Colorado DUI Law | Denver Drunk Driving Lawyers | Driving Under Influence Attorneys Aurora CO

DUI and the Law

Many attorneys defend clients against DUI charges as part of their practice. They have a general knowledge of DUI and therefore you get general results. Attorneys Rosenthal & Heymann, LLC focus on DUI law. Attorney Rosenthal recently completed the most rigorous DUI seminar in the nation taught at Harvard Law School in Cambridge Massachusetts. Attorney Heymann is a National College member and is enrolled in cutting edge DUI Defense courses.

Only a handful of Colorado DUI defense attorneys have been admitted to the National College for DUI Defense, the only DUI certification program recognized by the American Bar Association. In Colorado, the penalties for DUI, DWAI (driving while ability impaired), and DUID (driving under the influence of drugs) can be severe. If you have been arrested for DUI, do not plead guilty. Even if you have failed a breath test or field sobriety test, we will vigorously fight your charges.

For skilled DUI representation by a member of the National College for DUI Defense contact Rosenthal & Heymann, LLC today.

DUI and the Legal System

In Colorado, every DUI case passes through an administrative hearing and a criminal hearing.

The Administrative Hearing

The DUI administrative hearing is conducted by the Department of Motor Vehicles, a division of the Department of Revenue. This proceeding will determine whether your license will be suspended or revoked. We have a thorough understanding of the DUI administrative process. We will work effectively to defend your rights and protect your driving privileges.

The Criminal Hearing

The criminal penalties for drunk driving charges may include fines, mandatory attendance of alcohol education classes, community service, or jail time. Prior DUI convictions and high blood alcohol levels increase the risk of serving jail time. In court, our DUI defense lawyers will leave no facts unchallenged. We can challenge the results of breath tests and field tests, dispute the validity of the traffic stop, and question the arresting officer.

If you or someone close to you has been arrested for drinking and driving, contact the DUI defense lawyers at Rosenthal & Heymann, LLC today.

The Cost of a DUI Conviction Goes Far Beyond the Obvious

If you have been charged with a DUI, you undoubtedly know that a drunk driving charge can be an expensive proposition. You may already have posted bond, and then you probably know that if you are convicted, you can expect fines, costs, and license reinstatement fees. In addition, you may have to pay probation fees, the cost of mandatory drug and alcohol assessment and counseling, and the cost of any associated monitoring like an ignition interlock device or continuous alcohol monitoring.

Beyond those direct costs, you can also expect to pay much higher automobile insurance rates, often for years after your license is reinstated. Studies focusing on various states around the country have found the average cost of a DUI conviction to range from $5,000 to $20,000, and some of those costs are increasing.

The bottom line: being convicted of drunk driving is expensive, and may carry costs for years to come. If you have been charged with drunk driving, talk to Rosenthal & Heymann, LLC before you make any decisions or accept any offers from the prosecution. Make sure you know the full cost of your decision before you act.

Learn About DUI

DUI (called DWI or OWI in a few states) means driving under the influence of alcohol or drugs. It's a crime; in some circumstances, it is a felony. A DUI conviction can carry serious penalties, including jail time, probation, fines and court costs, drug and alcohol counseling or education, community service, and driver's license suspension or revocation. Similar charges apply in many states for the operation of other types of "vehicles," such as boats, motorbikes, and in some states even bicycles.

In every state, the "legal limit" is now .08, but that terminology can be misleading because:

In most states, .08 is not the highest level at which you can legally drive, but the level at which you are presumed to be under the influence. Most statutes make it a crime to operate a motor vehicle "with a blood alcohol content of .08 percent or greater", or language to that effect.
There are a variety of situations in which a person whose blood alcohol content (BAC) is lower than .08 may nonetheless be charged with a DUI or related crime. For instance, many states (such as Colorado) have separate statutes relating to underage drivers, and those drivers can be charged with DUI or an equivalent crime at a much lower BAC. In some states, the level is .02, while in others even a trace of alcohol is sufficient for conviction.
Most states (such as Colorado) have separate statutory provisions that allow for conviction of DUI if the driver has a BAC lower than .08, but also shows other signs of impairment.
In most states (such as Colorado), commercial drivers may be charged with driving under the influence at a lower BAC than an individual operating his personal vehicle.
Many states have a more serious crime called "aggravated" or "extreme" DUI, which imposes more severe penalties on drivers who exceed a certain BAC. The level varies from state to state, but is commonly .15 percent. In Colorado, it is currently .17. There are now serious consequences for persons accused of driving with a BAC of .17 or over.

