Greenwood Village DUI Lawyer

A DUI charge can happen to anyone. One minute you’re driving home after the office holiday party and the next, those flashing lights in your rearview mirror turn everything upside down. A mistake, a misinterpretation, or even an unexpected reaction to medication can result in a drunk driving charge, and now you’re left wondering what’s next. In Colorado, a conviction for driving under the influence of alcohol or drugs (or both) carries potentially severe penalties that could impact your freedom, career, and future.

But here’s the good news: a DUI charge isn’t the end of the road. With the right legal strategy, you can take control of the situation and protect your rights. At Colorado Lawyer Team (COLawTeam), we have helped many clients in your position achieve results that let them put this incident behind them as soon as possible (oftentimes by getting a jump on everything well before the first court date!). Talk to us today to get started on your defense and learn more about what we can do for you.

Why Choose the Colorado Lawyer Team for Your Greenwood Village DUI Case?

In DUI cases, the Colorado Lawyer Team combines a commitment to client support with a strong track record of positive results. Here’s why we believe we’re the right choice for your case:

Proven Experience in DUI Law: Our legal team, led by criminal defense attorney and former prosecutor Justie Nicol, has a wealth of experience with DUI cases in Colorado. This knowledge shapes the defenses we prepare by allowing us to anticipate the tactics used by prosecutors.
Tailored Defense Strategies: No two DUI cases are alike, and we tailor our approach to every aspect of your situation, from the details of the traffic stop to any medical conditions that may have influenced the officer’s observations or test results. This careful assessment and personalized attention allow us to identify your most viable defense options.
Challenging Field Sobriety and Chemical Testing: DUI cases often hinge on results from field sobriety tests, breathalyzers, and blood draws. Our criminal defense team knows how to identify errors in the administration or handling of these tests, creating a strong basis to challenge questionable evidence.
In-Depth Knowledge of Marijuana DUI Charges: Colorado’s progressive marijuana laws don’t eliminate DUI charges for cannabis use. Our criminal defense attorneys in Greenwood Village have experience with marijuana-related DUI cases and can help you address legal challenges specific to these charges, including potential issues with THC testing and subjective interpretations of impairment.
24/7 Access for Clients: Our clients have around-the-clock access to legal representation and support because we know questions and worries can arise at any time. We maintain open lines of communication to keep you informed and reassured throughout the process.
Flexible Payment Options: Legal fees can be stressful during a case, so we offer flexible payment plans to accommodate various budgets, allowing you to focus on your case instead of financial strain.

DUI Offenses in Colorado

Under Colorado Revised Statutes § 42-4-1301, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Colorado also has a lesser charge, DWAI (Driving While Ability Impaired), for BACs as low as 0.05% but below 0.08%. Of course, these limits only apply if you’re over 21, and minors can also get into hot water for even the smallest amount of an intoxicating substance. It’s important to note that DUI and DWAI charges extend beyond alcohol and can include impairment by drugs, whether prescribed, over-the-counter, or illicit.

Colorado’s progressive marijuana laws sometimes create misunderstandings regarding DUI. You may legally possess and consume cannabis if over 21, but driving while impaired by THC or any other drug remains illegal. THC DUI charges can apply with blood THC levels above five nanograms per milliliter (Colorado’s per se limit for DUI-D). However, the prosecution may pursue criminal charges at lower levels if you show signs of impairment, because THC affects individuals differently.

Knowing these thresholds, the testing methods for alcohol versus drugs, and the challenges of proving impairment can make a substantial difference in your defense.

DUI Penalties

Penalties for DUI in Greenwood Village vary widely based on factors such as prior criminal offenses and BAC levels at the time of arrest. Below is a breakdown of typical consequences:

First Offense: A first DUI conviction can lead to five days to one year in jail, fines up to $1,000, community service, and a nine-month driver’s license suspension. In some cases, drivers may also be required to complete alcohol education classes.
Second Offense: A second conviction involves harsher penalties: 10 days to one year in jail, fines up to $1,500, a one-year license suspension, and possible mandatory installation of an ignition interlock device to keep driving privileges.
Third Offense: For a third DUI, potential jail time remains up to one year but jail becomes much more likely, with fines reaching up to $1,500, a longer license suspension, and often the requirement of a monitored sobriety program.
Fourth Offense and Felony DUI: Colorado considers a fourth DUI a Class 4 felony offense, with severe consequences that include additional jail or prison time, hefty fines, and extensive license restrictions, potentially including a lifetime driving ban or halfway house sentence.

