If you’re facing DUI charges in Denver, understanding the basics of DUI laws and knowing your legal rights is essential. Having the right defense is key when you’re up against serious consequences.
Our Denver DUI defense attorney at The Law Offices of Steven J. Pisani can help defend your rights and fight for the best possible outcome for your case.
What constitutes a DUI and why it’s important
Driving Under the Influence (DUI) in Denver is a serious offense that involves operating a vehicle while impaired by alcohol or drugs. DUI laws exist to help keep roads safe and protect the public from the risks associated with impaired driving.
A DUI arrest can have far-reaching consequences, affecting your finances, freedom, and even your ability to drive. If you’re facing DUI charges, understanding these laws is the first step in protecting yourself.
DUI vs. DWAI: What’s the Difference?
In Denver, DUI and Driving While Ability Impaired (DWAI) are two separate offenses. A DUI charge usually involves a higher Blood Alcohol Concentration (BAC) level, while DWAI is a lesser charge for lower levels of impairment. For a DUI, the legal BAC limit is 0.08%, but for a DWAI, it drops to 0.05%.
Legal Limits for Blood Alcohol Concentration (BAC)
In Denver, the legal limits for Blood Alcohol Concentration (BAC) determine whether a driver can be charged with DUI or other related offenses. For most drivers aged 21 and older, a BAC of 0.08% or higher can result in a DUI charge.
However, Colorado law also recognizes a lesser offense called Driving While Ability Impaired (DWAI), which applies to drivers with a BAC between 0.05% and 0.08%. This lower threshold aims to address situations where a driver may not be fully intoxicated but still shows signs of impaired driving ability.
The BAC limit for drivers under 21 is much stricter, set at 0.02% due to the state’s zero-tolerance policy for underage drinking and driving. These BAC limits are crucial to understanding because they play a significant role in determining the type of charge a driver might face and the potential penalties that could follow.
Penalties and Consequences
The consequences for DUI or DWAI can vary based on the number of prior offenses and any aggravating factors. Penalties can include:
- First Offense: Fines, jail time, community service, and license suspension.
- Second and Subsequent Offenses: Higher fines, longer jail sentences, extended probation, and lengthier license suspensions.
Types of DUI Offenses in Denver
There are several types of DUI offenses that you can face in Denver. These include:
- DUI (Driving Under the Influence): Involves driving with a BAC of 0.08% or higher. Penalties may include fines, jail time, community service, and mandatory alcohol education.
- DWAI (Driving While Ability Impaired): A lower-level offense for those with a BAC of 0.05% to 0.08%. Penalties are less severe but can still impact your life.
- DUI with Aggravating Factors: When there are additional elements, such as minors in the vehicle, accidents, or extreme BAC levels, penalties become more severe.
- Underage DUI: For drivers under 21, Colorado has stricter BAC limits, making it easier for young drivers to face DUI charges.
Denver DUI Laws and Legal Process
Denver’s DUI laws are designed to keep the roads safe, but they can be complex and challenging to understand, especially if you’re facing charges. Knowing these laws and the legal process that follows a DUI arrest is essential to protecting your rights and making informed decisions.
Implied Consent Law
In Denver, drivers are subject to “implied consent,” which means that by driving on the roads, you agree to submit to a chemical test if suspected of DUI. Refusing this test can lead to automatic license suspension.
DUI Arrest Process
During a DUI stop, an officer typically asks for your driver’s license, registration, and insurance. You may be asked to perform field sobriety tests and provide a breath or blood sample. If the officer believes you are impaired, you will be arrested and taken to a police station or jail for processing.
Chemical Tests and Field Sobriety Tests
The most common tests include the breathalyzer and blood tests to measure BAC. Field sobriety tests assess coordination and balance. The results of these tests can play a crucial role in your case.
Administrative License Revocation
Even if you haven’t been convicted of a DUI, refusing a chemical test or failing it can lead to the immediate suspension of your driver’s license. You have the right to request a hearing to challenge this suspension.
I recommend Denver Attorney Steven Pisani
Mr. Pisani was incredibly helpful throughout my DUI process. As a first time offender, he was very helpful in keeping me calm and giving me all the information necessary to get through it. He was very knowledgeable about the process and made sure I was always in the loop as to what I needed to do and what he was doing to help me. He was able to get my punishment lessened because he helped me stay on top of things that I needed to do in order to show the court I was taking all necessary steps. Since it was my first offense, I asked a lot of questions and was freaking out a lot. Mr. Pisani was great at keeping in touch and making sure that I was comfortable with what I was doing. He never made any decisions without consulting me but I took his advice on most issues because he was so easy to trust from the first meeting that we had. He never made me feel like I had to accept what was offered and was willing to go through whatever it took, no matter how long it was. I never felt pressured into something or worried that he didn’t care about my case. I really felt like he cared about me as a person and not just a case number which made the process all the better. Mr. Pisani looked at all the evidence and took everything into account when managing my case rather than just the bare minimum so I really felt like I had a fighting chance. I’ve never been in trouble with the law before so it was very comforting knowing that he was doing everything in his power to help me. He was very good about responding to calls and emails whenever I had a problem or a question. If he didn’t know the answer, he went out of his way to find it rather than tell me where I should look. I felt in good hands through my DUI process. I am still going through things to put this all behind me but Mr. Pisani has assured me that he is sill there for me if something comes up down the road or if I have any other problems with my sentencing. I would highly recommend Mr. Pisani to anyone and everyone. He was very helpful and willing to fight for me as a person and not just a number. Thank you for everything you have done and continue to do for me!
