DUI Defense in Colorado

Alexis explains: "A question that's designed to elicit an incriminating response, for example, is how much alcohol did you have to drink? And you're sitting there in handcuffs? Now, the reason I said you're sitting there in handcuffs is that question, how much alcohol did you have to drink can be designed to elicit an incriminating response or cannot be. And what we see happening is it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read."

Right Law Group's guide explains: "A solid DUI defense is critical. If you have been arrested for DUI in Colorado, you only have seven days to request an administrative review from the DMV."

It is fair to ask about the downside, and the consequences of a first offense DUI cover a wide range. Jimmy is direct: "Now, let's be real about the consequences. A first offense DUI can involve jail time, fines, probation, alcohol classes, and license suspension. Insurance costs alone can follow you for a long time. Employment issues can come up. Professional license issues can be affected. And travel can become complicated." He lists jail time, fines, probation, alcohol classes, and license suspension as possible parts of a first offense DUI. Jimmy adds that the fallout can reach beyond the sentence itself, with insurance costs that follow you for a long time. He also notes employment issues, professional license issues, and complications with travel.

Alexis explains: "immediately um because that is one thing that is incredibly crucial as far as timing for duis go the actual criminal side of things takes a lot longer to get to the court system awesome cool oh learn something every day um so once we are called and we are hired what happens after that with a dui case so every law firm operates a little differently i can tell you what right that's definitely um what we do at wright law group is we are really big on being very very communicative with our clients we make sure that our clients can text us call us email us facebook us whatever they need to do we actually have had a couple of clients call us from the back"

In Colorado, the consent question is answered before you are ever at the hospital, through the state's express consent rule. Gannon explains that once an officer makes a DUI arrest, "you've already consented to a chemical test, your blood or your breath." He describes what happens next: "they'll either transport you to the hospital or to the police station" where that chemical test is done. He notes that when those results come back, depending on the outcome, they become a big factor in the evidence the DA will use at trial. The point is that by driving in Colorado you have already given that consent, which is why the test can proceed.

Right Law Group's guide explains: "you face a mandatory 60-day minimum jail sentence that cannot be suspended , automatic designation as a "Persistent Drunk Driver," and potentially a five-year license revocation under the habitual traffic offender statute."

Alexis explains: "dui cases you're going to have to go if you are convicted or take a plea for anything that is an alcohol related offense if it's the dui if it's a dwai even if it's what we call a wet reckless if you have any of those please you have to do alcohol treatment and therapy"

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them"

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them."

Right Law Group's guide explains: "• Ignition Interlock: Mandatory 2-5 years"

Gannon explains: "So, at whatever point the officer believes that they they um may be dealing with a DUI, at that point they will be asking for something called SFSTs or standardized field sobriety tests. Um no, also known as roadside tests. So, um for that they're going to be uh it is voluntary. That is something that they make clear. Um they're often very good at getting people to do these. Um but it is voluntary and it's important that people remember that."

The express consent affidavit is a specific form tied to your DUI stop and what happens with your license. Alexis explains: "there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form. What this is, is they're gonna be going over whether you choose to do a breath test, a blood test, or whether you refuse. And this is what's sent to the Department of Motor Vehicles to determine how they proceed." In her description, the DUI officer fills out the form, and it records whether you chose a breath test, a blood test, or a refusal. Alexis notes that this is the document sent to the Department of Motor Vehicles to determine how they proceed. The DUI statute it ties back to is C.R.S. 42-4-1301, available at https://hub.rightlawgroup.com/statutes/crs-42-4-1301.

Right Law Group's guide explains: "In Colorado, you can be found guilty of driving under the influence (DUI) if your blood alcohol concentration (BAC) was at least 0."

Right Law Group's guide explains: "Refusing a breathalyzer in Colorado is one of the biggest mistakes you can make if you are pulled over for DUI . While some drivers refuse a breathalyzer because they are simply afraid they will test positive, others refuse the test without knowing that their decision could have a serious negative impact on their case."

Right Law Group's guide explains: "The costs of DUI go far beyond lawyer fees and court costs. If you find yourself facing your first DUI in Colorado , you might be hoping for some leniency."

Right Law Group's guide explains: "A DUI conviction in Colorado doesn’t just affect your driving privileges, it can threaten your entire professional career."

Alexis explains: "A DUI in Colorado is more than a court case. In many situations, it's a direct threat to your professional career. If you're a nurse, a teacher, a realtor, or any other of the dozens of regulated Colorado professionals, a DUI case may cost you your professional license."

Right Law Group's guide explains: "Get the help of an experienced trial attorney on your side. As experienced Highlands Ranch criminal defense lawyer s and DUI attorneys, our Right Law Group team will help advocate on your behalf and get you the best possible outcome for your criminal case."

Gannon explains: "So, there's always ways to undermine the police officer's investigation, their thoroughess, their due diligence. And if they didn't take certain steps the right way, sometimes we can bring it to what's called a motions hearing and basically have the judge make a legal determination that they either violated your rights or that they did not do the proper investigation and therefore either evidence needs to be suppressed or the case needs to be dismissed."

Jimmy explains: "After your arrest, officers transported you to a station or jail. And during that ride, they may have tried to talk to you casually. This is where people get into trouble. Anything you say, even small talk, can be written into a report and used against you."

Jimmy explains: "Now, here's what most people don't realize. Chemical tests are not perfect. Breath machines require strict calibration. Officers must follow exact procedures. Medical conditions can affect results. Blood samples can be mishandled or contaminated. We regular see cases where test results look solid on paper but fall apart under scrutiny."

Alexis explains: "the licensing is basically an identification form but it doesn't necessarily mean that you can or can't drive in that state so what happens is if someone gets revoked or their license suspended people usually say their license is suspended but what is actually done is their privilege to drive has been taken away it's easier to say your license has been suspended but you can actually have if you're in that example if you're from texas you have a license in texas you can actually have your license suspended in colorado without actually having a colorado license because what's actually being suspended is your privilege to drive in this state"

Alexis explains: "the end point because a lot of my clients that i've worked with over the years don't want to be on supervised probation because they don't want a probation officer breathing down the neck which makes sense and probation costs money so if they're doing all these things in advance it can keep it so that they don't have to have a supervisor on probation they can do what's called unsupervised probation um and be able to just turn in everything either to the law firm to the courts directly oh perfect perfect yeah i was gonna say like we really like to jump get proactive get ahead of it come up to court ready to go we already have stuff um handled so"

Alexis explains: "Quite frankly, a lot of this depends on whether or not you have to do any kind of additional evaluations like an alcohol evaluation, or PSR, which is a pre sentence investigation. So these cases can draw out pretty lengthy amount of time."