Criminal Defense: Driving Under the Influence (DUI), Driving While Ability Impaired (DWAI), Driving Under the Influence of Drugs (DUID).

If you are cited for DUI, DWAI or DUID in Colorado, it is important that you understand the very confusing rules of what you must comply with, what you should not comply with, and what rights you are entitled to. Very few individuals are aware of these Colorado rules and the implications of not knowing these rights can cause a jail sentence, revocation of your driver's license, monetary fines, and increases in your insurance rates. In Colorado, if you are stopped while driving and your blood alcohol level is in excess of .05, you will be charged with DWAI. If your blood alcohol level exceeds .08, you will be charged with DUI. You can be charged with these offenses even if you are not driving a motor vehicle, but have "exclusive control" over the vehicle, i.e. sleeping in the front seat of your car with the keys in your possession, or walking away from your vehicle when it is parked along the side of a road.

If you are found guilty of DUI or DWAI, Colorado judges have no discretion in sentencing you to the minimum jail terms as determined by C.R.S. statutes as legislated on July 1, 2010, but can certainly decide to sentence you to far longer jail terms. The new sentencing rules include absolutely mandatory minimum sentences of at least 10 days for bac's over .180, even on a first offense, 10 days minimum jail for second offenses, and 60 day minimum sentences on third offenses, and electronic home moniters are no longer authorized. Maximum jail terms of one year are possible for first offense DUIs, and for DWAI and DUIs if you have a prior conviction. Many County Court Judges, particularly Summit County and Clear Creek County, have must stricter sentencing guildelines for even first offenses. It is important that you use a defense attorney who practices primarily in the County of your case to insure that they are aware of each Judge's own sentencing rules. Fines and costs and fees for your DUI case can approach $10,000.00, including increases in your auto insurance rates. It is important to retain defense counsel to minimize these costs.

In addition to the criminal proceeding, you will be subject to a completely separate civil proceeding with the Department of Motor Vehicles. Since the criminal proceeding has nothing to do with the DMV proceeding, you can very likely find yourself acquitted of the criminal charges, but still lose your license in the DMV hearing anyway. The DMV hearing is civil and conducted as an administrative hearing, which means that the burden of proof is much less-it is only necessary that the hearing officer find you "more likely than not," or by a preponderance of evidence, to have been driving while your ability was impaired, and you will have a conviction on your Colorado Department of Motor Vehicle record and lose your license. If you are determined at the DMV hearing of having operated a motor vehicle while under the influence of alcohol or drugs, you will lose your driving privileges in Colorado on a first offense for nine months. There are no longer provisions for a "red" or "work" license. A defense attorney can often reduce the period of revocation to 30 days. If you refuse to submit to a breath or blood test when probable cause exists for the arresting officer to request that you take it, you will lose your license in Colorado for one full year.

Why hire a criminal defense attorney for a DUI?
A police officer can not simply stop your vehicle because he suspects that you have been drinking. He must have "reasonable suspicion" that you have violated a specific traffic regulation, such as speeding, weaving, or running a stop sign. Elaine Esther Lukic has experience in conducting criminal motion hearings to challenge reasonable suspicion. Constitutional 4th Amendment provisions guarantee us the freedom from unreasonable search and seizure, and many DUI cases are defeated at this level. If it is not possible to challenge your stop, it may be necessary to attack the technical aspects of your case. A jury trial on the issue of whether or not the breathalyzer was appropriately serviced and accurate, and whether a second sample of your breath sample was adequately preserved. Ms. Lukic will litigate both the criminal and civil aspects of your case, including the DMV hearing, the appeal, and District court civil trial, to help you keep your driver's license. In Colorado, the statues severely penalize repeat offenders of DUI and DWAI offenses, so it is important that you aggressively fight against even a first conviction to avoid lengthy jail sentences and loss of your driving privileges upon any subsequent convictions.

All initial legal consultations are FREE, so please contact Elaine Esther Lukic to schedule an appointment to discuss the details of your case.