Many people are wrongfully charged for crimes they did not commit. One of the most common wrongful charges is DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired).
We understand how frightening and emotionally taxing being charged with a DUI or DWAI case can be, and these emotions can cause you to make a decision out of fear or ignorance of the options available to you. Instead, you should make a decision only after you are fully informed of your rights and all possible defenses. Our priority is to protect you and your freedom. The laws have changed and there are even more significant penalties for second or subsequent offenses. You need an experienced criminal defense lawyer who can help you navigate the complexities of your case.
If you or anyone you know has been charged with a DUI / DWAI case, reach out to Burnham Law Firm in Fort Collins, Colorado immediately for legal representation. Our DUI / DWI defense attorneys have both knowledge and years of trial experience in DUI cases to provide our clients the best legal advice and to protect their freedom as well as financial resources.
HOW OUR FORT COLLINS DEFENSE ATTORNEY CAN HELP
Not all people charged with an offense are guilty. Some are just the victims of mistake or lack of discretion. The authorities and witnesses are human too, which means that they can make mistakes. When you’re pulled over by the police, you might be required to take a field sobriety test including a horizontal gaze nystagmus test (HTN). Even if the law enforcement officers are trained to administer these tests, they are not 100% accurate. Similarly, breathalyzer tests are often inaccurate, misinterpreted, or improperly administered. You may have been wrongfully charged with DUI!
Should you find yourself charged with a DUI or DWAI offense in Fort Collins, CO, the first thing you should do is to hire an experienced criminal defense attorney. You should never try to resolve the case on your own. You may negatively impact your chances for a dismissal or a substantially reduced charge. You only have one chance to do it right and hiring the right attorney is essential.
A Fort Collins DUI defense lawyer knows how to navigate these complex cases and examine every piece of evidence to uncover the truth. Our attorneys can help you defend yourself and your rights and privileges, and will make sure that the prosecutor and the police will be held accountable strictly to prevent wrongful charges.
DUI AND THE DMV
If you are charged with a DUI offense, regardless of whether or not you are guilty, you face the risk of losing your driving privileges. The DMV will swiftly take action to suspend your driver’s license and keep you off of the road, whether your blood alcohol content (BAC) is above or below 0.05% when you take the breath test.
Once you receive a Notice of Revocation from the DMV, you only have 7 days to request a hearing and argue your case. Therefore, you have to act fast to prevent you from losing your ability to drive.
Burnham Law is recognized as one of the top defense law firms in Fort Collins area with years of experience in criminal law including Colorado DUI law. Our Fort Collins DUI lawyers can help you argue your case before the court and the DMV. We can help you take action quickly and protect your driving privileges.
A first DUI conviction is considered a misdemeanor under Colorado law and is enough to change the course of your life and tarnish your reputation. Although penalties differ depending on how many charges you have been convicted of, first offenses still carry penalties such as fines and jail time.
Some penalties that you may face for a first offense are:
- Jail time for a period of 5 days to 1 year in a county jail
- A fine of $600 to $1000
- Community service for 24 hours to 96 hours
- Probation for up to two years.
- Monitored sobriety, including breath tests and random Uas
- Attending a MADD panel
- Alcohol evaluation and recommended treatment
Judges can also order that you abstain from alcohol or drug consumption and have you monitored to ensure compliance. You will be required to attend alcohol or drug education classes and therapy. If you fail to comply with these requirements, you may face jail time.
In addition to the above, you also lose your driving privileges for 9 months if you have a high blood alcohol level. You may also lose your license for up to a year if you refused a chemical test, even if your case is dismissed. If your breath or blood test shows that you had a BAC of 0.20 or greater, you will face mandatory jail time of at least 10 days.
Each DUI case is nuanced, and penalties vary on a case by case basis. You need the help of a Fort Collins DUI attorney who is knowledgeable, experienced, and can navigate you through this complex process. An attorney can advocate for the best possible resolution while protecting your rights and privileges both before the court and in the courtroom.
A second DUI offense will put the offender in a position to receive more severe penalties, fines, and sanctions. In addition, second offenses carry a mandatory jail sentence along with any of these penalties:
- Jail time for a period of 10 days to 1 year in a county jail
- A fine of up to $1,500
- Revocation of license for 12 months
- Community service of up to 120 hours
- Probation for up to 4 years
- Alcohol education classes
If a driver is charged with a second offense, he or she will be classified as a “persistent drunk driver.” This entails additional penalties such as:
- The requirement to attend level III alcohol education classes
- Mandatory ignition interlock device (IID) for at least 2 years before the driver’s license can be reinstated
- SR-22 Insurance: Proof of financial responsibility for at least 2 years.
With these stricter penalties, it becomes more evident that a second offender needs a DUI lawyer by his or her side. An attorney can help you fight for reduced sanctions, lesser fines, and alternative jail sentences.
A third DUI offense is the highest misdemeanor charge for DUI, which means that third offenders are only one step away from committing a felony. Because of this, judges take third offenses very seriously.
The penalties that a third offender can face include:
- Mandatory jail time of 60 days to one year in a county jail
- A fine of $600 to $1,500
- Probation of two to four years
- Public service of 48 to 120 hours.
- Level II treatment program or more intensive treatment
A third offense is a very serious charge that is hard to get out of, especially if you’re trying to navigate your case on your own. It’s strongly recommended to contact a trusted and prestigious defense law firm to help you out.
CONTACT US TODAY
Whether guilty of driving under the influence of alcohol or not, you should hire a Fort Collins DUI lawyer to help you with your case. Our lawyers can fight for you and your rights and obtain a less harsh penalty.
Contact our law office today for a free consultation and have an experienced attorney strategize and advocate for the best possible resolution to your case. We are experts in criminal defense law and our defense lawyers handle every case with utmost care and build a trustful attorney client relationship.