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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 .10, 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.
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You
can be charged with these (DUI) offenses even if you
are not driving a motor vehicle.
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If
you are found guilty of DUI or DWAI on a first
offense, the judge has no discretion in minimum jail sentences,
but can sentence you to longer periods depending on your blood
alcohol level. Your very first conviction for DUI carries
a minimum of two days in jail, and a second conviction for
DWAI will get you a minimum of 10 days. You will have
to undergo and pay for an alcohol evaluation, level one or
two alcohol classes, pay court costs and fines approaching
$600.00, plus legal fees. A second conviction can get you
6 months in jail, and a third a year. If you are declared
a habitual driving offender, a subsequent conviction within
ten years is a felony.
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You
can very likely find yourself acquitted of the criminal
charges, but still lose your license in the DMV hearing
anyway.
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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 convicted in the DMV hearing of DUI
and it is your first offense, you will surrender your license
for a period of 90 days, and will not be able to obtain a
"red" license, or license to drive only to and from
work. A second conviction will cost you your license for a
year.
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A
police officer can not simply stop your vehicle because
he suspects that you have been drinking.
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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.
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Constitutional
4th Amendment provisions guarantee us the freedom
from unreasonable search and seizure, and many DUI
cases are defeated at this level.
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All initial legal consultations are FREE, so please contact
Elaine Esther Lukic to schedule an appointment to discuss
the details of your case.
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