Mr. A
Trial Results
John R.
Knows his stuff
John R. on
Traffic Ticket Defense
Keith
He beat my DUI
I went to Attorney Pisani because the cops arrested me for DUI but I wasn’t drunk. I found him when I went to my alcohol classes for my license and someone else there told me how great he was. I called and he made me feel like I didn’t have to take the deal from the da. We went to trial last week and when the judge read out loud NOT GUILTY I almost broke into tears because the system is set up so that you take a deal and go on. The cost of the deal would have been thousands of dollars for probation and fines but I spent far less hiring Attorney Pisani and I am free because of his work prooving my innocence because the cop was exaggerating. Through the court dates he was always friendly and sat next to me in court to make sure I was calm and understood what was going on, a lot of other attorneys sit up front and ignore their clients. I will tell anyone I meet about what kind of a lawyer and person he is.
Nik B
Great Communication and Results:
John R.
Professional and Kind:
Keith
Very caring and professional manner
Dennis Ryan
Maintained excellent communication
Samuel Ryan
Very professional
Jerol Love
Quick to call back or respond to texts
B Gilpin
Making the process as smoothly as possible
Lydia Mussack
They helped me get my ticket down
Emily Hammond
Consequences of a DUI Conviction in Denver
Understanding the full range of consequences is essential if you’re facing DUI charges, as it demonstrates the importance of taking legal action to protect your rights and future. Let’s explore what a DUI conviction could mean for you in Denver.
Criminal Penalties
A DUI conviction can lead to various criminal penalties, such as fines, jail time, probation, and mandatory alcohol education. Repeat offenders face harsher penalties, including longer jail sentences and higher fines.
Administrative Penalties
Besides criminal penalties, there are administrative penalties that affect your driving privileges. These include license suspension, ignition interlock requirements, and completion of mandatory education programs.
Long-Term Effects
A DUI conviction can have long-term consequences, such as a criminal record, increased insurance rates, and potential career impacts. For some, these penalties can change their lives drastically.
Defending Against a DUI Charge
Facing a DUI charge can be overwhelming, but it’s important to remember that being charged doesn’t mean you’re automatically guilty. Several legal defenses can be used to challenge the evidence against you and potentially reduce or dismiss the charges.
Common DUI Defense Strategies
There are several strategies that a defense attorney can use to challenge DUI charges. They may question whether the officer had a valid reason to pull you over, or they could dispute the accuracy of the breath or blood tests.
The Role of a Denver DUI Defense Attorney
A DUI defense attorney in Denver, CO, plays a crucial role in protecting your rights. They help by investigating the arrest, examining evidence, and building a defense strategy. This includes questioning the legality of the stop, the validity of the tests, and the credibility of the officer’s observations.
Case Dismissals and Plea Bargains
Sometimes, your attorney may negotiate with the prosecution to reduce charges or penalties. This could involve agreeing to a lesser charge or avoiding jail time by entering a plea bargain.
A skilled DUI defense attorney will closely examine the circumstances of your arrest, the validity of the tests conducted, and whether your rights were upheld during the process. By building a solid defense strategy, you can protect your future and work toward the best possible outcome for your case.
Choosing the Right DUI Defense Attorney
Selecting the right DUI defense attorney can make a significant difference in the outcome of your case. With so much at stake, having an experienced lawyer who understands Denver’s DUI laws and can build a strong defense on your behalf is crucial.
However, finding the best representation isn’t just about picking a name from a list. It involves asking the right questions. Here are some questions to help you determine if your lawyer is right for your case.
Qualities to Look for in a DUI Attorney
When selecting a Denver DUI lawyer, you should look for someone with experience handling similar cases. An attorney familiar with Denver’s DUI laws and court processes can offer valuable guidance and representation.
Questions to Ask During Consultation
To find the best DUI lawyer in Denver for your case, ask questions like: How long have you been practicing DUI defense? What is your experience with cases like mine? Do you know the local courts and prosecutors?
Choosing a DUI defense attorney in Denver, CO, who understands the local laws and court procedures can make a big difference in the outcome of your case. They will know local judges’ tendencies and how to best present your case.
Common Myths and Misconceptions About DUI in Denver
When it comes to DUI charges in Denver, many people hold onto common misconceptions that can lead to confusion and poor decisions. Misunderstandings about DUI laws, what to do during a traffic stop, and the potential consequences of different actions can significantly impact a case.
Clearing up these myths is essential to help you understand your rights and make informed choices if facing a DUI charge. Let’s debunk some of the most widespread myths about DUI cases in Denver.
Myth 1: You Can’t Fight a DUI Charge
Many people think a DUI charge is impossible to beat, but that’s not true. There are multiple ways to challenge the evidence and potentially get charges reduced or dismissed.
Myth 2: Refusing a Test Will Keep You Out of Trouble
Some believe refusing a breath or blood test will prevent a DUI charge. However, refusing a chemical test in Denver can lead to automatic license suspension and other consequences.
Myth 3: All DUI Charges Have the Same Consequences
Not all DUI charges result in the same penalties. The consequences depend on factors like BAC levels, prior offenses, and whether there were any aggravating circumstances.
Contact Our Denver DUI Defense Attorney Today
Understanding Denver DUI laws and knowing your legal rights is crucial if you face charges. With the help of a knowledgeable criminal defense lawyer near me, you can have peace of mind knowing that you have someone on your side, working to protect your interests and achieve the best possible outcome.
The Law Offices of Steven J. Pisani has the experience and knowledge needed to handle your case. Reach out today to start building your defense with the best DUI lawyer in Denver by your side.
