Colorado DUI Attorney

Understanding Colorado DUI Laws

Colorado maintains some of the strictest DUI laws in the nation, with penalties that can dramatically alter your life trajectory. Understanding these laws is the first step toward mounting an effective defense.

Types of DUI Charges in Colorado

Colorado law distinguishes between several types of impaired driving offenses:

• DUI (Driving Under the Influence): Operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or when substantially impaired by alcohol, drugs, or a combination of substances
• DWAI (Driving While Ability Impaired): Operating a vehicle while impaired to the slightest degree by alcohol or drugs, typically with a BAC between 0.05% and 0.08%
• DUI Per Se: Driving with a BAC of 0.08% or higher, regardless of actual impairment
• UDD (Underage Drinking and Driving): Drivers under 21 with a BAC between 0.02% and 0.08%
• Drugged Driving: Operating a vehicle while impaired by prescription medications, marijuana, or illegal drugs

Colorado DUI laws are stringent, with severe penalties for convictions. These can include hefty fines, license suspensions, and even jail time, depending on factors like blood alcohol content (BAC) levels and prior offenses. Colorado adopts a "per se" law, meaning that a BAC of 0.08% or more automatically implies impairment, regardless of actual driving ability.

In addition to criminal penalties, a DUI conviction can have serious implications for your personal and professional life, potentially affecting employment opportunities and driving privileges. Colorado operates under an "express consent" law, where drivers agree to chemical testing if suspected of DUI. Refusal can lead to immediate license suspension. It's vital to understand these laws thoroughly and to have a defense that questions any procedural missteps by law enforcement.

DUI Penalties in Colorado

The consequences of a DUI conviction vary based on factors such as your BAC level, prior offenses, and whether injuries or property damage occurred:

First Offense

• Jail: 5 days to 1 year (may be suspended with probation)
• Fines: $600 to $1,000
• License Suspension: 9 months
• Public Service: 48 to 96 hours
• Alcohol Education/Treatment: Mandatory

Second Offense

• Jail: 10 days to 1 year
• Fines: $600 to $1,500
• License Suspension: 1 year
• Public Service: 48 to 120 hours
• Alcohol Education/Treatment: More extensive programs required

Third or Subsequent Offense

• Jail: 60 days to 1 year
• Fines: $600 to $1,500
• License Suspension: 2 years
• Public Service: 48 to 120 hours
• Alcohol Education/Treatment: Extensive programs required
• Potential Felony Charges: For fourth and subsequent offenses

Administrative Penalties and DMV Consequences

In addition to criminal penalties, a DUI arrest triggers administrative proceedings through the Colorado Department of Motor Vehicles (DMV):

• Express Consent Hearing: You have only 7 days after arrest to request a hearing to contest license suspension
• Interlock Requirements: Ignition interlock devices may be required for license reinstatement
• Insurance Impacts: Substantial increases in auto insurance premiums
• SR-22 Filing: Proof of financial responsibility required for license reinstatement

Myles Johnson, named one of the Top 10 Attorneys Under 40 by the National Academy of Family Law Attorneys, has helped numerous clients successfully navigate these administrative proceedings, often preserving their driving privileges when properly approached.

Our Approach to DUI Defense

At Johnson Law Group, we pride ourselves on crafting personalized defense strategies that consider all facets of your situation. Our team, including Managing Partner Shannon O'Keefe whose leadership has been instrumental to our firm's growth since 2019, thoroughly reviews every detail of your case, including the arrest process, calibration of breathalyzers, and witness testimonies, to identify every possible defense angle. With our comprehensive understanding of Colorado's legal system, we work tirelessly to protect your rights and minimize any potential penalties.

We also recognize the importance of staying updated on the ever-evolving DUI laws and legal precedents that can influence outcomes. This proactive approach allows us to adapt our strategies effectively, ensuring that your defense remains robust and current. By keeping abreast of changes in Colorado's legal landscape, we provide advocacy that is both dynamic and deeply informed.

Effective Defense Strategies for Colorado DUI Cases

Our team at Johnson Law Group employs numerous proven defense strategies in DUI cases, tailored to the specific circumstances of each situation:

• Challenging the Traffic Stop
  • We scrutinize whether law enforcement had legal grounds to initiate the traffic stop. Without reasonable suspicion of a traffic violation or criminal activity, evidence gathered during an unlawful stop may be suppressed.
• Questioning Field Sobriety Tests
  • Field sobriety tests are subjective and often administered under less-than-ideal conditions. Our attorneys, recognized among Colorado's best legal talent, examine how these tests were conducted and whether external factors like weather, physical limitations, or improper instructions affected performance.
• Contesting Chemical Test Results
  • We investigate whether breath, blood, or urine tests were properly administered, whether equipment was correctly calibrated and maintained, and whether proper procedures were followed during sample collection, storage, and analysis.
• Examining Officer Conduct
  • Our team reviews whether officers followed proper protocols during the arrest, reading of rights, and evidence collection. Any procedural errors may provide grounds for challenging the case against you.
• Presenting Alternative Explanations
  • Sometimes, physical conditions, medications, or other factors can mimic symptoms of impairment or affect test results. We identify and present these alternative explanations when applicable.

