Archive for category DUI/DWI

Colorado DUI/DWAI

Written by: Bill Peters

Driving under the influence of alcoholic beverages, chemical substances or controlled substances can result in the conviction of DUI.  Colorado law states you are in direct violation if your blood alcohol content (BAC) is .08% or higher.  However, Colorado law, unlike some other states, says that a person is still in violation if their blood alcohol is between .05% and .0799% BAC, resulting in a Driving While Ability Impaired (DWAI).

Every DUI/DWAI case is different, so penalties are mandated based on the specific circumstances, including a person’s BAC at the time of arrest and prior offenses, but the state of Colorado does have minimum and maximum penalty limits.  A person should know, however, that DUI/DWAI laws may or may not apply if there is a violation of the rights during their arrest or police station stay.

There are some very important things a person should know about know the consequences of a Denver DUI.  First and foremost on people’s minds involves their driver’s license.  After a DUI arrest a person’s license is revoked 7 days later, meaning a person has a very short time period to contest the revocation if they believe it should be reinstated, and can be done by going to the Colorado Department of Revenue.

A first-time offense will face a driver’s license loss for a time period from 30 days to a year, with no possibility of a getting an early license renewal.  Fines, on top of the revoked license, can range from $300 to $1,000.  Jail time, as well, may be ordered, and could be anywhere from 5 days to a year, with community service, alcohol education classes and probation as other options.  Treatment, as deemed fit, may be able to replace jail time.

A second-time offense has a couple different consequences based on the time period from a person’s first DUI offense.  If the offense has been more than five years since the first conviction, then the consequence is a license revocation for 180 days to one year without the possibility of early hardship license reinstatement.  Most repeat offenders are ordered to go to alcohol education classes, as well.  If the second offense happens within five years of the first offense, however, the consequences are greater.  A person is then looking at a five-year license revocation and mandatory jail time of at least 10 days, with completion of DUI education required in accordance of Colorado DUI laws.  We recommend seeking the help of a Denver DUI attorney or a Denver law firm who works with on many DUI cases to make sure you do not receive the maximum punishment.

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Affordable DUI Attorney – Getting an Attorney That is Actually Worth Your Money!

By Tom Macinaw Platinum Quality Author

Are you looking for someone to help defend you in your DUI case? Do you want to make sure you get your moneys worth with an affordable Denver DUI attorney? There are good attorneys out there and there are some that are just not worth the money you would spend. Here is some helpful information if you have recently been charged with a DUI.

First, you are probably thinking that it is not going to be any fun having your license suspended and not being able to drive. You might have to bum a ride from friends for a while and depending on the state you are in you might have your license suspended for up to 6 months if it is your first offense. There is always the bus to help you get around.

Second, when you are looking for an affordable Denver DUI attorney you can use the internet to help you find what you are after. This is a tool that can help you locate a qualified individual that can be used as your affordable DUI attorney. You do not want to spend more than you have to, but you want to make sure you find an attorney that is good at what they do.

Last, getting out of a DUI is never easy and with the right attorney you can at least get the minimum penalties. This could mean getting your license back sooner and getting less time in jail or on probation. Make sure you check the credentials of the Denver attorney you are going to hire and go into court armed and ready to fight.

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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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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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