DUI

“Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle

“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

In Colorado, the law presumes that a person is DWAI if he or she tests at a blood alcohol level of more than 0.05 but less than 0.08. At levels above 0.08, a person reaches the DUI threshold. At higher levels (those above 0.15), there are greater penalties.

Driving under the influence and driving while ability impaired are misdemeanors, but they are class 4 felonys if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in section 18-3-205 (1) (b), C.R.S.; or any combination thereof.

DEFEND YOUR RIGHTS IN DUI CASES

The Berish Law Firm, P.C. knows that DUI cases are some of the most difficult cases to defend. Often times it’s more about protecting the rights of the accused and less about the events that led to the charges. We know that any improper action on behalf of law enforcement puts a DUI charge in doubt.

The stakes are high in DUI or DWAI cases in Colorado. Guilty convictions result in a large number of points added to your license, which then increases your insurance rates. In many cases, license suspensions, jail time, community service, probation supervision fees, fines and costs accompany a conviction – even for first time offenders.

A Colorado DUI is never an open and shut case. Cops need a reasonable suspicion or probable cause to suspect you of drunk driving in the first place. The Berish Law Firm, P.C. provides the tenaciousness it takes to hold law enforcement and prosecutors responsible for every move they make when they charge you with a crime.

Other areas of DUI law where the protection of defendants’ rights is paramount include:

• Unconstitutional police questioning or other tactics
• Car stops and searches that violate a defendant’s Fourth Amendment rights
• Using statements that you made against you if officers obtained the statements in violation of your rights
• Overzealous prosecutors charging more serious crimes for which they lack evidence in the hopes of a defendant accepting a lesser “deal” and avoiding a trial

Fighting a Denver DUI requires a DUI attorney who knows that there is no more important role in our legal system then defending the rights of the accused. The only way we have justice is if all defendants receive the constitutional protections that our country guarantees. Call Lee Free to defend your rights in a DUI case.