DUI-D Attorney in Englewood

Facing Drug Intoxication Charges in Englewood? Let Us Help Protect Your Future

When law enforcement accuses you of driving under the influence of drugs in Englewood, your future can feel uncertain. At Fife Luneau, P.C., we provide steady guidance and clear answers during a confusing time. Our team focuses on defending the rights of individuals accused of DUI defense, ensuring you receive a fair process and every chance to move forward with your life as your DUI-D attorney in Englewood.

We understand how a DUI-D charge affects not only you but also your loved ones and your daily life. Many people do not expect to face drug impairment charges and may not realize Colorado’s enforcement protocols are among the strictest in the nation. In Englewood, law enforcement officers actively conduct traffic stops and investigations for suspected drug intoxication. Working with a DUI-D lawyer in Englewood who is familiar with these local practices helps you navigate the court process with confidence.

Your DUI-D defense must start now. Call (720) 408-7130 or fill out this online form immediately for a free consultation with a dedicated DUI-D attorney in Englewood. Our firm is available 24/7 for our clients.

Understanding Colorado’s DUI-D Law and Impairment Standard

In Colorado, DUI-D is defined under C.R.S. 42-4-1301, the same statute governing alcohol-related offenses. The penalties are identical, but the evidence used to prove the case is fundamentally different, relying on subjective and scientific standards.

The Two DUI-D Charges

• DUI (Driving Under the Influence of Drugs): The driver is substantially incapable of safely operating a vehicle due to the consumption of one or more drugs, or a combination of drugs and alcohol.
• DWAI (Driving While Ability Impaired by Drugs): The driver's ability is affected by the drugs "to the slightest degree" so that the person is less able to drive than they ordinarily would have been.

The Per Se THC Inference

Colorado law creates a "permissible inference" that a driver is under the influence if their whole blood contains five nanograms (5 ng) or more of delta 9-tetrahydrocannabinol (THC) per milliliter.

• Crucial Distinction: This is only an inference, not a conclusive per se violation like the 0.08% BAC for alcohol. The prosecution must still prove actual impairment based on observed behavior, which is where a skilled DUI-D attorney in Englewood focuses the defense.
• Medical Marijuana: The fact that a person is legally entitled to use medical marijuana is not a defense against a DUI-D charge.

The Core Battle: Scientific Evidence and DRE Protocol

DUI-D cases are unique because the evidence is often less reliable than a calibrated breath test for alcohol. Our firm focuses on attacking the two primary pieces of evidence used by the prosecution: the Drug Recognition Expert (DRE) testimony and the blood test results.

1. Challenging the Drug Recognition Expert (DRE) Protocol

In a DUI-D case, the officer often conducts a 12-step DRE evaluation to determine the category of drugs affecting the driver. We challenge the reliability of this subjective process by arguing:

• Procedural Errors: The DRE protocol must be followed meticulously. We scrutinize the officer's training, the conditions of the test (e.g., lighting, weather), and whether procedural steps (like taking a pulse or checking eye movements) were correctly performed.
• External Factors: The observations cited by the DRE (e.g., slow speech, poor coordination) can often be explained by factors like fatigue, allergies, illness, or nervousness, not necessarily drug impairment.

2. Dissecting the Blood Test (THC and Metabolites)

Unlike alcohol, THC and its metabolites can remain in the bloodstream for days or weeks after use, meaning a positive test does not prove impairment at the time of driving.

• THC Level vs. Impairment: We leverage the fact that the 5 ng inference is easily challenged. Our firm works with expert toxicologists to explain to the jury that the presence of the drug does not correlate with the degree of impairment, especially for habitual users of cannabis.
• Title 17 Violations: We check for violations of the mandatory Title 17 regulations regarding the proper collection, handling, storage, and analysis of blood samples. Improper handling (e.g., fermentation, contamination) can lead to the suppression of the test results.

As members of The National Trial Lawyers Association, we have the trial experience to simplify these complex scientific concepts for a jury.

