Driving Under the Influence (DUI) is a serious offense in Colorado, with stringent laws and severe penalties for offenders.

However, it’s essential to understand that being charged with a DUI does not necessarily mean you will be convicted. Proper legal representation can make a significant difference in your case.

What Is A DUI?

A DUI offense is when someone operates a motor vehicle with an illegal blood alcohol concentration (BAC) of 0.08 or higher, which is considered to be impaired driving. Colorado also considers it a crime if your BAC is lower than the legal limit but still high enough to impair your safe driving ability.

What Is DUI With Injury?

DUI with injury is a more severe form of DUI that occurs when someone drives under the influence and causes physical or financial harm to another person. This charge can carry additional penalties, including jail time, fines, suspended licenses, mandatory alcohol treatment programs, community service hours, and restitution payments.

What Is Known As A Probable Cause In DUI?

In Colorado, law enforcement officers require probable cause to initiate a DUI investigation. This means they must have reasonable suspicion that you are driving under the influence of drugs or alcohol. Some common signs of impairment include weaving, swerving, speeding, or failing to obey traffic laws.

Consequences Of DUI Conviction In Colorado

Driving Under the Influence (DUI) convictions carry severe penalties in many states, and Colorado is no exception. The consequences of a DUI conviction in Colorado can vary depending on various factors, including the driver’s Blood Alcohol Content (BAC), whether the driver has had previous DUI convictions, and whether the DUI incident resulted in property damage, injury, or death.

Below are the potential consequences of a DUI conviction in Colorado:

1. Criminal Penalties:

• • First DUI Conviction:
    
    • Jail time: 5 days to 1 year.
    • Fine: $600 to $1,000.
    • Public service: 48 to 96 hours.
  • Second DUI Conviction (within five years):
    
    • Jail time: 10 days to 1 year.
    • Fine: $600 to $1,500.
    • Public service: 48 to 120 hours.
  • Third and Subsequent DUI Convictions:
    
    • Jail time: 60 days to 1 year.
    • Fine: $600 to $1,500.
    • Public service: 48 to 120 hours.

2. License Suspension/Revocation:

• First DUI Conviction: 9 months suspension.
• Second DUI Conviction: 1-year suspension.
• Third DUI Conviction: 2 years suspension.

3. Mandatory Installation of an Ignition Interlock Device (IID): After a certain period of license suspension, the offender might be required to install an IID in their vehicle for a set time.
4. Alcohol Education and Treatment: Most offenders must undergo alcohol education and possibly treatment. The number of violations and the particulars of each case will determine the length and severity of the consequences.
5. Points on Driving Record: A DUI conviction will add 12 points to a driver’s license, which could result in a license suspension for accumulating too many points in a specific timeframe.
6. Increased Insurance Rates: A DUI conviction often leads to significantly higher auto insurance premiums. Some insurance companies might even drop coverage for those with DUI convictions.
7. Permanent Criminal Record: A DUI conviction will result in a permanent criminal record, which can impact employment opportunities, rental applications, and more.
8. Restitution: If the DUI incident resulted in property damage, injury, or death, the court might order the offender to pay restitution to the victims.
9. Potential Felony Charges: If a driver has had multiple DUI convictions or the DUI incident resulted in severe injury or death, the driver could face felony DUI charges, which come with more severe penalties.
10. Other Consequences: Beyond legal penalties, a DUI conviction can affect one’s personal and professional reputation. It might also result in relationships, jobs, and other personal challenges.

An Experienced DUI Lawyers Is Needed For DUI Offenses 

If you are facing DUI charges in Colorado, seeking help from an experienced and knowledgeable defense lawyer is essential. At Patricia M. Perello P.C., we have the skill and experience to provide comprehensive legal representation for all DUI offenses. We understand how profound a DUI conviction can be and are committed to helping our clients achieve the best possible outcome.

We specialize in all aspects of DUI defense, including arguing to reduce or dismiss charges, challenging evidence brought against you, and fighting for a favorable plea agreement. Our attorneys are well-versed in Colorado’s DUI laws and can help ensure your rights are protected throughout the legal process. We will work hard to secure an outcome that minimizes the impact on your life and future.

