DUI Defense (Driving Under the Influence)

Denver DUI Defense Attorney Steven J. Pisani represents individuals charged with driving under the influence and alcohol-related traffic offenses in Colorado. There are four basic alcohol-related traffic offenses that you may be charged with in Colorado: 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.

Contacting a Denver DUI Attorney as soon as possible after a DUI or a DWAI arrest is the best way to protect your rights and freedom.

Express Consent

Colorado’s Express Consent Law requires any driver to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence or their ability to operate a motor vehicle is impaired because of alcohol, drugs or both. Defendants charged with DUI generally have only 7 days to request a hearing to protect their driving privilege.  This hearing is separate from the court hearing but can be useful in the defense of your court case if conducted by a skilled DUI attorney. The DMV can suspend your driving privilege:

  • If a chemical test is refused,  your driving privileges will be revoked for 1 year. This means no limited or probationary driver’s license,” no hardship license, simply no driving at all for one full year.
  • If you consent to a chemical test and the outcome is a blood alcohol level above the legal limits, you may qualify for early reinstatement if you comply with their conditions.

Remember that Colorado DMV has strict deadlines for requesting a hearing. Our DUI defense firm can assist with all aspects of a DUI charge, including the DMV hearing process. 

DUI Penalties

The penalties for a DUI related offense are harsh. Today in Denver, 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. Below is an abbreviated chart of the possible penalties for a DUI conviction:

 

Drunk Driving Penalties (Offense on or after July 1, 2010)

OFFENSEPENALTYFINESENTENCING ALTERNATIVES
1st DUI5 days-1 year jail, the court can suspend jail with an alcohol evaluation; alcohol classes; monitored abstinence; 48-96 hours useful public service; up to 2 years probation.$600 – $1,000In home detention or work release permitted for entire sentence.
1st DUI, > 0.20 BAC10 days – 1 year jail; the court cannot suspend 10 days; alcohol classes; monitored abstinence; 48-96 hours useful public service; up to 2 years probation.$600 – $1,000In home detention or work release permitted for entire sentence.
1st DWAI2 days – 6 months jail, the court can suspend jail with an alcohol evaluation; alcohol classes; monitored abstinence; 24-48 hours useful public service; up to 2 years probation.$200 – $500In home detention or work release permitted for entire sentence.
DUI within 5 years of one prior alcohol based driving offense10 days – 1 year jail, the court cannot suspend the 10 days. For the 10 days: must be served consecutive, no earned time, no good time; level II alcohol classes; monitored abstinence; 48-120 hours useful public service; 2 to 4 years probation.$600-$1,000No sentencing alternatives permitted for the minimum mandatory jail except for general work release.
DUI with one prior alcohol based driving offense older than 5 years10 days – 1 year jail, the court cannot suspend the 10 days. For the 10 days: must be served consecutive, no earned time, no good time; level II alcohol classes; monitored abstinence; 48-120 hours useful public service; 2 to 4 years probation.$600-$1,000In home detention or work release permitted for entire sentence.
DUI with two or more alcohol related driving offense priors in a lifetime60 days – 1 year jail, the court cannot suspend the 60 days. For the 60 days: must be served consecutive, no earned time, no good time; level II alcohol classes; monitored abstinence; 48-120 hours useful public service; 2 to 4 years probation.$600-$1,000No sentencing alternatives permitted for the minimum mandatory jail except for general work release.

 Collateral Consequences of a Colorado DUI Conviction

In addition to the mandated DUI penalty sentencing listed in the above chart, there are collateral consequences that are not always explicitly discussed at court. These consequences include:

  • Suspension of your driving privilege
  • Probation supervision fees of $50/month
  • Drug and Alcohol classes requiring months to complete, fees could be over $1,000
  • Increased auto insurance premiums (purchasing expensive SR-22 insurance for up to three years could cost of around $4,500)
  • Increased life and health insurance premiums
  • Paying for the rental and installation of an interlock ignition device in your car (could cost of around $1,200)
  • Travel and immigration consequences (e.g., you may be denied entry to Canada with a DUI conviction)
  • A permanent criminal conviction on your record
  • Career consequences with your employer or school
  • Credit ratings may be negatively affected
  • Denial of renting a car

Don’t follow one bad mistake with another. Hire an experienced Denver DUI Defense Attorney to protect your interests.

Contact us today to schedule a free DUI defense consultation to discuss your case.