Denver DUI Attorney

If you have been accused of a DUI,  you should seek legal help from a criminal defense attorney. Weber Law is a criminal defense law firm with experienced criminal defense attorneys in California, Colorado, Utah, and Washington. We provide aggressive defense to all DUI charges to protect those accused of drunk driving from convictions or criminal penalties. 

DUI Charge

DUI (driving under the influence) occurs when a driver has a 0.08% or higher blood alcohol content (BAC). However, you can still be charged with DUI even if your test result is below 0.08%. If you refuse to submit a chemical test while your driving ability is impaired, you will also be charged with a DUI.

Driving a vehicle with a blood alcohol content of 0.08% or higher is illegal. Regardless of your signs of impairment, if your BAC is higher than 0.08%, you will be liable to be convicted of DUI Per Se. If you are charged with both DUI and DUI Per Se, then the plea offer will generally dismiss the DUI Per Se charge. But if you are convicted of both DUI and DUI Per Se, the sentences can run concurrently or simultaneously. 

According to Colorado law, it is illegal for anyone under twenty-one to operate a motor vehicle with a blood or breath content of 0.02% or greater. If a driver operates a car and registers a BAC between 0.2% and 0.49%, the driver will be charged with underage drinking and driving (UDD). UDD is a class A traffic infraction, punished by the loss of license, among other penalties. So minors will be prosecuted the same as adults when registering  BACs at or above .05%.

DWAI Charge 

DWAI (driving while ability impaired) occurs when a driver registers a 0.05% or higher BAC level but less than 0.08%. There is no separate statute for drugs, as DUI covers alcohol, drugs, or both. 

With a DWAI charge, the state must prove that you operated a vehicle while under the influence or were impaired. When it comes to the permissible limit for marijuana or THC, Colorado has recently approved the limit of 5ng/100ml of blood for the active metabolite in THC (Delta-9). 

It is vital to understand that you can still be charged with driving under the influence even if your test results are below the permissible limit or you have a combination of drugs and alcohol. Moreover, you can be charged with DUI if you are suspected of being under the influence of other medications, such as prescription or over-the-counter drugs. 

If you refuse to submit a chemical test while showing signs of impairment, you will be charged with being under the influence of drugs. 

If you have been charged in Denver or the surrounding areas with DUI or DWAI, hiring one of our premier DUI attorneys is crucial. Contact an experienced attorney at 866-990-4036 today. You will want to consult the Weber Law criminal defense team, as we are focused on representing DUI clients.

Denver, CO DUI, and DWAI Criminal Penalties

Under Colorado criminal law, DUI and DWAI penalties are as follows:

• 1st DWAI: 2 days to 180 days jail time, two years of probation, $200-$500 fines, and 24-48 hours of public service
• 1st DUI: 5 days to 1 year of jail time, two years of probation, $600-$1000 fines, and 49-96 hours of public service
• 2nd Offense after more than five years: 10 days to one year of jail time, 2-4 years of probation, $600-$1500 fines, and 48-120 hours of public service
• 2nd Offense within five years: 10 days to one year of jail time, 2-4 years of probation, $600-$1500 fines, and 48-120 hours of public service
• 3rd or Subsequent Offense: 60 days to one year of jail time, 2-4 years of probation, $600-$1500 fines, and 48-120 hours of public service
• 1st UDD – no jail time, up to 24 hours of public service, and $100 in fines
• DUR (driving under restraint) Alcohol: 30 days to 1 year of jail time, $500-$1000 fines
• 1st Alcohol conviction with a BAC greater than .02%: 10 days to one year of jail time, up to two years of probation, $600-$1000 fines, and 48-96 hours of public service

If you have been charged with an alcohol-related driving offense in Colorado, you can face administrative and criminal penalties. The possible penalties for DUI charges are based on your prior criminal and administrative DUI convictions and the current number of points on your driving record. The administrative penalties are handled by the Department of Revenue, Division of Motor Vehicles (DMV). 

Administrative penalties are as follows:

• Failed BAC test of .080 or higher: 9 months suspension/revocation of license, with no points assessed
• 2nd Failed Bac Test or .080 or higher: 1 year of suspension/revocation of license, no points assessed
• 3rd or subsequent failed BAC test of .080 or higher: 2 years of suspension/revocation of license, no points assessed
• 1st Refusal: 2nd refusal:: 2 years suspension/revocation of license, no points assessed
• 3rd or subsequent Refusal:  3 years license suspension/revocation of license, no points assessed
• 1st DWAI criminal conviction: 8 points assessed
• 1st DUI criminal conviction: 9 months suspension/revocation of license, 12 points assessed
• 2nd DUI or DWAI criminal conviction in five years: 1-year suspension/revocation of license, 12 points set for DUI, and 8 points for DWAI
• 3rd or subsequent DUI or DWAI criminal conviction: 2 years suspension/revocation of driver’s license, 12 points assessed for DUI, and 8 points for DWAI
• 1st UDD (BAC .02 -.049): 4 points set, suspension/revocation – 3 months – 1st Offense 6 months – 2nd Offense one year – 3rd or subsequent Offense
• Driving Under Revocation / Suspension: 1-year suspension/revocation of driver’s license
• 2nd Driving Under Revocation / Suspension convictions in five years: 3 years suspension/revocation of driver’s license, no points assessed
• 3rd Major Traffic Offense in seven years: 5 years suspension/revocation of driver’s license 

As stated by the Federal Bureau of Investigation, 1,024,508 drivers were detained for driving under the influence of alcohol or drugs. The arrest rate in the United States is approximately one arrest for every 222 licensed drivers. 

