Loveland DUI Lawyer

You’re driving home to Loveland after enjoying a couple of post-workday drinks with friends at one of Northern Colorado’s many amazing craft breweries. The roads are quiet, and you feel alert enough to drive. Suddenly, when you’re less than a mile from home, you see the flashing lights in your rearview mirror. The officer pulls you over, comments that your driving was erratic, and asks you to take a breathalyzer test and roadsides. When the result shows a blood alcohol content (BAC) slightly over the legal limit, you’re hit with a DUI charge that could result in fines, license suspension, or jail time.

In these stressful moments, it’s important to have a criminal defense lawyer by your side. At Colorado Lawyer Team (COLawTeam), our Loveland DUI lawyers are ready to help you handle this difficult situation. We’ve helped many clients in your position and will put our years of criminal defense experience to work for you.

Why Hire Us to Defend You Against DUI Charges in Loveland?

Like many states, Colorado is tough on drinking and driving. Prosecutors are quick to lay criminal charges and pursue maximum penalties, which is why you need a Loveland DUI lawyer with the experience and determination to challenge the allegations. Here are some of the many reasons why our clients choose us for their criminal defense:

Extensive Experience in Criminal Defense: Colorado Lawyer Team founder Justie Nicol has years of experience in criminal defense. Before starting her own firm, she was a Deputy District Attorney. She also worked with the ACLU on cases involving the protection of constitutional rights. Justie has trained all of our attorneys on the best practices for DUI defense, so you can count on skilled representation.
Proven Track Record with DUI Cases: We have a successful track record in defending clients against drunk driving charges. Our team knows how to challenge breathalyzer results, sobriety tests, and the overall legality of traffic stops. Our knowledgeable attorneys have helped many clients get their charges reduced, avoid severe penalties, and, in some cases, have their charges dropped entirely.
Client-Centered Approach: We don’t push your case through quickly. Instead, we explore all options for a strong defense. We challenge evidence, spot weaknesses in the prosecution’s case, and negotiate pleas to reduce criminal penalties. Our goal is always to protect your rights and freedom.
Compassionate Legal Representation: We know how a DUI charge can affect your job, family, and future. As a women-led firm, we bring empathy and compassion to every case we handle. Our attorneys answer your questions and listen to your concerns so that you feel supported throughout your case.
Expert Resources and Support: In DUI cases, it’s important to have access to expert resources. Our legal team works with investigators, forensic experts, and other professionals to help build a strong defense. We use these resources to challenge the prosecution’s case and make sure your defense is solid and thorough.

What You Need to Know About DUI Charges in Loveland

Driving under the influence (DUI) is prohibited in the State of Colorado. Those who have been accused of a DUI could face serious consequences if convicted. The outcome of a DUI charge depends on many elements, including:

The reason for the stop and whether there was an accident
The outcome of Standard Field Sobriety Tests (SFST’s), if you did them
The results of a blood or breathalyzer test, if you took one (but NOT the portable breath test or PBT, which is inadmissible in court but may still be used to establish probable cause for an arrest)
Your history of involvement with the law, including past criminal convictions
Witness testimony and your own statements to officers

According to Colorado Revised Statutes §42-4-1301 a driver is considered under the influence of alcohol if their blood alcohol content (BAC) is .08 grams or more per 100 milliliters of blood or 210 liters of breath.

A BAC between .05 and .08 typically leads to charges of Driving While Ability Impaired (DWAI). While it is a lesser offense, it carries similar consequences. For drivers under 21, stricter BAC limits apply, and Baby-DUI’s can result from the smallest signs of impairment. Refusing to take a blood or breath test may result in the revocation of your driver’s license, and commercial drivers may face more stringent penalties. A skilled and informed defense could mean the difference between keeping your license or losing it, and between a conviction or an acquittal.

Driving Under the Influence of Drugs (DUID)

It’s important to understand that Colorado law also prohibits driving under the influence of drugs, not just alcohol. This includes both illegal substances and legally obtained prescription medications or marijuana. Even if you have a valid medical or recreational marijuana license, driving while impaired by marijuana is illegal. Law enforcement officers can conduct drug recognition evaluations (DREs) or request blood tests to determine the presence of drugs in your system. The legal limits and penalties for DUID can vary depending on the specific substance involved, but they can be just as serious as those for alcohol-related DUI.

Penalties for DUI Charges in Loveland

Potential penalties for driving under the influence of alcohol or drugs depend on the circumstances. The laws on high-BAC or second/ subsequent offenses are constantly evolving and changing in Colorado, too.