The DUI Process

When you are pulled over on suspicion of driving under the influence, you may be asked to take a portable breath test or field sobriety tests.

Always politely decline to take these.

Once you have aroused the suspicion of the officer and he has asked you to take these tests you are probably going to be arrested any way.

Stop helping him build his case.

You are only hurting yourself. The officer might tell you that taking the test can prove your innocence. He might tell you that you will likely be let go if you take the test. He might even tell you that you will be arrested if you refuse the test. It does not matter what he says. He is allowed to lie to you. His job is to gather evidence and make arrests. It is not to educate you on your legal rights. The officer is a trained manipulator and interrogator. Along the same lines, "You have the right to remain silent" means just that. It means shut up, as in stop speaking.

If the officer believes that you are intoxicated, you may be arrested even if you have not taken these tests. In many areas, you will not be eligible to post bond until your blood alcohol content level has dropped to a prescribed level.

You will want advice immediately at this point, so that you will know what to expect when you appear in court. Criminal cases tend to move quickly through the system, and unfamiliarity with procedural requirements and deadlines could harm your case.

How to Fight a DUI Charge

A DUI lawyer can also assess your case and let you know whether there are weak points that might allow you to successfully fight your DUI charge, or at least negotiate a more favorable plea agreement.

Use the information on this website to learn about DUI charges, the possible challenges, the penalties you may be facing, and your rights in a criminal proceeding. But every DUI case is different. Your best means of protecting your interests is to talk with an attorney NOW.

For example, even if your blood test shows a relatively high blood alcohol content (BAC), you can still fight your case by attacking the officer's credibility. Suppose your test shows a BAC of .16—twice the level required to establish legal drunkenness. In the average 160-pound male, this would be the equivalent of having seven bottles of beer in your system. Thus, if your lawyer can get the arresting officer to concede that you were not staggering, slurring your speech, or exhibiting other signs of intoxication, your attorney can then argue that the blood alcohol test results had to be wrong because you showed absolutely no signs of intoxication.

Conversely, if your BAC is relatively low, but the officer testifies that you showed considerable signs of intoxication, your lawyer can suggest that the arresting officer was exaggerating or even lying as his testimony directly contradicts the test results. Oh, gosh! Are you saying that police lie?! Well, yeah, sometimes. Police officers are like every other segment of society. There are great ones, terrible ones, and most of them fall somewhere in between. Some never lie, some often lie, and most fall in the middle. Of course, not all contradictions are the results of lies. Perceptions vary and memories fade. The bottom line: we will vigorously cross examine the officer to ascertain his credibility.

Plea Bargaining

Even if you cannot completely beat your case by having the charges dismissed or getting a not guilty verdict at trial, you can still limit the damage by getting a reduced penalty. You accomplish this by plea bargaining. Plea bargaining is an agreement between you and the State which results in dismissal of the charges against you in exchange for your guilty plea to a lesser charge or a lesser sentence. For example, many prosecutors will drop a DUI charge against you if it's your first DUI offense and if you agree to plead to a lesser penalty.

Do You Want Help?

Many alcohol and drug offenses are isolated incidents. Other offenses are the result of an addiction to alcohol or drugs. Many of my clients do not realize that they have an alcohol problem. Yet they find themselves on the receiving end of a 2nd, 3rd, or even 4th or more DUI offense. In Colorado the majority of judges will sentence you to jail on a 2nd or more DUI offense. If your BAC is over .2, there is mandatory jail time on a 1st lifetime offense! On a 3rd, many judges are not satisfied with anything less than a lengthy sentence.

We are committed to providing alternatives to jail for substance abusers. Putting an alcoholic in jail is not just a waste of taxpayer money. It is immoral. We will do everything in our power to convince the prosecutor and judge that rehabilitation is appropriate if we feel that you are committed to rehabilitation.

Click Here to Read Colorado's DUI Laws

40 Ways To Beat A DUI

The following are some organizations in Colorado that might be able to help you:

For a free consultation with Rosenthal & Heymann, LLC, call 303-825-2223 or contact the firm online.