Archive for category DUI Lawyer Denver

Do I Really Need a DUI Defense Attorney If This is My First Offense?

I have been arrested for a DUI should I hire a Denver DUI Attorney”>Denver DUI attorney? Do I really need an attorney if this is my first arrest? Even if this is your first arrest for driving under the influence the first thing you should do is find a skilled attorney to defend you. The consequences faced as result from this type of arrest can be very serious. The chances of facing minimum consequences or your case even being dismissed increase with help from a Denver DUI attorney.

Penalties for drunk driving arrests and convictions are becoming more and more severe for the offender and these penalties vary from state to state across the United States. Consequences or penalties faced include an increase in auto insurance rates, the mandatory installation of an ignition interlock device, alcohol education classes, current and future employment problems. Also faced is the shame and embarrassment associated with this type of arrest for the offender and their families.

With a few exceptions all states follow the same basic guidelines and rules when dealing with DUI offenders. Blood alcohol content levels vary from state to state, in most cases the blood alcohol content must not exceed .08 percent. Listed are just a few of the important reasons to find and hire a Denver DUI lawyer who specializes in this type of case and knows the ins and outs of your states laws in order to give you the best defense. The laws geared toward drunk drivers are aimed at criminalizing offenders.

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Working Your Way Through the Judicial System After a DUI Charge

There are a lot of Denver DUI attorneys out there, how do I know how to choose one? An offender charged with driving under the influence (DUI) best chances of getting their charges dismissed is to hire the services of a skilled Denver DUI attorney as soon as possible. When facing this kind of charge. The expertise DUI defense attorneys offer is what is needed to help you get through the judicial maze involved with the due process for DUI and your only hope for the best possible outcome for your case.

Denver lawyers are able to explain to their client what the term drunk driver means and the potential consequences this client faces based on their particular situation.

Facing DUI charges means the offender it facing extremely complex consequences and penalties for their mistake. It is estimated that half million people are injured in DUI related highway crashes each year in the united states. These crashes cost the taxpayer an estimated 114 billion dollars.

An offender could face the immediate loss of their driving privileges, house arrest, prison time and hefty fines.

It is important that DUI Attorney an expert in all the intricacies and nuances involved with a DUI offense. A best defense is an excellent Denver DUI lawyer, their knowledge and preparation of a strong defense for a DUI offender.

When you have been arrested for DUI make the best decision you can and find a skilled DUI attorney who is dedicated to defending you and your rights when you are facing the solemn consequences that are part a DUI conviction.

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The Best DUI Attorney Advice Prior to Taking a Sobriety Test

If or when you are pulled over by a police officer and are suspected of driving under the influence of alcohol, do you know what to do? Advice from the best Denver DUI attorney can be the difference in the outcome of your case.

It is never advisable to drive while intoxicated. The combination of a moving vehicle and an impaired driver behind the wheel can have devastating and sometimes fatal consequences. Despite that, being pulled over while being suspected of a DUI will continue to happen to some people. If you are one of them, do you know what to do?

To begin with, never refuse to take a sobriety test. But instead of saying no, explain to the arresting officer that you need to consult with your attorney before answering any questions or agreeing to take any test. This is not considered a refusal. Above all never say, “No, I will not take the sobriety test,” or anything close to that; just ask to speak with your attorney first.

The advice from the best Denver DUI attorney will be along this line. If you are arrested, it is best that you wait to say anything until you and your attorney have had a chance to discuss the situation. It does not matter how much time has passed. If you are pulled over in the middle of the night, then you might be incarcerated until the morning when you can consult with your attorney. Accept this without any issue.

When the morning comes and you are able to consult with your attorney, then he might ask you to perform the sobriety test. Do as you are instructed by your attorney. One good aspect of this approach is that you have never refused a request from the officer to take the test. All you did was ask that they allow you to talk to your attorney first. This is your right as an American citizen.

The advice from the best Denver DUI attorney should be followed to the letter. Just remember only ask for your rights and never say no.

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You Cannot Go to Court Without an Attorney When You Are Facing a DUI Charge!

Are you scared because you recently got charged with a DUI and you do not know what you should do? Do you want to give yourself the best possible chance to get out of your DUI? The best way to protect yourself is with one of the many Denver DUI attorneys that can help defend you and negotiate for you. Here is what you could be facing.

If you go to court without an attorney you could easily spend up to 6 months in jail for your first offense and up to 2 years for your second offense. This could simply cost you your job, your family, your livelihood, and your reputation. Plus you will have to pay a very large fine for this and it will cost you a lot more than getting one of the Denver DUI attorneys in your area.

If you go to court and you have one of the Denver DUI attorneys that is in your area you could get the minimum penalties, which could be as simple as 90 days of a license suspension, 6 months on probation, and a little community service. This will be much better than some time in jail, which could cost you much more than hiring a lawyer.

Another thing you should consider is that is you have an attorney, then you have a chance of getting out of your DUI situation all together. The attorney is not just your negotiator, but also your defender, which means there could have been something wrong with the arrest and you could get out of the DUI completely.

