Defending Drivers in the Colorado Counties of Huerfano, El Paso, Crowley, Otero, Bent & Fremont
DUI charges are a common occurrence in Colorado. Law enforcement and the courts take an aggressive approach to identifying, charging, and punishing drivers who violate impaired driving laws. Being stopped on suspicion of drinking and driving is often a nightmarish experience in which you may have little understanding of your rights and obligations. Thus, you can easily make mistakes that will not work in your favor. After being arrested and charged, you will face further challenges in navigating the legal process based on Colorado’s complicated DUI laws.
At Lucero Law, we understand how stressful and confusing the entire experience can be. We also know that hiring a DUI lawyer to help you with your case is crucial. You are at risk for jail time, heavy fines, probation, and the loss of your license as well as having a DUI on your record. A knowledgeable attorney can help you fight these consequences through a thorough investigation into all aspects of your arrest and a well-prepared defense. Our Pueblo DUI attorney has successfully represented many individuals in the courts and at DMV hearings which address the matter of a license suspension.
Driving under the influence (DUI) can be charged in the following ways in Colorado:
- Driving under the influence of alcohol, drugs, or a combination of both
- Driving while ability impaired (DWAI) by alcohol, drugs, or a combination of both
- DUI per se which is operating your vehicle with a blood alcohol concentration (BAC) of .08 percent or higher
DWAI is different from DUI; DWAI is based on the driver being slightly impaired. The state presumes you are DWAI if your BAC measures more than .05 percent but under .08 percent. Under the influence means that your ability to safely operate your vehicle has been impaired by alcohol and/or drugs. Colorado DUI law is based on having physical control of your vehicle, even if it is not in motion. Thus, you could be arrested while sitting in the car with the keys in the ignition only.
The consumption of drugs that can lead to a DUI includes marijuana, other street drugs, prescription drugs, and even over-the-counter drugs.
A DUI charge results in two separate actions: 1. A criminal action to determine your guilt or innocence and penalties; 2. An administrative action with the DMV related to your license.
“Attorney Lucero represented me in court and kept me informed during the process. He was honest and his one time fee was reasonable, compared to other attorneys I spoke to.” - Stewart
“I was a bit overwhelmed with my traffic ticket situation. Ike put me at ease got my tickets dropped and kept me on the road without issue.” - Corey
“I would recommend Ike to anyone requesting a traffic lawyer, and he will be the first person I call if I get into another legal situation.” - Shawn
Your penalties in any DUI conviction will depend on the nature of the charge, your BAC level, and whether it is a first, second, or subsequent offense. Each succeeding offense will result in harsher penalties.
For example, a first-offense DUI is punishable by five days up to a year of jail time, fines of $600 up to $1,000, a nine-month license revocation, and 48 to 96 hours of public service. You may be granted a probationary driver’s license after the first month of your license suspension if you install an ignition interlock device (IID) in your vehicle.
A first-offense DWAI carries two to 180 days in jail, fines of $200 up to $500, and 24 to 48 hours of public service.
Under Colorado law, you are required to take a chemical test when requested to do so by law enforcement. In a first offense, refusal to take a test will result in an automatic license revocation of a year.
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