DUI / DWAI

Have you been charged with driving under the influence (DUI) or driving while ability impaired (DWAI)? If so, you need competent, skillful and aggressive legal counsel to lead you through the process to insure the best possible outcome. This includes a thorough review and challenge of the evidence against you both in Court and in the administrative hearings with the Motor Vehicle Division of the Department of Revenue. We have extensive experience in all of the Denver Metro Area Courts and with the District Attorney’s Offices including Denver, Arapahoe, Douglas, Jefferson and Adams Counties. Each jurisdiction has its own unique procedures. You also require a defense with the Motor Vehicle Division sometimes referred to as DMV.

DUI charges involve Court proceedings that could include fines, costs, points against your driver’s license and imprisonment. DUI charges will also result in an administrative procedure to revoke your license. You need aggressive representation at every stage of these proceedings.

A successful defense includes a thorough case analysis from the ground up; we listen to you! Was there probable cause to stop your car; probable cause to ask you to perform roadside sobriety maneuvers; probable cause to require you to take a breath or blood test? Was the test performed properly within the time limits proscribed by law? We review all of the evidence including material even the District Attorney may not have reviewed. Police officer’s frequently testify that they have pulled over a driver for weaving; video tape recordings made by some metro area police departments sometimes tell a different story. We have successfully defended clients at every stage of the prosecution process including dismissal of cases for invalid stops, invalid blood and breath testing, illegal detentions and police misconduct. We have also successfully challenged drivers license revocations based on similar issues. Individual District Attorney’s Offices have different internal policies regarding the disposition of DUI offenses. We use that knowledge to your benefit.

We also help insure that our clients receive the best possible outcomes when the charges are not subject to dismissal. We have decades of experience dealing with prosecutors, courts and the Colorado Division of Motor Vehicles. If the facts will not permit us to gain a dismissal or acquittal, we will put together a mitigation strategy designed to lessen the charges and any potential penalty.

Frequently Asked Questions

Should I refuse to take a breath or a blood test?

Under the Colorado Implied Consent Law, failure to take a blood or breath test will result in an automatic one-year suspension of your driver’s license. Your only defense will be to challenge the probable cause for the initial stop and the request for testing. In general, unless you have previous alcohol related driving offense and you believe your blood alcohol level will exceed .2 BAC (blood alcohol concentration), you should take a test. In most instances, a blood test will allow the greatest number of options in your defense. First, the revocation process for your driver’s license is delayed until the test results are received. Blood testing allows for retesting of your blood sample. Chain of custody and the availability of witnesses are also more complicated for the prosecution. The system runs most smoothly when you take the breath test. Therefore, we recommend that you make the system work harder and increase the chances that the government will make a mistake by taking a blood test.

Can I speak to my attorney first before deciding to take a BAC test?

No! Although it seems counter intuitive based on our Constitutional Right to legal counsel, the law is clear that you do not have a right to speak to your attorney prior to making the decision whether to take the test.

The police gave me a document titled “Express Consent Affidavit and Notice of Revocation,” what should I do?

This is part of the administrative drivers license revocation process by the Colorado Division of Motor Vehicles, Department of Revenue. You need to request a hearing within seven days of receipt of the notice. You should request the presence of the arresting police officer. If the officer fails to attend the hearing you will automatically win the hearing. If you do not request the presence of the police, the hearing officer will consider the police reports as truthful. Those reports are almost always written in a way that supports the revocation. In addition, if the officer does attend the hearing, your counsel will have the opportunity to cross-examine a police officer that has not been prepared by the District Attorney.

My blood test came back as .07 BAC, what should I do?

Retest the sample immediately. Your independent testing does not have to be given to the prosecution unless you intend to use the test results. Several prosecution offices have internal policies that limit plea bargaining for BAC levels above .17. In addition, the Colorado Division of Motor Vehicles will require you to have an ignition interlock device installed in your vehicle for a greater length of time for BAC levels at or above .17.