These penalties highlight the importance of seeking a strong legal defense, especially because judges have significant discretion to impose different requirements based on the facts of each case. They apply not only to alcohol-related DUIs but to those involving drugs, including marijuana and prescription medications.

Steps to Take After a DUI Arrest

If you’re arrested for a DUI in Greenwood Village or anywhere else in Arapahoe County, taking specific actions promptly can help preserve your rights and strengthen your defense. Here are the essential steps:

Exercise Your Right to Silence: Beyond providing basic identification to law enforcement, you don’t have to answer questions about your activities or state of mind without a criminal defense lawyer present. Speaking without legal guidance can unintentionally hurt your case.
Document Your Experience: As soon as possible, write down everything you remember about your arrest, including police interaction, field sobriety tests, and your perception of sobriety. These notes can help your attorney identify potential defense angles.
Secure Bail if Needed: For some, arranging bail is the first step toward handling the case. Doing so quickly lets you focus on gathering the necessary documentation and consulting with your Greenwood Village DUI lawyer.
Secure Legal Representation: Hiring an experienced DUI attorney early on allows you to fully understand your legal options and begin building a strategic defense. A knowledgeable attorney can clarify what to expect, help you handle DMV hearings, and prepare you for any court appearances.
Notify Relevant Authorities if Applicable: DUIs can have a huge impact on your professional responsibilities if you hold a commercial driver’s license or a job that requires a clean driving record. Consulting a qualified attorney about this issue early can prevent career complications.
Prepare for the DMV Hearing: You have only seven days from your arrest date to request a DMV hearing, where you can contest the automatic suspension of your driver’s license. This hearing is separate from your criminal case and requires prompt action. Please open your mail (including mail from the Department of Revenue) promptly and consider asking for the officer to be subpoenaed for your DMV hearing.

The days following a DUI arrest are often stressful, but focusing on the next steps with an experienced attorney can help you regain a sense of control and perspective on the path forward.

Defenses to a Colorado DUI Charge

There are several possible defense strategies for DUI and DWAI charges under Colorado law. Here are five commonly used strategies, any of which may apply to your case:

Improper Field Sobriety Test Administration: Field sobriety tests require officers to follow strict protocols. If they deviate from these standards, your attorney can challenge the reliability of the test results.
Issues with Testing Equipment: Chemical testing equipment, like breathalyzers and blood analyzers, must be carefully calibrated and maintained. If mishandling or malfunctions occurred, your attorney might use this to question the validity of the test results.
Medical Conditions Mimicking Intoxication or Impacting Tests: Certain health conditions, like diabetes, or neurological disorders, can produce symptoms that appear similar to intoxication and other medical conditions like acid reflux or liver conditions may interfere with BAC test results.
Lack of Reasonable Suspicion for Traffic Stop: Police need valid reasonable articulable suspicion to pull over a driver and probable cause to require a test and/or arrest someone for DUI. If the stop lacked sufficient grounds, any evidence collected afterward might be inadmissible in court.
Unlawful Sobriety Checkpoint: If your arrest followed a sobriety checkpoint stop, your attorney might question whether the checkpoint met constitutional standards. Violations could render evidence gathered during the stop invalid.

Using these strategies can lead to reduced charges, a case dismissal, or a plea for a lesser offense, such as reckless driving under § 42-4-1401 of the Colorado Revised Statutes. The outcome depends on the circumstances, but each strategy provides a pathway to counter the charges.

DUI vs. DWAI: What’s the Difference?

In Colorado, DUI charges apply to drivers with BACs of 0.08% or higher, while DWAI charges apply to BAC levels between 0.05% and 0.079%. DWAI penalties are typically lighter than those for DUI, but both carry the potential for jail time, fines, license suspensions, and the long-term impact of having a criminal record. Understanding these distinctions can help you and your Greenwood Village criminal defense lawyer decide the best approach for your case, including whether negotiating a DUI down to a DWAI charge might be advantageous.

Get Started on Your Defense With a Greenwood Village DUI Lawyer

At Colorado Lawyer Team, we understand that facing DUI charges can feel isolating, but it doesn’t have to define your future. With skilled legal guidance and a strong, supportive team by your side, you can take meaningful steps to protect your rights and pursue a favorable outcome. Whether you’re dealing with a first-time offense or a complex case involving multiple charges, we’re here to help you regain control over your future. To schedule a free initial consultation with a Greenwood Village DUI lawyer, call our law firm at (970) 670-0738.