Defense Strategies for Colorado DUI Cases

If someone is charged with a DUI in Colorado, they should consult with an experienced DUI attorney. While each case is unique, several common defense strategies may be used depending on the specific circumstances of the arrest:

1. Questioning the Initial Stop: The defense might argue that law enforcement did not have probable cause or a valid reason to stop the initial traffic.
2. Challenging Field Sobriety Tests: Field sobriety tests can be subjective and may not always be reliable indicators of intoxication. There might be reasons unrelated to alcohol or drugs (e.g., medical conditions, uneven surfaces, poor lighting) that affect a person’s performance on these tests.
3. Challenging Blood or Breath Test Results: The defense might:

• Question the accuracy of the breathalyzer or blood test equipment.
• Highlight potential operator errors.
• Point out that the equipment was not properly calibrated or maintained.
• Bringing up the possibility of contamination in blood samples.
• Highlight that there was an extended time between the arrest and the blood or breath test, which might make the results less relevant.

4. Questioning the Chain of Custody: For blood tests, the defense might challenge whether the sample was properly handled, stored, and processed without contamination or mix-up.
5. Rising Blood Alcohol Concentration: The absorption of alcohol into the circulation takes time. The defense may claim that the defendant’s BAC was below the limit at the time of driving but had grown by the time of the test.
6. Medical Conditions: Some medical conditions or diets can produce mouth alcohol or cause symptoms that mimic intoxication. This might affect breathalyzer results or an officer’s subjective observations.
7. Improper Police Procedure: If law enforcement officers did not follow correct procedures during the arrest or processing, it might provide grounds for challenging the evidence or dismissing the case.
8. Miranda Rights Violations: An individual needs to correctly read their rights upon being taken into custody; any statements they made afterward might be excluded from evidence.
9. Questioning the Credibility of Witnesses: If other individuals provided testimony or evidence against the defendant, the defense might seek to discredit these witnesses or highlight inconsistencies in their statements.
10. No Actual Physical Control: Being in a car while intoxicated is not necessarily a DUI if the person isn’t driving or isn’t in a position to drive (e.g., sleeping in a parked car).
11. Use of Expert Witnesses: The defense may bring experts on alcohol metabolism, toxicology, or breathalyzer mechanics to challenge the prosecution’s claims or evidence.
12. Involuntary Intoxication: It’s rare, but the defense might argue that the defendant was unknowingly or involuntarily given alcohol or drugs, making them not responsible for their intoxication.

Patricia M. Perello P.C.: Your Advocate in Trying Times

The process can feel overwhelming if you’re facing a DUI charge in Colorado Springs. Legal complexities, potential penalties, and the looming threat to your personal and professional life can be daunting. That’s where Patricia M. Perello P.C. comes in.

Free Consultation

Understanding your rights and the legal landscape is the first step in building a robust defense. Patricia M. Perello P.C. offers a free consultation to prospective clients. This meeting is your opportunity to:

1. Understand the specifics of your case.
2. Get an honest assessment of the potential outcomes.
3. Learn how Patricia M. Perello P.C. plans to defend you.

How DUI Lawyer Patricia Perello Can Help You

With her vast experience in the Colorado Springs legal system and deep knowledge of DUI laws, Patricia is uniquely positioned to guide you through this challenging journey. Here’s how she can assist:

1. Expert Defense Strategy: Drawing from her extensive experience, Patricia will craft a defense tailored to the specifics of your case, from challenging the initial traffic stop to questioning test results.
2. Guidance Through the System: The legal process can be complex and confusing. Patricia ensures you’re always informed, guiding you through every step from arraignment to potential trial.
3. Protection of Your Rights: Ensuring law enforcement and the legal system respect your rights is paramount. Patricia will vigilantly safeguard them.
4. Negotiation Expertise: Not all cases go to trial. Patricia’s negotiation skills can lead to reduced charges or even case dismissals in specific scenarios.
5. Emotional and Moral Support: Beyond legal assistance, Patricia offers the emotional and moral support you need during this challenging time.

Your future and reputation are on the line. Trust them to someone who understands the stakes, the system, and the strategies to defend you. Trust them to Patricia M. Perello P.C. in Colorado Springs.