DUI in Denver - Why A DUI Defense Attorney Is Necessary
The Colorado Division of Criminal Justice published a report stating that prosecutors throughout the state of Colorado filed 26,165 cases involving DUI charges. Of those 26,165 cases, approximately 88% of those cases resulted in a DUI conviction. Colorado’s DUI conviction rate is one of the highest in the nation. This is partly due to the fact that many people do not hire proper representation to fight for them in court. Unfortunately, many believe that they cannot get out of a DUI charge, therefore they do not try to fight the charge. This is not true, and many times the judicial system makes those charged with DUI crimes believe that they must take the penalty. We at Shouse Law Group have experienced and dedicated DUI defense attorneys near you in Denver, that are well versed in the laws surrounding DUI charges. We look over police reports and statements very clearly to make sure there were no missteps in due process, as well as negotiate with courts to have charges lowered or even dismissed. Everyone who has been charged with a DUI offense needs a dedicated DUI defense lawyer by their side to ensure their rights and livelihood are fully protected.
Penalties For First-Time DUI Charges In Denver
There are different penalties for DUI charges, depending on the defendant's previous DUI convictions. The more convictions the defendant has, the more severe their penalty will be. Still, the penalty for a first-time DUI conviction is harsh and can affect many different things in an individual’s life. The penalties that are assigned to a first-time DUI conviction can include:
Anywhere from 5-365 days in jail
Loss of driver’s license for at least 9 months
Up to 96 hours of community service
Up to $1,000 in fines
Mandatory alcohol education courses
Drivers who have a blood-alcohol level of .08% or higher can be charged with DUI per se. Individuals who operate a vehicle with a blood-alcohol level lower than .08% but are still too impaired to drive can be charged with Driving While Ability Impaired (DWAI). The penalties for a DWAI are slightly less harsh than DUI penalties, but they can include:
Anywhere from 2-180 days in jail
Up to 48 hours of community service
Up to $500 in fines
Loss of 8 points off driver’s license
It’s important to remember that the more DUI convictions an individual has the harsher the penalties will be. The penalties for a second DUI offense will also have a much greater impact on the individual’s life, and the same is true for the penalties associated with a third DUI offense.
How A Denver DUI Lawyer Can Benefit The Outcome Of Your Case
When facing a DUI conviction, the consequences individuals may face can vary based on factors such as their BAC levels, the type of charge they are facing, prior convictions, and other various circumstances. Denver criminal defense attorneys who have dedicated their practices to DUI defense are well versed and up to date on any charges associated with DUI. This knowledge will help them benefit their clients by establishing a solid defense so that their clients may stand up to the opposition. Here are a few other ways a Denver DUI defense lawyer will boost the odds of having a DUI charge dropped or lowered.
Knowledge Means Power
When fighting a DUI charge, the more knowledge the defendant has, the better chance they have of fighting their case. This is why hiring a DUI defense attorney is so important. They add an insurmountable amount of knowledge regarding the court process, evidence collection and evaluation, and an overall better understanding of the judiciary system. An experienced and dedicated criminal defense lawyer knows what types of evidence are allowed, and can give their clients a better understanding of their options as well as how they can fight for their rights. Overall this empowers the defendant and gives them the ability to defend themselves against the DUI allegations.
Additionally, a Denver DUI lawyer knows how police are allowed to proceed when administering roadside breathalyzer and sobriety tests and every process involved in evidence collection. Therefore it is easy for them to notice a misstep in due process, whereas the defendant may have never known their rights were violated. This is why it is vital to at the very minimum have a DUI defense attorney look over the police report so that any mistakes can be identified.
Negotiate For A Lesser Charge
Being charged with a DUI is far more serious than being issued a traffic ticket. Depending upon the type of DUI offense, charged individuals may be massive fines and significant jail time. Therefore if the charges can’t be dropped, it is essential to have a DUI defense lawyer there to support and assist the defendant. Many courts will not negotiate with the defendant alone, as they generally have no knowledge of the court process. With a dedicated DUI defense attorney on their side, an individual charged with a DUI offense may be able to negotiate for:
Use Of Evidence
There are many things that may contribute to an individual failing a roadside sobriety test. An experienced attorney that is well versed in DUI charges in Denver knows that there are several different factors that may affect the results of a sobriety or breath test. This knowledge can benefit the defendant because their attorney can be able to call this evidence into question in court. When a driver refuses any type of sobriety testing, their lawyer may be able to make a case to the jury that the result was due to the defendant knowing their rights and not in an effort to hide their negligence.