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Denver DUI Attorney Advice

If you get arrested for DUI, the worse thing you can do is exacerbate the situation by incriminating yourself or doing something that can possibly make the charges against you heavier.

Never discuss your case with the arresting officer. Limit the information you give to what is necessary. This includes your name, birthday, permanent address, etc. Do not answer questions related to the arrest – do not tell them if you have been drinking, how much alcohol you consumed, if you were driving the vehicle, etc. You have the right to speak to an attorney before you say anything to the police. Exercise that right.

Everything that you say or do can be used against you, so stay calm and do not resist even if you think you are innocent. Avoid arguing with the police at all costs. Don’t attempt to run, and always keep your hands where the arresting officer can see them.

Contrary to popular belief, you can refuse to take any chemical test (blood alcohol concentration test) until you have spoken to a Denver DUI lawyer. You likewise have the right to set up an additional privately-administered test upon your arrest, while you are detained in the police station.

Try to write down or at least memorize the arresting police officer’s badge number, patrol car plate, etc., especially if you suspect that you have been arrested unjustly. If there are other people who can be possible witnesses, get their names and contact numbers. Immediately inform your Denver DUI attorney if you suspect that your rights were violated, so he or she can help you file a written complaint in the police station right away.

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Attorney Helps Client with DUI Charges

A Denver DUI attorney gets a number of calls each week from people who find themselves needing his or her services. A Denver DUI lawyer is commonly called upon to help a person who has been charged with operating a vehicle while intoxicated. When a charged person contacts a legal representative chances are they know very little about what happens next. Unless they have been charged before, they are typically unaware of the details which must be attended to following the arrest. Most people are more than willing to let their counsel handle the details of their case. There are several things best left in the hands of legal counsel.

Often the first thing one’s legal counsel must attend to is securing a person’s release from custody. Someone who gains their knowledge of legal matters through watching movies or television shows might have a skewed sense of this process. Fictionalized dramas can make this seem like an easy, automatic occurrence. However, that is sometimes far from reality. Several factors can affect the timely release of an accused person. Is it a first offense or is the accused a repeat offender? Can the accused individual post the necessary bail or will they be released on their own recognizance? Is the accused a resident of Colorado or a visiting tourist? Is the individual a minor or of legal drinking age? Are there any additional outstanding arrest warrants out for the accused? Has the person’s driving caused injury to another person or persons? A legal representative can make sure that the accused is aware of the charges levied against them and they can then help them secure a release from custody. Without a legal explanation of the charges, one may have difficulty understanding the charges, as read to them.

One’s legal counsel next explains to the accused, in layman’s terms, how to respond to the charges. The representative helps enter a plea for their client. Often times, if wrongly accused, that plea is a simple, “not guilty.” Other times, when a person enters a plea of “guilty,” a representative can help explain some of the potential punishments they may face. A representative can go through the arrest report to see if all the proper methods were employed. Any questions concerning improper procedure can be addressed. For example, did the arresting officer read rights in a timely fashion? Was a breathalyzer test administered? What was the blood alcohol level reading? These are all areas to be evaluated.

The next thing one relies upon counsel for is representation during the actual court proceedings. In the worst case, a guilty charge could result in jail time, but a legal representative will work hard to keep their client from serving. They may be able to help one come away with merely a fine, or perhaps mandatory attendance at AA meetings. Quite likely, an offender will incur some driver’s license restrictions as penalty for the crime. A good representative can petition the court for leniency, particularly in the case of a first offense. Reliable counsel presents one with the best opportunity to come away from a drunk driving charge with a minimum penalty.

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IMPORTANT INFORMATION CONCERNING APPLYING FOR A COLORADO DEPARTMENT OF MOTOR VEHICLE HEARING AFTER A DUI ARREST

Written by: Bill Peters

Denver Attorney

As of January 1, 2009, Colorado law requires that an individual arrested for a DUI apply for a Department of Motor Vehicle hearing following an arrest for DUI when the individual either

1) refuses to take a chemical analysis of his blood or breath or

2) submits to the chemical test and has a blood alcohol level in excess of .08.

The hearing must be requested within seven (7) days of the individuals arrest or the license revocation will go into effect immediately. The length of the revocation depends on several factors including: if you refused to take a test; your blood alcohol level; and, whether or not it is your first offense. It is important to note that should you fail to apply for the hearing within the seven day period, your license will be revoked regardless of whether you prevail on the DUI charge in Court. In other words, you will lose your right to drive even if you are found not guilty in Court.

While you may apply for the hearing in writing by mail, it is advised that you go to the Department of Motor vehicles to apply for the hearing in person. If you mail your request and the Department does not receive it in time, you will not be granted a hearing and the license revocation will go into effect on the seventh day. No excuses will be accepted by the Department.

When you apply for the hearing, you will be asked a series of questions the most important being do you want the arresting officer present at the hearing. The answer to this question is yes. If you say no, then the officer will not be at the hearing and there will be no opportunity for you or your attorney to ask the officer questions concerning the arrest which may result in you not losing your license at the hearing.