If you are dealing with a DUI arrest, it can significantly impact your life for many years to come. But having the right legal assistance by your side can considerably change the outcome of your case. Our criminal defense trial lawyers will fight to have your DUI or DWAI charges dismissed entirely, or we’ll seek the best possible plea bargain arrangement. By reviewing your case and answering the questions you may have, we will fight your DUI case. 

What to Know During a DUI Stop in Denver, CO

If you are stopped for drunk driving, there are some legal rights you should know about. For starters, it is not mandatory to answer the law enforcement officer’s questions or offer any information about what you have consumed. 

You also have a right to refuse a field sobriety test, and you do not have to consent to a blood alcohol test, though you may face the consequences for this refusal. You always have the right to contact DUI lawyers before submitting to any tests. 

While Colorado DUI laws may be strict, if you have been charged for drunk driving, you may have your DUI or DWAI charges reduced or, better yet, dopped with the help of our aggressive district attorneys.  

What to do After a DUI Arrest in Denver, CO

If you have been arrested for driving under the influence, then you may find yourself in a scary and overwhelming situation. Most people do not know what to say or do in such cases. DUring an arrest for drunk driving or DUI of marijuana or drugs, you should do the following:

#1. Avoid Speaking About the Arrest

First of all, you should avoid speaking to anyone besides your attorney about your DUI case. Anything you say can be used against you in the Colorado Supreme Court. In addition, try to avoid posting something about your DUI cases on your social media accounts, as a comment can be used against the person who made it. 

#2. Seek Legal Assistance from a Denver DUI Attorney

The sooner you hire a Denver DUI lawyer to fight for your rights, the faster your case will be resolved. It is imperative to seek legal help if you have already been convicted for DUI charges in Denver, Co in the past. Be sure to get legal help if you are facing charges related to your DUI case, like hit and run charges, manslaughter, destruction of property, or an alcohol-related vehicular assault.

#3. Request a Hearing at the Department of Motor Vehicles

If your driver’s license was revoked, you should apply for a temporary driving license as soon as possible. Additionally, request a hearing at the DMV within seven days of being arrested. You will lose your ability to drive for an extended period by failing to do so.

#4. Request That the Arresting Officer Be Present for the Motor Vehicle Hearing

It is crucial to ask the officer who arrested you to be present for the Motor Vehicle Hearing, as both you and your legal counsel will learn more about your DUI case and potentially find grounds for getting it dismissed. If you have requested the officer to come and they fail to appear, your DUI charges will be dropped, and you will automatically get your driver’s license back. 

Lastly, it would be best if you were patient. As the consequences of a DUI charge or DUI conviction are severe, most people consider taking a prosecuting attorney’s first plea bargain offer. However, this option may not be favorable for you, as you may lose the opportunity to have your case dismissed on constitutional grounds. Instead of taking the first plea bargain, let your DUI lawyer handle your criminal defense. 

Have You Been Charged for DUI? Then Look No Further Than Our Criminal Defense Law Firm

Our criminal defense law firm can get your charges dismissed or help you get a favorable plea deal. We will protect you from missteps and will find any mistakes the police made during your arrest. An attorney can discredit the results of the field sobriety tests or any blood, breath, or urine tests that may have been conducted during your arrest. 

Some essential legal issues are raised at every step of the arrest-and-booking procedure, so at Weber Law, we will look for any weaknesses and use them to your advantage.

Weber Law provides aggressive defense to all Denver DUI charges by uncovering the flaws in the evidence against you. Our team will identify the constitutional, legal, and factual issues that may impact your DUI case and consider the best defense strategies. Our criminal defense lawyers will also guide you through the DMV hearing to help you achieve the best possible outcome. 

Our DUI defense law firm will work on every front to defend your rights and discredit the prosecution’s case. Whatever the prosecution may throw at you, we’ve seen it and fought it. We’ve been recognized as a top-rated DUI law firm by the National Trial Lawyers Association.

We will represent you with passion and confidence while utilizing every opportunity to reduce the charge’s impact on your criminal record. More than anything, we will defend your rights. Contact our law office today at (888) 541-2416 , and let us hear your story. 

Frequently Asked Questions

How much does a DUI lawyer cost in Colorado?

Colorado residents should expect to pay around $4,000 in attorney fees. Some people may reduce their costs through plea bargains and acquittals. 

Do I need a Denver DUI Attorney for a DUI in Colorado?

It would be best to contact a Colorado DUI attorney as soon as possible if you have been arrested on suspicion of drunk driving or driving under the influence of drugs. You have only seven days to request a hearing to keep your license, so the faster you seek legal help, the better. 

Can you fight a DUI in Colorado?

Yes, everyone can fight a DUI charge in Colorado. But you will need an experienced DUI lawyer to fight and beat your criminal charge. As not all local lawyers handle DUI criminal defense cases in Colorado, you should seek help from Weber Law. 

Weber law also handles domestic violence cases, criminal cases, drug crimes, and felony drug possession cases. 

How much is a Denver DUI Attorney?

Denver,  Colorado, the average cost is between $128 and $510 per hour. There is no standard rate for an hourly consultation; you should ask for the attorney’s fees when scheduling your free consultation.