Driving under the influence (DUI) is prohibited in the State of Colorado. Those who have been accused of a DUI could face serious consequences if convicted. The outcome of a DUI charge depends on many elements, including the results of a blood or breathalyzer test, if you took one, your history of involvement with the law, including past criminal convictions, any driving or non-driving related charges associated with your case, as well as witness testimony.
If you have been accused of driving under the influence, it may be worthwhile to contact a Loveland DUI lawyer who could help you understand the charges and advocate on your behalf. Our skilled legal team at Nicol Gersch Law knows what it takes to fight your case. We will work hard to help you reach a favorable outcome.
According to Colorado Revised Statutes §42-4-1301 a driver is presumed to be under the influence of alcohol when alcohol content registers at .08 grams or more per 100 milliliters of their blood or 210 liters of their breath. A test between .05 and .08 means you are likely to be charged with Driving While Ability Impaired (DWAI) a lesser offense, but carrying nearly the same consequences. While, a content level of .05 grams or less, on the other hand, establishes that the driver is not under the influence. When the level falls somewhere between these ranges, police will consider additional evidence in reaching a conclusion. Lower levels apply if a driver is under the age of 21.
A driver who refuses to submit to testing to determine whether they are under the influence could have their driver’s license revoked, as per C.R.S. §42-2. Even when a blood test is acquired involuntarily, the alcohol level found may be admissible against the driver as evidence in a prosecution or in a DMV hearing. Stricter penalties may apply to drivers of commercial vehicles.
What’s more, police do NOT have to have a valid test to convict you. We often see cases with bad driving behavior alleged, failure of standard roadside field sobriety tests (or SFSTs), or other “indicia of intoxication” used against our clients. A DUI conviction merely means you are substantially incapable of safely operating a motor vehicle even in the absence of a blood or breath test. A DWAI means you are impaired to the slightest degree in your ability to safely operate a motor vehicle. Being able to combat or explain the reasons for the evidence against you (i.e. a medical condition, emergency, or automotive failure, etc.) can mean the difference between losing your license or not, and a conviction or an acquittal. Get with an experienced Loveland DUI attorney at Nicol Gersch Law to evaluate your case and likelihood of success today!
As detailed in C.S.R. §42-4-1301, penalties for driving under the influence of alcohol or drugs vary according to the circumstances involved. While a DUI is a misdemeanor, it can rise to a felony, depending on the driver’s history of convictions. A driver charged with a felony DUI for having three prior convictions and being arrested for a fourth alleged offense could benefit from the assistance of a Loveland attorney who knows how to protect their rights.
An experienced DUI lawyer may take a variety of approaches to mitigate the consequences of a conviction, have the charge reduced, or have the case dismissed. Several issues could affect the outcome of a case, including the type of evidence the prosecution presents, the police officer’s reason for pulling the client over, the reliability of a sobriety test, and whether a statement made by the accused was properly obtained. Details that may initially seem inconsequential sometimes have a substantial impact on the outcome of a case.
If you’ve never been charged with driving under the influence, a hardworking Loveland DUI lawyer could advocate on your behalf to help negotiate a lesser sentence or help get the charges dropped. Our legal team at Nicol Gersch Law could investigate the incident to determine if there is a basis for seeking a dismissal, preventing the admission of damaging evidence, or pursuing a lessened sentence.
All DUI charges are not the same. They need to be fought on their own terms, and on your terms. Call today to get started building a defense.