If you elect a blood test, the results of the test will not be available at the time of your arrest. In that case, the arresting agency has your blood sample tested and if the result is in excess of .08 then the Department of Motor Vehicle is notified. The Department then sends you a certified letter to the last known address on record with the Department. If the address on your drivers license is not your current address, then you need to change your address with the Department immediately following your arrest.

It is the responsibility of an experienced Denver DUI attorney to protect your rights throughout the process.   Please call the Law Office of William Peters at 303-321-8200 if you have any further questions

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DUI-DWI Information

Written by:  Nick Hantge

There are several different laws around DUI/DWI and each state varies on their punishment and regulations. Both a DUI and DWI are terms that refer to operating a motor vehicle while being impaired by alcohol or drugs. The term DUI refers to “Driving Under the Influence” while the term DWI refers to “Driving While Intoxicated”. In the United States, usually a DUI is the less significant charge of the two and relates directly with the intoxication level of the driver. An intoxication level refers to the blood alcohol concentration (BAC) and is usually measured in a percentage. If you are caught driving with a blood alcohol concentration over the states limit you will then be arrested. In all 50 states, .08% is the legal limit.

If you are arrested for a DUI or DWI you should contact a DUI attorney immediately. Usually with the help of a Denver DUI attorney you can get a DWI reduced to a DUI in most instances. If a driver is arrested for either of these instances it is classified as being arrested for drunk driving. Just because you do not feel like you are drunk or impaired does not mean you will not be arrested for DUI/DWI. If you are above the legal limit you can still be arrested or asked to do a sobriety test.

What is a sobriety test?
A sobriety test (standardized field sobriety test) is commonly used by law officers to determine the level of the driver of a motor vehicle’s sobriety. Although the sobriety test can be attested in court because it is bias they often times are the deciding factor if you get arrested or not. This is another area your DUI attorney can help you with in court. If you were given an unfair sobriety field test your lawyer can argue the result from your sobriety test to not be one of the determining factors in your sentence.

Hopefully this article will give you a better idea about what a DUI and DWI are. Remember if you have been drinking you should not drive, regardless your blood alcohol level. If you would like more information about hiring a Denver DUI Attorney or a Denver DUI Lawyer check out a Denver attorney blog or check out their website. A DUI Attorney can help you reduce your sentencing or even get your charges dropped.

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Hiring the Right DUI Attorney

By: Grayson Thrush

If you have been charged and/or arrested for driving while under the influence (DUI), you will need to locate and employ the services of a Denver attorney at once. You don’t need just any Denver attorney though; you need one that specializes in representing such cases. Bear in mind that a DUI brings with it criminal charges, not civil. That means that you could end up serving jail time if found guilty and sentenced.

You can easily find many Denver DUI attorneys through the Internet or a phone book. How do you know if you’ve found an excellent one? You can enquire about a particular Denver attorney with the local Bar Association and the Better Business Bureau. But that won’t tell you if they are extremely competent; it will only tell you if they have had previous complaints lodged against them or not. Ask for references and call them. This will give you a slightly more complete picture.

To discern competency, however, you need to directly interview a given attorney. Do they know about the “dram shop acts,” under which a tavern owner or bartender may be held liable for injuries caused by a person who either became intoxicated at the bar or who was already intoxicated before being served? Do they know that “social hosts,” those serving alcohol at parties in their homes, can similarly be held liable? These constructs can be applied in an attempt to shift liability to another party.

It is time-consuming to carry out proper due diligence when selecting a Denver DUI attorney. It is the only way that you can be reasonably assured that you have retained the best counsel, though. You need an expert Denver DUI attorney on your side.

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Reasons to hire a DUI Attorney

by Chris Miller

Besides a familiarity with case law a DUI Attorney brings extensive trial experience to your side of the proceedings.

Refusing to consider hiring an experienced DUI Attorney because of the cost can be a costly mistake. Accepting the court appointed lawyer who may not have much experience with DUI case law will not result in the lowest fines or jail time. And in most cases you will still be required to pay the court appointed lawyers fees.

A competent DUI Attorney will know what facts to bring out in the testimony of witness or law enforcement officers and when to challenge that testimony. They will know what evidence may be available to help you win your case and file the necessary motions. They will be able to work with witnesses testifying on your behalf and to judge the value of each. An experienced DUI Attorney will also have access to expert witnesses to refute the accuracy of blood or urine test results.

Many experienced DUI Attorneys are familiar with the lack of reliability of most field sobriety tests and know the best ways to present this evidence in court. They will also be knowledgeable on the various breathalyzers in use and their accuracy. Breathalyzers also require legal certification and maintenance records, your Attorney will know where to find that information and how to use it in court.

Also facts such as whether or not you handled certain types of chemicals or took over the counter cold medicine prior to your arrest can have an effect on the breathalyzer results.

Even if you do not want to go to trial a DUI Attorney will help in bringing about a speedy end to the situation and the least amount of fines or jail time possible.

The best reason to hire an experienced DUI Attorney is so that you wont have any regrets afterwards. Many people walk out of the court room afterwards saying they should have hired a lawyer to protect their rights.

Don’t make that mistake.

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