Strong Defense Against Colorado DUI Charges
If you are cited for DUI, DWAI or DUID in any state, 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. You can be charged with DUI 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.
I am criminal defense attorney Elaine Lukic, and I am committed to protecting the rights of people who are facing DUI charges in Colorado. While it may feel like there is no way around a drunk driving allegation, there are effective defenses that may be raised. I will thoroughly review the circumstances of your case and help you explore your options for moving forward. Call me directly in Lakewood, Colorado, or in Summit County, Colorado, at 800-478-8859, or contact me online to schedule a consultation at any of my law offices.
Protect Yourself From The Expense Of A Drunk Driving Conviction
Fines, fees and other costs for your DUI case can approach $10,000, plus increases in your auto insurance rates. It is important to retain defense counsel to minimize these costs. In addition, a conviction typically results in a criminal record that could have a negative effect on employment opportunities and have other long-lasting ramifications. Do not attempt to fight a drunk driving charge on your own.
You Could Still Lose Your Driver’s License Even If You Are Acquitted Of Criminal Charges
In addition to the DUI 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 could very likely find yourself acquitted of the criminal charges, but still lose your license in the DMV hearing anyway.
The DMV hearing is 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” to have been driving while your ability was impaired. If it is determined at the DMV hearing that you operated a motor vehicle while under the influence of alcohol or drugs, you will lose your driving privileges in multiple states. A defense lawyer can often reduce the period of revocation.
You Have Constitutional Rights. Make Sure They Are Protected.
A police officer cannot simply stop your vehicle because the officer suspects that you have been drinking. The officer must have “reasonable suspicion” that you have violated a specific traffic regulation, such as speeding, weaving or running a stop sign.
I have 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.
One possible option is to have 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. I 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 multiple states, the statutes severely penalize repeat offenders of DUI and DWAI offenses, so it is important that you aggressively fight against a conviction to avoid lengthy jail sentences and loss of your driving privileges upon any subsequent convictions.