A first offense DUI is typically considered a traffic misdemeanor and may result in penalties like fines, community service, mandatory alcohol education programs, and a license suspension at the DMV. However, the severity of penalties increases with subsequent offenses or aggravating factors.
A second DUI offense within a 10-year period may lead to harsher consequences, such as longer license suspension, higher fines, and the possibility of probation or jail time. But DUI’s will likely never “drop off” your record, and most of the time cannot be sealed or expunged. Colorado continues to penalize folks for any prior DUI’s in their lifetime on their record.
A third DUI offense can result in even stricter penalties, including mandatory jail time, a longer license revocation, and an extended alcohol treatment program. In many cases, the DMV may require the installation of an ignition interlock device on the driver’s vehicle, which prevents the car from starting if alcohol is detected.
For drivers with three or more prior DUI convictions, a fourth offense will lead to felony charges. A felony DUI conviction may involve several years of license suspension, much higher fines, long-term probation, and the possibility of prison time.

With so much at stake, you should call an experienced DUI lawyer as soon as you are arrested. The DMV currently even has a SEVEN-DAY deadline that you must meet to request a hearing (or you waive it!) to try to keep your license after a DUI. Several issues could affect the outcome of a case, including the type of evidence the prosecution presents, the police officer’s reason for pulling you over, and the reliability of your sobriety test. Details that may initially seem inconsequential sometimes have a substantial impact on the outcome of a case.

Common Defenses to DUI Charges

If you’ve been charged with a DUI, there are several legal defenses that an experienced attorney might use to challenge the case against you. Here are a few reasons that could work in your favor:

Improper Traffic Stop: If the police officer didn’t have a valid reason for pulling you over in the first place, the court may rule that any evidence gathered after the stop is inadmissible and suppress all evidence as “fruit of the poisonous tree.” The officer needs to have a reasonable suspicion that you were breaking the law, such as speeding or swerving, before stopping your vehicle.
Inaccurate Sobriety Test Results: Breathalyzer and field sobriety tests aren’t always 100% reliable. The breathalyzer may give false readings if not calibrated properly or if you have certain medical conditions like acid reflux. Similarly, field sobriety tests can be affected by factors like weather conditions, nervousness, or physical disabilities. Blood alcohol tests may be contaminated or mishandled, and borderline results should be retested by defense experts.
Improper Handling of Evidence: If the police failed to follow proper procedures when collecting or handling evidence, such as blood samples, it could weaken the case against you. If the evidence isn’t handled correctly, it may be dismissed or considered unreliable in court.
Rising Blood Alcohol Content (BAC): Sometimes, your BAC may have been under the legal limit when you were driving, but it rose above the legal limit after you were stopped. This can happen if you drank alcohol shortly before being pulled over, and it hadn’t fully entered your bloodstream yet. This can sometimes be referred to as the “drink after drive” defense, and it is highly fact-specific and requires expert testimony.
Lack of Probable Cause for Arrest: Even if you were stopped by the police, they still need probable cause to arrest you or to force you to take the blood/ breath test. If they didn’t have enough reason to believe you were under the influence, your arrest might not be valid, and the charges could be dropped.

Each case is different, so working with a qualified DUI lawyer can help you find the best defense for your situation.

What to Do if You Are Stopped for DUI

Being pulled over for a suspected DUI can be worrying, but knowing what to do in this situation can set you up for the best possible outcome. If you’re stopped for a DUI, we recommend you take the following steps:

Stay Calm and Polite: When the officer approaches your vehicle, remain calm and polite. You’re required to provide your driver’s license, registration, and proof of insurance, and being respectful can help avoid escalating the situation. You have the right to remain silent beyond providing your basic information, but always be courteous.
Know Your Rights Regarding Sobriety Tests: You can be asked to perform field sobriety tests, such as walking in a straight line or standing on one leg. While you can refuse these physical tests, doing so may make the officer suspicious enough to arrest you. Your Loveland DUI attorney can challenge the evidence later.
Understand Colorado Express Consent Laws: Colorado’s Express Consent law mandates chemical testing for suspected DUI drivers. Refusal typically leads to automatic driver’s license suspension: one year for a first offense, with longer suspensions for subsequent refusals. Early reinstatement with a restricted or “red” license may be possible in only some situations. It’s important to understand that you do not have the right to consult with an attorney before deciding whether to refuse or submit to blood or breath testing. In some instances, breath testing might not be offered, such as when an officer suspects drug use only testably by a blood draw.
Don’t Admit Guilt: You have the right to remain silent. Simply answer the officer’s questions without admitting you were drinking or under the influence. They’ll often ask you “on a scale of 1 to 10, how drunk do you feel?” which is just trying to entrap you. Anything you say can be used against you later in court, so it’s important to avoid giving the police any statements that could hurt your case. That includes lying, though, so best just not to answer incriminating questions at all.
Request a Criminal Defense Lawyer: If you’re arrested, you have the right to request an attorney. Act on this right and don’t answer any questions until the criminal lawyer arrives. They can make sure you don’t accidentally incriminate yourself during questioning.

