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Odds of Getting A DUI Dropped After Getting Busted for Drunk Driving

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Odds of Getting A DUI Dropped After Getting Busted for Drunk Driving

After a drink or two too many, you get behind the wheel to head home. You feel sober, but your driving abilities indicate otherwise—you soon see flashing lights in your rearview mirror.

This is your first run-in with the law. In fact, it’s your first DUI arrest, and you’re horrified. You’re a good person. You just made a mistake.

Still, a DUI conviction comes with harsh consequences. For example, you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them. Also, having a DUI conviction stains your record, which will follow you for the rest of your life.

As someone with their first DUI offense, you may wonder, “What are the chances of getting my DUI charges dropped?” Dealing with a DUI charge can be overwhelming. The DUI lawyers from Right Law Group can help.

Continue reading to learn more about a first-offense DUI in Colorado and what you can do to get your case dropped.

What Are the Penalties for a DUI in Colorado?

If this is your first drunk driving charge, you likely don’t know what penalties you’re up against.

Here are the consequences for a first DUI conviction:

  • 5 days to 1 year in jail
  • A fine of up to $1,000
  • Revocation of your license for up to 9 months
  • Up to 96 hours of community service
  • Alcohol education classes
  • Ignition interlock device up to 9 months
  • Drivers under 21 years old can have their driver’s license revoked for 3 months to a year or lose their license.

Naturally, if you receive more DUIs in the future, you will face harsher penalties.

Consequences for a second DUI include:

  • A minimum of 10 days to 1 year in jail
  • A fine of up to $1,500
  • Revocation of your license up to a year
  • Up to 120 hours of community service
  • Ignition interlock device for 2 to 5 years

For a third DUI offense, the penalties are:

  • A minimum of 60 days to 1 year in jail
  • A fine of up to $1,500
  • Indefinite license revocation (you can apply for reinstatement after 2 years)
  • Up to 120 hours of community service
  • Ignition interlock device for 2 to 5 years.

For a fourth DUI or subsequent offenses, the charges are felonies.

Penalties for a fourth or subsequent DUI offense include:

  • Up to 6 years in prison and 3 years of parole
  • A fine of $2,000 to $500,000
  • Suspension of your license for a period of at least 90 days

How to Get My DUI Charges Dropped

Now that you know about the consequences of a DUI in Colorado, you might be worried.

While you know driving under the influence is reckless, should your first mistake affect you for the rest of your life? Well, luckily for you, there are several DUI defenses that can help get your charges dropped.

Some common defenses include:

  • The police didn’t have a good enough reason to pull you over
  • The Express consent advisement was no done or was done improperly
  • The chemical test or breath test was faulty or inaccurate
  • The police did not follow the required rules for DUI checkpoints
  • The police did not have probable cause to arrest you
  • There were no witnesses to you driving
  • The police failed to conduct a proper field sobriety test

Any mistakes the police made during your arrest can be grounds for getting your case dropped. A DUI lawyer can evaluate what happened to determine if the police officer did anything that could result in your charges getting dismissed.

Mitigating Factors for a DUI Charge

If your case doesn’t get dismissed, the next best option is to get your charges reduced. If you don’t already know, mitigating factors are specific things in your case and about your character that the judge can use to decrease your sentence.

Here are some common mitigating factors for a DUI charge:

  • You have a clean criminal record
  • You have a good driving record
  • You had good behavior and cooperated during the arrest
  • There were no victims due to your actions
  • You had a low blood alcohol content level (for example, your blood alcohol content level was 0.09 versus something much higher, like 0.20)
  • You took proactive action after being charged with DUI such as hiring a lawyer, completing community service in advance, and enrolling in alcohol treatment classes

While there’s no guarantee your charges will be reduced, it’s helpful to learn about mitigating factors to improve your case. A criminal defense lawyer can assess your case to identify possible mitigating factors that can increase your chances of receiving a lesser sentence.

What Are the Odds of Getting My DUI Charges Dropped?

Even if you’re a first-time offender and you have an otherwise clean record, there is always a possibility you will be convicted. Despite all of the defenses and mitigating factors, there’s no guarantee that your DUI charges will be dropped. The best way to increase your chances of getting your case dismissed is to work with an experienced DUI defense lawyer.

A Colorado DUI attorney from Right Law Group will help you build a strong defense strategy. For example, they can assess your case and determine if the police made any mistakes that could get your charges dropped.

If you’re facing your first DUI charge in Colorado, contact Right Law Group as soon as possible. Don’t wait to get the legal representation you deserve.

Author Bio

alexis austin

Alexis Austin is the CEO and Managing Partner of Right Law Group, a Colorado Springs criminal defense law firm she founded in 2018. With almost a decade of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Alexis received her Juris Doctor from the University of Denver — Sturm College of Law and is a member of the Colorado Bar Association. She has received numerous accolades for her work, including being named among the “Top 40 Under 40” in 2018 by The National Trial Lawyers and featured in Authority Magazine’s “Top Lawyers” series.

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