Colorado Springs DUI Lawyers
DUI Tips
Being arrested for driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado presents several challenges and is a serious issue. DUIs and DWAIs can have a negative impact on your future, your finances and your job. Here, you'll find 10 tips on how to avoid a DUI in Colorado as well as what to do if you're arrested and charged.
1. How to Avoid a DUI in Colorado
A DUI is a serious offense in the state of Colorado. The best way to avoid a Colorado DUI is to simply not drink and drive. Alcohol affects each person differently and many factors contribute to a person's level of intoxication. Factors such as gender, height, weight, rate of alcohol consumption and food intake all play a role in determining a person's blood alcohol level.
2. The Guilty Plea Debate
If you choose to plead guilty before speaking with an experienced Colorado Springs criminal defense attorney, you will forfeit your right to present a defense in the courtroom. A Colorado Springs DUI conviction on your record can negatively affect not only your personal life, but your career. In addition, you'll face fines, driver's license suspension, community service and possibly jail time. Do NOT admit guilt until you have explored all of your options.
3. Criminal Penalties for a CO DUI
Criminal penalties are nothing to joke about when it comes to a DUI in Colorado. Depending on how many DUIs you have on your record, you may face a minimum jail sentence (if it is your first offense, you may be able to substitute jail time for an alcohol treatment program), pay large fines, increased insurance premiums, revocation of your license for an extended amount of time and other charges.
4. Administrative Penalties for a Colorado DUI
The severity of civil penalties, like criminal penalties, depends on whether or not your current DUI charge is your first one. If it is your first, you may be facing a fine, points on your license, installation of an ignition interlock device, and public service hours. If you have more than one DUI on your record, you may be required to install an ignition interlock device, face steeper fines, jail time and license revocation.
5. Choosing the Right Colorado DUI Attorney for You
You're going to want an experienced Colorado Springs DUI attorney by your side to help you understand your legal rights and make the best decision for you. There are several ways to go about finding one, including personal references from friends or family, searching the Internet, going in for consultations and calling the Colorado State Bar Association.
6. The Legal Process: What Happens After Your DUI Charges are Filed
The legal process in Colorado starts shortly after you've been arrested. First, a Complaint is issued, which is a legal document that accuses the offender of driving under the influence. Then comes a Summons to appear in Court, followed by the Arraignment which is where a judge will read the charges against you and you plead guilty or not guilty. If you plead "not guilty," your case will move to trial. Next, you and your attorney will have the opportunity to engage in a Pre-trial Conference with the prosecutor. The next step is a Motion Hearing where your lawyer may request that certain evidence be made inadmissible. Here, you may choose to enter a plea bargain and waive your Constitutional right to a trial. If you choose to go to Trial, your case will he heard in front of a judge and jury. If you are found guilty, the next and final step of the legal process is the Appeal where you and your attorney may fight the verdict.
7. DWI and Your Career
A DWI, DUI and DWAI can all have negative impacts on your professional life. Many occupations that require certifications and licenses require you to report any convictions to the licensing board. Professionals such as commercial truck drivers, nurses, lawyers, pilots and others are all required to report DUI convictions and could face disciplinary action from their licensing boards in addition to the penalties already handed down from the state.
8. Pull Over! You've Been Stopped for DUI
If you're driving and you're stopped on suspicion of driving under the influence, driving while intoxicated, or driving while ability impaired, pull over to the side of the road safely. Be polite and courteous to the officer and remember to stay calm. The officer may ask you to perform one or more Standardized Field Sobriety Tests such as following a pen light, walking a straight line or standing on one leg. It is typically best to refuse the Standardized Field Sobriety Tests. In addition to, or instead of a breathalyzer test, you may be asked to submit to a chemical test to determine your blood alcohol content (BAC). If you refuse to take a chemical test, you may face a longer revocation period.
9. Out of State Drivers and the CO DUI
Colorado is known for its beautiful scenery and many tourist attractions. With so many people travelling to Colorado from other states, it's easy for some motorists to forget that if they decide to drink and drive here, they will have to face consequences. Not only do drivers face penalties from the state of Colorado, but they risk the loss of their license in their home state.
10. DUI Defenses in Colorado
A DUI is a serious offense in the state of Colorado and carry serious penalties. However, there are valid defenses that an experienced Colorado DWAI attorney may be able to use when representing your case. For example, if you submitted to a chemical test, was the equipment in proper working order? Did the officer have a legal reason to pull you over in the first place? Were all field sobriety tests conducted according to federal regulations? Your lawyer may be able to discover other circumstances of your case that may earn you a lesser charge or have your DUI case dismissed altogether. When facing a DWAI, DUI or DWI in Colorado, it's best to consult with an attorney before making any decisions on your own.
We hope that these tips have provided some answers to the questions that you or a loved one may have concerning DUI, DWI and DWAI offenses in Colorado. If you'd like more information or if you would like to speak with an experienced Colorado Springs DUI attorney at The Bussey Law Firm, P.C., please contact us today.
May 15th, 2012