Defending Yourself Against DUI Charges in Colorado

Understanding Your Rights & Obligations Under State Law

Driving under the influence (DUI) and driving with ability impaired (DWAI) are two of the most commonly convicted offenses in the United States. With law enforcement agencies actually incentivized to arrest more people for drunk driving—and sometimes doing it unfairly—it can seem that your own arrest is nothing more than an officer meeting a quota.

But whether or not the charge against you is unfounded or you were drunk as a skunk, you deserve a defense as you face the criminal justice system. At The Orr Law Firm, our Denver DUI attorneys are committed exclusively to investigating the details and legitimacy of every case we take and keeping our clients informed of their rights under the law. In fact, our firm focuses solely on DUI and DWAI issues in Colorado and we take very few other cases.

Information on DUI Defense

When you’ve been arrested for drunk driving, it’s critically important to stay informed. The pages below contain comprehensive information on DUI defense in Colorado:

• Knowing your rights: Drunk driving is one of the few crimes in the U.S. for which you could be denied rights supposedly guaranteed to you in the Constitution. In Colorado, for example, you don’t have the right to speak with a lawyer before incriminating yourself because you’re legally required to submit to a blood or breath alcohol content (BAC) test. It’s important to know your rights related to DUI arrests.
• DUI Checkpoints: Another exception to constitutional rights, DUI checkpoints trap motorists at predetermined locations, where law enforcement officers can stop drivers without probable cause.
• Standardized Field Sobriety Tests: There are three standardized field sobriety tests the National Highway Traffic Safety Administration have approved for use by police officers nationwide. It's important to know and understand each of these tests and to understand which tests are not approved or part of the battery of standardized tests.
• Colorado express consent law: Under state law, all motorists are required to submit to chemical (breath or blood) tests that measure blood alcohol content. This is referred to as express consent because any person operating a vehicle in Colorado expressly agrees to it.
• Physiology of your BAC: Blood and breath tests are complex and prone to error. It’s wise to learn more about the physiology of your BAC and how alcohol intake affects levels depending on weight, gender, tolerance and other factors.
• Refusals: With Colorado’s express consent law, drivers are required to take a blood or breath test if a police officer has probable cause to believe your ability to operate a motor vehicle is impaired to the slightest degree. Although you can refuse to take these tests, your penalties will be steeper if you are eventually convicted of DUI or DWAI and the penalties against your driving privileges are also much more severe. Your refusal to take the chemical test will also be used against you at trial as an indicator of guilt or a guilty conscience.
• The DUI process: There are several stages to the DUI process, including the arrest, express consent hearing, arraignment, pretrial conferences, motions, jury trials and sentencing. You should understand each step and what it involves.
• Multiple alcohol offenses: In Colorado, it’s impossible to expunge an alcohol-related driving conviction from your criminal record, and the penalties for DUI and DWAI are more severe if you were convicted of one or multiple alcohol offenses in your past.
• Strategies for fighting a DUI charge: There are a number of strategies an attorney may use to defend a client against DUI charges, such as questioning the tactics of law enforcement and disputing BAC test results.
• Drunk driving accidents: If you’re suspected of DUI after an auto accident, you may face elevated criminal charges and greater potential penalties.

Seek Help from a Knowledgeable DUI Defense Lawyer in Denver

For a free initial consultation with a qualified attorney focused on DUI and DWAI defense issues, consult the team at The Orr Law Firm today.