The Law Offices of Steven J. Pisani effectively represent clients who have been charged with a traffic offense. Traffic laws are typically broken up into two categories; an infraction and an offense. An infraction is not considered a crime and the penalty is usually a fine. Most traffic tickets, such as non-moving violations and non-dangerous moving violations are considered infractions. A traffic offense is more severe and can be considered a crime. These may include: driving under the influence (DUI); reckless or dangerous driving; driving without proof of auto insurance; and failure to stop at the scene of an accident (hit & run). Traffic offenses require the defendant to appear in court. We can represent most out of state drivers in traffic offense cases without them ever setting foot in the state. Call us today for a free consultation!
In Colorado, there are four basic alcohol-related traffic offenses that you may be charged with: Driving Under the Influence (DUI); Driving While Ability Impaired (DWAI); Driving With Excessive Alcohol Content (DUI per se); and Underage Drinking and Driving (UDD). The definitions of DUI and DWAI include drug use as well alcohol consumption; while the definitions of DUI per se and UDD are limited to alcohol.
In all of the offenses above, the prosecution must prove beyond a reasonable doubt that the Accused was "driving" a "vehicle." "Driving" under the DUI statute also includes "actual physical control," therefore you may be charged with a DUI even if the vehicle never moved.
The police and prosecutors can use all of their observations, your performance on roadside tests, statements you have made and results of Blood Alcohol Content (BAC) tests as evidence against you in court. This evidence can be examined by a skilled defense attorney to test its accuracy and admissibility in court.
When evaluating an alcohol-related traffic offense, our firm will investigate your case to see:
- Was the traffic stop by the police valid?
- Did the police have probable cause to request roadside sobriety tests?
- Did the police conduct the roadside sobriety tests properly?
- Was the Blood Alcohol Content tests performed correctly on properly functioning equipment?
- Were any statements made by the Accused involuntarily or without Miranda rights being read?
If evidence was gathered improperly or illegally, it may be thrown out along with your case. However, even if certain evidence is not thrown out, the answers to these questions can leave a lot of room for an effective cross examination, should your case go to trial.
The penalty for DUI related offenses are harsh. Today in Colorado, even your first DUI can land you in jail if your BAC is high enough. Second or third offenses can lead to serious mandatory jail sentences. Additionally, most convictions require the Defendant to: serve a term of probation from 6 months to 24 months; complete a community service program from a minimum of 24 to a maximum of 120 hours; complete an alcohol treatment program; and attend a Mothers Against Drunk Driving victim impact panel.
Quick DUI Stop Do's & Don'ts
1. DO NOT answer any questions other than your name, address and birth date.
Specifically, do not admit to drinking or improper driving behavior. Your statements can and will be used against you. You are certainly under no obligation to help police build a case against you, and this approach will help prevent them from doing so.
2. DO NOT agree to perform any roadside tests as these are voluntary and designed for you to fail.
You are perfectly free to politely refuse to take the Field Sobriety Tests in their entirety.
Other voluntary tests to avoid are the "eye test" or "handheld breath tester" at the scene. Because these tests are unreliable, you do not have to submit to them and your refusal to give the police this evidence cannot be used against you in court.
3. DO Take a Blood or Breath Test at the Police Station or Hospital if it's Your First DUI/DWAI.
Be polite and cooperate with the officer. If someone arrested for DUI or DWAI has refused the test, it does prevent the prosecution from introducing evidence of blood alcohol level. However, the collateral consequences are potentially severe, including the automatic loss of driving privileges for 1 year. Unfortunately, in Colorado, a person arrested for driving under the influence does not have the right to consult with a criminal defense attorney before deciding whether to give a sample of their blood or breath, or deciding what type of sample to give.
4. DO Contact an Experienced DUI Defense Attorney.
Contacting an attorney as soon as possible after a DUI/DWAI arrest is the best way to protect your rights and freedom. Remember that Colorado DMV has strict deadlines for requesting a hearing, sometimes as soon as 7 days from your traffic stop. Call us to today for a free consultation to make sure you are protected!
