Driving under the influence (DUI) of alcohol and drugs is illegal in all 50 states, yet there continue to be many arrests and charges issued for this offense across the country. Colorado is no different; despite strict DUI laws, many people find themselves facing DUI charges for the first time, and they often do not know where to turn.
First, understand that a first-time DUI is a serious matter, so you always want the strongest possible defense. Consult a trusted DUI defense attorney in Greeley, Co., to learn what you can do if charged with a first DUI.
Driving under the influence involves operating a vehicle under the influence of a substance that diminishes your mental or physical capabilities.
Substances that can lead to driving under the influence offenses include:
Alcohol is the most common reason for DUI. When alcohol is involved in a DUI offense, the charge depends on whether:
The legal limit in Colorado is a blood alcohol concentration (BAC) of 0.08 percent. If your BAC is over, the prosecutor does not need to provide additional evidence of intoxication. If your BAC is below the legal limit, yet officers still arrest you, they can testify they noticed signs of impairment at the traffic stop.
Further, Colorado allows arrests for driving with ability impaired (DWAI), which means your BAC is between 0.05 and 0.08 percent.
If you are stopped by law enforcement under suspicion of DUI, they may ask you to perform a series of field sobriety tests. These tests are designed to assess your coordination, balance, and ability to follow instructions. The standardized field sobriety tests include the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test.
If the officer believes that you are under the influence, they may place you under arrest. At this point, you will be read your Miranda rights, which include the right to remain silent and the right to an attorney. It is important to remember that anything you say can and will be used against you, so it is best to exercise your right to remain silent and consult with an attorney before answering any questions.
In Colorado, the law states that any person who operates a motor vehicle has given their consent to chemical testing for the purpose of determining their BAC. This is known as the “express consent” law.
If you refuse to consent to a breathalyzer test or blood test, the consequences can be serious. Your driver’s license will be automatically revoked, and you may still be convicted of DUI based on other evidence, such as the officer’s observations and field sobriety test results. Keep this in mind when an officer requests a breath sample.
A first DUI charge in Colorado is a misdemeanor offense with the following:
Even a first offense can carry serious penalties, so you need an aggressive DUI defense attorney handling your case immediately.
After your first DUI arrest, the state of Colorado will issue you with a temporary permit valid for seven days. You can only keep your license after requesting a DMV administrative hearing within the seven-day timeline.
If you do not win your case at the hearing or do not request the hearing at all, your license may be suspended for nine months. You must hire a defense attorney right away, so they can request a hearing and represent you.
The presence of the following factors may aggravate a first DUI-related offense:
There are severe criminal penalties for an aggravated DUI offense. An offender may face imprisonment ranging from two to twelve years with much higher fines.
Always take the following steps after a DUI arrest or charge:
Your first DUI charge in Colorado is a misdemeanor if there are no aggravating factors. While it may seem minor, it comes with severe penalties, and a conviction will be part of your criminal record. This can affect your employment, especially if your work involves driving.
The consequences of a first DUI can be costly in many ways. A conviction on your record can also limit your ability to drive and get jobs from prospective employers. You need representation from a highly qualified Greeley DUI defense attorney who will fight to dismiss or reduce your criminal charges and penalties.
McAdams Law Office has over 20 years of experience with a proven track record. Contact us online or at (970) 353-0000 for a free consultation.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI/DWI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.