Why Choose Johnson Law Group for Your DUI Defense

When you select Johnson Law Group to defend against your DUI charges, you gain advocates who:

• Possess Extensive Experience: Our team has successfully defended hundreds of DUI cases throughout Colorado
• Provide Personalized Attention: We understand that each case is unique and requires individualized strategies
• Offer Comprehensive Support: From DMV hearings to criminal proceedings, we handle all aspects of your DUI case
• Maintain Excellent Relationships: Our professional connections with prosecutors and judges can benefit negotiations
• Deliver Compassionate Representation: We understand the stress and anxiety that accompany DUI charges

For ten years, Johnson Law Group has provided exceptional legal representation across Colorado. Our leadership team of Genet Johnson, Myles Johnson, and Shannon O'Keefe—recognized among Colorado's most talented attorneys—brings dedication, strategic thinking, and compassionate understanding to every DUI case we handle.

Take Action Now: Contact Johnson Law Group

If you're facing a DUI charge in Colorado, time is of the essence. The sooner you have a dedicated DUI defense attorney on your side, the better your chances of a favorable outcome. At Johnson Law Group, we are dedicated to protecting your rights and providing the support and guidance you need.

Your consultation will equip you with an understanding of your rights and potential defense strategies, empowering you to take control of the situation and strive toward the most favorable resolution possible.

Don't wait to seek help—call us at (720) 744-3513 for a comprehensive consultation with our Colorado DUI attorney. Let's work together to navigate your legal journey with confidence and clarity. 

Common Questions About DUI Charges in Colorado

What Are the Consequences of a DUI Conviction in Colorado?

Consequences vary based on factors such as BAC levels, prior DUI convictions, and specific case details. Penalties can include fines, license suspension, mandatory alcohol education, community service, and even incarceration. Early intervention with an experienced DUI attorney can significantly influence the outcome.

Beyond the immediate penalties, a conviction can impact long-term insurance rates and personal reputation. Understanding all these ramifications with the help of knowledgeable legal support can assist in mitigating the broader impacts of a DUI charge, potentially preserving one's quality of life and professional standing.

How Can a DUI Defense Lawyer Help Me?

A seasoned DUI defense lawyer can scrutinize the evidence, challenge the legality of the traffic stop, and question the validity of breathalyzer results. They provide essential guidance on navigating plea bargains or court proceedings, significantly improving your chances of a favorable outcome.

Moreover, they can leverage local relationships with prosecutors and judges, which is vital in negotiating settlements or reducing charges. Their insights into procedural nuances offer a defense that constantly seeks new opportunities to challenge the evidence against you, aiming for the best outcome possible.

What Is Colorado's "Express Consent" Law?

Under this law, drivers in Colorado implicitly consent to chemical testing if a law enforcement officer suspects DUI. Refusal to comply can result in an automatic license suspension and other penalties. It is vital to engage a DUI defense attorney to understand your rights and options if faced with such a situation.

This law underscores the importance of knowing your legal rights during a DUI encounter. An attorney can guide you in understanding how to navigate the statutory requirements and possible defenses in the event of a refusal, ensuring that your rights are adequately protected throughout the process.

Can I Get a DUI Conviction Expunged?

Currently, DUI convictions in Colorado cannot be expunged from your criminal record. However, certain related charges may be eligible for expungement under specific conditions. Consulting a knowledgeable attorney can help clarify your options.

Understanding the nuances of expungement laws is essential, as some offenses may qualify under particular circumstances, offering a path to mitigate long-term impacts on your record. Legal guidance provides clarity on eligibility and any potential steps toward minimizing a DUI's lasting consequences.

What Should I Do If I'm Stopped for Suspected DUI?

Remain calm and respectful, provide requested documentation, and avoid unnecessary conversation. Politely declining to answer incriminating questions without legal counsel is your constitutional right. Contact a DUI attorney promptly to receive guidance.

It's also crucial to be aware of your rights regarding field sobriety tests and the implications of submitting to or refusing chemical tests. These decisions can have significant legal implications and, thus, should be taken with a thorough understanding of the potential outcomes, assisted by professional legal advice.

How Does the DUI Court Process Work in Colorado?

The DUI court process in Colorado typically involves:

1. Arraignment: Your initial court appearance where charges are formally presented
2. DMV Hearing: A separate administrative process to address license suspension
3. Pre-trial Conferences: Negotiations between your attorney and the prosecutor
4. Motions Hearings: Arguments regarding evidence admissibility and legal issues
5. Trial: If a plea agreement isn't reached, your case proceeds to trial
6. Sentencing: If convicted, the court determines penalties based on various factors

Our attorneys, including Shannon O'Keefe whose leadership as Managing Partner and COO has strengthened our practice since 2019, guide clients through each phase with strategic expertise and personalized attention.

Are There Alternatives to Jail Time for DUI in Colorado?

Depending on your case circumstances, alternatives may include:

• Alcohol education and treatment programs
• Community service
• In-home detention
• Work release programs
• Probation with monitoring

Johnson Law Group's attorneys work diligently to pursue these alternatives when appropriate, focusing on rehabilitation rather than punishment while protecting clients' ability to maintain employment and family responsibilities.