.02-0.05% could result in an Underage Drinking and Driving infraction conviction

What is the difference between DUI and DWI in Colorado?

DUID in Colorado

DUID, or driving under the influence of drugs, is either a DUI or a DWAI in the state of Colorado. A DUI is a charge for driving under the influence, while a DWAI is for driving while ability impaired. An individual suspected of DUID must submit to a blood test rather than a breathalyzer.

What constitutes a DUI in Colorado?

While the nationwide legal limit is 0.8%, if you are pulled over in Colorado and your breath test shows a blood alcohol level between . 05 and . 08%, you can be charged with a DWAI.

DUI

Driving While Intoxicated (DUI) accusations include the risk of jail time as well as the loss of driving privileges. A DUI defendant, like any other criminal defendant, makes a big error if someone tries to navigate the system without a strong defense lawyer on their side.

If you have been caught for a DUI in Denver, Colorado, you will confront zealous prosecutors in court. You will require the services of a competent, experienced, and aggressive attorney.

Many individuals believe that being arrested for DUI automatically results in a conviction. The fact that you were arrested for a DUI is only the beginning of the process. The outcome of your lawsuit might be determined by a number of things. These numerous elements can influence whether you receive a good plea agreement, a victory, or a case dismissal.

Colorado's Expert Defense Attorney

We represent clients accused of a wide range of criminal charges, from small traffic violations to homicides and sex assaults. In the courtroom, our company has a demonstrated track record of success. We’ve tried cases in every county in the Denver metro region, earning the respect of prosecutors, judges, and other criminal defense lawyers. Our firm recognizes that defending a criminal case successfully necessitates a thorough defense investigation, the capacity to identify and argue complicated legal problems, and the determination to go to trial. Perhaps most significantly, none of our clients are seen as “just another case.” We can sympathize with each client by putting ourselves in their shoes and seeing the situation from their perspective.

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