DUI Lawyer Canon City
DRIVING UNDER THE INFLUENCE
Fredrickson Johnson Belveal & Terry, LLC, can provide you with aggressive, knowledgeable legal defense services if you are charged with DUI/DWAI. It is our goal to resolve the charges against you and, to the extent possible, avoid the negative consequences of the charge. Remember, the fact that you have been arrested and charged with DUI/DWAI, or other traffic offenses, does not mean that you are guilty of the offense. The burden is on the prosecution to prove the case against you beyond a reasonable doubt, and the assistance of a tough, effective defense attorney may give you the best chance to avoid a conviction and the associated penalties.
Colorado DUI laws include many pitfalls and the consequences multiply with a history of prior DUI type cases. It is a misnomer to say that the legal blood alcohol limit is 0.08. Anyone can be charged with a DUI if the officer articulates the indicia of intoxication at the required level. This means that if the officer can show in their report to the court and prosecutor that the driver was exhibiting the signs of intoxication, they can charge that driver no matter the blood alcohol level. It is important to look at these indicia with a critical eye.
Colorado has a law called DUI per se, which is an assumption that a driver is under the influence of alcohol if their blood alcohol is above 0.08. If the driver is 0.05 to 0.08 it is a presumption that the driver was ability impaired or DWAI. Colorado even has laws governing being intoxicated while driving a boat, and riding an animal.
To complicate these cases, there is an interplay with alcohol and other intoxicants. It is possible to be charged with a DUI without having consumed any alcohol. Prescription medications, marijuana, even caffeine, can all play a role in a DUI charge. It is imperative to be able to look at the case with full knowledge of the laws and with experience in forensic toxicology.
We have experience analyzing DUI cases including experience with forensic toxicology, SFSTs (standard field sobriety tests – those are the typical tests like the walk and turn you see on TV and in movies), DREs (drug recognition experts, who are specially trained officers), as well as your constitutional rights, which are almost always an issue during any type of criminal case.
Once you consider the criminal case you will also need to understand how this will affect you retaining a driver’s license. Keep in mind that if you are under the age of 21, these cases affect you differently than if you are over 21. DUI takes 12 points from your license, and DWAI takes 8 points. With other potential traffic charges often accompanying these cases, you could be over your allowed points very quickly. Additionally, a certain blood alcohol levels, a history of prior cases, or refusing a breathalyzer can all trigger a mandatory revocation of your license. The DMV may take additional action and may require you to attend alcohol classes or have an ignition interlock installed in your car. You may be eligible for a restricted license, but that also comes with consequences.