Being charged with driving under the influence (DUI) for the first time can be an overwhelming experience. A DUI conviction carries serious consequences, including fines, license suspension, and potential jail time.
However, with the right strategy and a thorough understanding of the law, you can present a strong defense to protect your rights and possibly reduce or dismiss the charges against you.
At The Leier Law Office LLC in Fort Collins, Colorado, we know how intimidating it can be to face a DUI charge, especially if it’s your first offense. Our experienced criminal defense firm has handled countless DUI cases, and we're here to guide you through the process.
What to Know About DUI Charges in Colorado
Under Colorado law, a person can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher. A person can be charged with Driving While Ability Impaired (DWAI) if their blood alcohol concentration is .05% or higher.
While a DUI charge may seem straightforward, there are several factors that could potentially weaken the prosecution’s case against you. A skilled criminal defense lawyer can identify weaknesses in the prosecution’s case and explore every option to protect your rights.
Possible Penalties for a First-Time DUI Offense in Colorado
Understanding the potential penalties for a first-time DUI conviction is crucial when preparing your defense. Colorado law imposes a range of penalties depending on the severity of the offense and any prior history. While a first offense is typically treated less harshly than subsequent ones, the consequences can still have a significant impact on your life.
Penalties: A first-time DUI conviction in Colorado typically carries a fine of $600 to $1,000, mandatory probation, random sobriety testing, up to 1 year in jail, mandatory alcohol/drug classes, community service, loss of license, and the attendance of a Mother's Against Drunk Driving Panel. Additional fees may be assessed, such as court costs and restitution if there was property damage or injury.
Increased penalties for aggravating factors: If there are aggravating factors such as a high BAC (0.15% or above), accidents, or prior offenses, the penalties can be more severe, including longer license suspension or mandatory jail time.
By understanding the potential penalties, you and your defense lawyer can work together to build a strategy aimed at reducing the severity of the consequences or even having the charges dismissed.
Defense Strategies for a First-Time DUI Charge
There are various defense strategies that a criminal defense lawyer can use to contest a first-time DUI charge. These strategies focus on challenging the evidence and identifying any procedural errors that could result in a reduction or dismissal of the charges.
Improper Stop or Arrest
One of the primary defenses in a DUI case is that the police officer didn't have a valid reason to stop or arrest you. In Colorado, law enforcement must have a reasonable suspicion to believe you have committed a crime to pull you over.
If the officer can't provide evidence of a legitimate reason for the stop, the evidence gathered during the stop, including field sobriety tests and breathalyzer results, may be inadmissible in court.
Challenging the Breathalyzer or Blood Test Results
Breathalyzer and blood tests are the most common methods used by law enforcement to measure a person’s BAC. However, these tests aren't always accurate, and there are many potential reasons why the results might not reflect your true BAC.
For instance, a breathalyzer can yield inaccurate results if it hasn't been properly calibrated or maintained. Additionally, factors such as medical conditions (e.g., diabetes or GERD) can cause the device to give a false high reading.
A skilled criminal defense lawyer will scrutinize the testing procedure to identify any flaws or discrepancies that could weaken the prosecution's case.
In cases involving blood tests, there is also the possibility of contamination or mishandling of the sample. If the proper procedures weren’t followed when drawing or storing the blood sample, the test results could be unreliable, providing another avenue to get the charge dismissed or lowered.
Field Sobriety Test Issues
Field sobriety tests (FSTs) are commonly used by officers to assess whether a driver is impaired. These tests include tasks like standing on one leg, walking a straight line, and following a pen with your eyes. However, these tests aren't always reliable indicators of impairment.
There are many factors that can affect performance on field sobriety tests, including fatigue, anxiety, medical conditions, or environmental conditions like poor lighting or uneven pavement.
An experienced criminal defense attorney can challenge the results of these tests by showing that the officer didn't properly administer the tests, or that your performance was affected by factors unrelated to alcohol or drug use.
Medical Conditions or Medications
Sometimes, medical conditions or medications can mimic the symptoms of impairment. For example, certain prescription medications can affect motor skills, reaction times, or coordination, making it difficult to pass a field sobriety test or a breathalyzer.
If you have a medical condition or were taking medication that may have contributed to the signs of impairment, a criminal defense lawyer can work with medical professionals to present a case that your symptoms weren't caused by alcohol or drugs.
Lack of Evidence
In some cases, the prosecution may not have enough evidence to support a DUI conviction. If there is insufficient evidence to prove that you were impaired or that your BAC was above the legal limit, your defense attorney can argue that the case should be dismissed.
This could include instances where the breathalyzer or blood test results were faulty or where there were inconsistencies in the officer’s testimony.
What to Do After a DUI Arrest in Colorado
If you’ve been arrested for DUI in Colorado, the first thing you should do is contact a criminal defense lawyer. Time is critical, and there are many steps that need to be taken early in the process to build a solid defense. You may be facing a license revocation within days of your arrest, and failing to act quickly can limit your legal options.
Your attorney may begin by reviewing the arrest details, questioning the validity of the stop and arrest, and analyzing the evidence presented by law enforcement. They may also ensure that your rights weren't violated during the arrest process, and they may challenge the charges based on any issues they uncover.
Facing a DUI charge for the first time can be a stressful and intimidating experience, but it’s important to remember that a strong defense is possible. The key to building an effective DUI defense in Colorado lies in challenging the evidence, questioning the legality of the stop or arrest, and considering factors such as medical conditions or faulty tests.
Contact a DUI Attorney Today
At The Leier Law Office LLC, we have the knowledge and experience to help you fight your DUI charge. We serve clients throughout Fort Collins, Loveland, Greeley, Windsor, and Evans. Don’t hesitate to contact us for a consultation.