Can a DUI Charge Affect Your Professional License in Colorado?

Yes, a DUI charge can impact your professional license in Colorado, especially if you work in a regulated field. Many professions, including healthcare, law, education, and transportation, require you to maintain a clean record. A DUI conviction may result in disciplinary action from licensing boards or regulatory agencies under DORA (the Department of Regulatory Agencies).

For example, healthcare professionals, such as nurses and doctors, may face license suspension or revocation if convicted of a DUI, depending on the severity of the charges and whether it was a first or repeated offense. Similarly, attorneys themselves may face sanctions or even disbarment if their DUI conviction violates professional conduct rules.

In Colorado, certain professionals, like those in law enforcement or commercial driving, are held to stricter standards. A DUI conviction could lead to job termination, a license suspension, or restrictions on employment in your field.

If you’re facing a DUI charge and your professional license is at risk, it’s important to seek legal help immediately. A Loveland DUI lawyer can help you understand the potential consequences and explore options for minimizing the impact on your career. Taking quick action could be key to protecting your license and future employment opportunities.

Can a DUI Be Dismissed in Colorado?

Yes, a DUI charge can be dismissed in Colorado, but it’s not guaranteed. A judge may dismiss your case if there are issues with how the arrest was handled or with the evidence. Here are some common reasons a DUI charge might be dismissed:

Improper Traffic Stop: Police must have a valid reason to stop your vehicle. If they didn’t have reasonable suspicion (like observing a traffic violation or erratic driving), the stop may be unlawful. Evidence obtained from an illegal stop is often inadmissible, which can lead to a dismissal.
Faulty Sobriety Tests: Field sobriety tests must be administered correctly. If the officer didn’t follow proper procedures or didn’t consider factors like your physical or medical condition, the results might be successfully challenged once you hire a lawyer.
Inaccurate Chemical Test Results: Breathalyzer and blood tests must be conducted according to strict guidelines. Issues like equipment malfunction, improper calibration, or failure to observe you before testing can lead to unreliable results, which may be grounds for dismissal.
Lack of Probable Cause for Arrest: Even if you were stopped legally, the officer must have probable cause to arrest you. If they didn’t have enough evidence to believe you were impaired, the arrest may be invalid, leading to a dismissal.
Police Misconduct: If the officer engaged in misconduct, like falsifying reports or violating your rights, it can undermine the prosecution’s case and may result in a dismissal.

If you’re facing a DUI charge, it’s important to consult with an experienced criminal defense attorney who can review your case and determine if any of these issues apply.

Can You Represent Yourself in a Colorado DUI Case?

Yes, you can represent yourself in a DUI case in Colorado, but it’s not recommended. DUI charges come with serious consequences, such as fines, license suspension, and even jail time. A Loveland DUI lawyer has the experience needed to challenge evidence and reduce the impact of the charge on your life through solid defense strategies.

If you choose to represent yourself, you’ll need to understand DUI law, including how to challenge breathalyzer tests, question police officers, and present evidence. Most people outside the legal industry lack this knowledge, so it’s easy to overlook important details that could mean the difference between dismissal and conviction. A lawyer will know how to negotiate plea deals, file motions to suppress evidence, and represent you in court.

While you have the right to represent yourself, having a professional by your side increases your chances of a better result. If you’re facing a DUI charge, it’s a good idea to consult with a DUI lawyer who can help you make the best choices for your future.

Build a Defense with a Loveland DUI Attorney

If you’ve been charged with a DUI in Colorado, let your next call be to a Loveland DUI lawyer. With the right representation, you can work towards minimizing the impact of the charge on your life. We invite you to contact Colorado Lawyer Team today for a consultation and learn how we can help with your case. For more information, call (970) 344-9401 or contact us online today.