The Denver criminal lawyers at Samuel S. Hansuld, P.C. know that DUI cases are not about the events that led to the charges; they are about protecting the rights of the accused. Our attorneys know that any improper action on behalf of law enforcement puts a DUI charge in doubt.
A DUI in Colorado means that drugs or alcohol have affected a person so much that he or she cannot properly control his or her vehicle.
There are other alcohol and driving-related charges on the books in Colorado, including “DWAI,” which stands for “driving while ability impaired.” A DWAI charge is similar to DUI, but covers lesser impairment. A DWAI charge only requires that a person’s ability to control his or her vehicle is less than ordinary. DUI charges require a more severe impairment.
If a law enforcement officer has probable cause to believe that you are DUI or DWAI and asks you to take any sort of test like a breathalyzer, you must comply with the request. If you refuse to take it, you risk automatically losing your license for up to a year.
In Colorado, the law presumes that a person is DWAI if he or she tests at a blood alcohol level of more than 0.05 but less than 0.08. At levels above 0.08, a person reaches the DUI threshold. At higher levels (those above 0.17), there are greater penalties.
The stakes are high in DUI or DWAI cases in Colorado. Guilty convictions result in a large number of points added to your license, which then increases your insurance rates. In most cases, license suspension, jail time, community service and a fine accompany a conviction – even for first time offenders.
A Colorado DUI is never an open and shut case. Cops need probable cause to suspect you of drunk driving in the first place. A DUI lawyer at Samuel S. Hansuld, P.C. provides the tenaciousness it takes to hold law enforcement and prosecutors responsible for every move they make when they charge you with a crime.
Other areas of DUI law where the protection of defendants’ rights is paramount include:
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Unconstitutional police questioning or other tactics
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Car stops and searches that violate a defendant’s Fourth Amendment rights
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Using statements that you made against you if officers obtained the statements in violation of your rights
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Overzealous prosecutors charging more serious crimes for which they lack evidence in the hopes of a defendant accepting a lesser “deal” and avoiding a trial
Fighting a Denver DUI requires a DUI attorney who knows that there is no more important role in our legal system then defending the rights of the accused. The only way we have justice is if all defendants receive the constitutional protections that our country guarantees. Contact a Denver criminal attorney at Samuel S. Hansuld, P.C. to defend your rights in a DUI case.