Penalties and Collateral Consequences of a DUI-D Conviction in Englewood

The penalties for DUI-D are identical to those for alcohol-related DUI, including the lifetime lookback period for subsequent offenses:

• First Offense: Requires a minimum of 5 days in jail (applies when BAC ≥ 0.20 or by court discretion), a 9-month license suspension, and completion of Level II Alcohol/Drug Education and Therapy.
• Second Offense: Requires a minimum of 10 consecutive days in jail, a 1-year license suspension, at least 2 years of probation, and installation of an IID.
• Third Offense: Requires a minimum of 60 consecutive days in jail, a 2-year license suspension, at least 2 years of probation, and installation of an IID.
• Fourth Offense (Class 4 Felony): Includes extended penalties, 2–6 years in prison with a mandatory minimum of 3 years of parole.

Beyond the mandatory penalties, a DUI-D conviction results in a Permanent Criminal Record and the Persistent Drunk Driver (PDD) designation, requiring the installation of an Ignition Interlock Device (IID) for a minimum of two years.

Our Commitment to DUI-D Defense & Client Support

You deserve representation from professionals who know the laws and procedures for DUI-D and drug intoxication cases in Colorado. As a law firm trusted by clients and media outlets, Fife Luneau, P.C. brings extensive knowledge to every case. We always keep in mind that your future and freedom matter. 

Our team believes in the presumption of innocence and works diligently to minimize the effects of drugged driving allegations on your life in Englewood.

• Strategic case preparation: We examine every piece of evidence, from arrest details to field sobriety tests, to ensure the court considers all factors that may prove your innocence.
• Thorough knowledge of Colorado DUI laws: Our deep familiarity with local, state, and DMV procedures matters. Local law enforcement in Englewood applies Colorado’s strict DUI-D statutes, often making outcomes hinge on technicalities such as blood or urine test reliability.
• Dedicated client support: We communicate openly with every client, explaining each step along the way so you always know what to expect.

Our approach to defending against DUI-D and drug intoxication charges is both thorough and client-centered. By remaining up to date on changes in Colorado’s DUI-D case law and monitoring local court trends, we are able to apply relevant legal strategies in every matter we handle. 

This commitment enables us to give you a defense built on preparation and integrity, so you feel informed and supported from start to finish. Choosing our team means you invest in a defense that takes your unique situation seriously and works relentlessly to protect your rights.

How Our DUI-D Attorney in Englewood Supports You Every Step

When you reach out to our team, we listen to your story and take your questions seriously. We explain potential consequences and develop a defense tailored to your unique circumstances. Our careful approach often includes:

• Detailed fact gathering: We collect reports, test results, and witness accounts.
• Independent investigation: When appropriate, we work with investigators to uncover information law enforcement may have overlooked or misconstrued.
• Helpful communication: You receive regular updates about your case, so you never feel left out or confused.
• Clear explanation of your options: We make sure you understand every phase in the process and the choices ahead of you.

Responding to Local Timelines & Procedures

We also recognize that handling a DUI-D charge affects more than just your case documents or court appearances. Many clients feel stress related to work, family, and transportation needs if they face license suspension. Our team helps you map out deadlines, anticipate next steps, and prepare for local court procedures so you can make informed decisions. By working with us, you gain practical guidance that fits your daily challenges and supports you through each stage of your DUI-D defense in Englewood.

Contact Our DUI-D Lawyer in Englewood & Get the Guidance You Deserve

If you or a loved one faces DUI-D or drug intoxication charges, you do not have to go through the process alone. Connect with Fife Luneau, P.C. for a clear, honest discussion about your case. Our firm combines local experience, strategic preparation, and a focus on your rights. When you call, you take the first step toward a more informed and prepared defense led by a trusted DUI-D attorney in Englewood.

Reach out today at (720) 408-7130 or contact us online. Let’s review your situation together and discuss how we can help you protect your future.

Frequently Asked Questions

What is considered a DUI-D in Colorado?

Colorado defines DUI-D as driving under the influence of drugs, either illegal or prescription, or even over-the-counter medications that impair your ability to drive safely.

Do I automatically lose my license after a DUI-D arrest?

You do not automatically lose your license. You typically must request a DMV hearing within a short timeframe after arrest to contest license suspension.

Can prescription medications lead to a DUI-D charge?

Yes. Legal prescription drugs can result in a DUI-D charge if they impair your ability to safely drive, even with a doctor’s direction.

How do police test for drugs while driving?

Police use field sobriety tests, chemical tests like blood or urine analysis, and observations from trained officers or drug recognition experts.

Should I speak to law enforcement after a DUI-D stop?

You have the right to remain silent and request an attorney. Speaking further without guidance can impact your case, so wait for legal advice before answering questions.

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