DUI Attorney in Westminster

Protecting Your Rights & Future in Westminster, CO

Facing a DUI charge is challenging, but at Fife Luneau, P.C., we believe everyone deserves a vigorous defense. Our team of dedicated DUI attorneys in Westminster works tirelessly to protect your rights and minimize the impact of these charges on your life. Navigating the complexities of Colorado DUI laws can feel overwhelming, but our knowledge of local statutes assures you the clarity needed in these critical times.

In Westminster, CO, DUI charges can lead to severe penalties that may include heavy fines, license suspensions, and even jail time. Understanding the potential consequences is crucial when facing such charges. Our legal team is well-versed in the specific legal procedures and court systems in Adams and Jefferson Counties, which govern Westminster. This local familiarity empowers us to develop strategies that effectively address regional nuances, providing our clients with a more tailored and effective defense.

Facing a DUI charge? We offer free consultations and are available 24/7. Contact a DUI attorney in Westminster to protect your future. Call (720) 408-7130 or reach out online.

Understanding DUI Laws in Colorado

In Colorado, the crime of Driving Under the Influence (DUI) is primarily defined under Colorado Revised Statutes (C.R.S.) § 42-4-1301. The law makes it a crime to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The statute also establishes a separate offense called Driving While Ability Impaired (DWAI), which is a less serious but still a criminal offense. A knowledgeable DUI attorney in Westminster will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's case.

To convict you of a DUI or DWAI, the state must prove, beyond a reasonable doubt, the following elements:

• Operation of a Motor Vehicle: The state must prove that you were in actual physical control of the vehicle.
• Intoxication: The prosecution must prove that you were intoxicated. This is typically established in one of two ways:
  • DUI: The state must prove that you were "substantially incapable" of operating a vehicle. This can be established with a blood alcohol concentration (BAC) of 0.08% or greater, which gives rise to a permissible inference of intoxication.
  • DWAI: The state must prove that you were "less able" to drive than you ordinarily would have been, even to "the slightest degree," due to the consumption of alcohol or drugs. This is often proven with a BAC between 0.05% and 0.08%, which gives rise to a permissible inference of impairment.

For drug-related DUI cases, the law gives rise to a permissible inference that you were under the influence of one or more drugs if your blood contained five nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood. However, the prosecution must still establish that the drug was the cause of your impairment. The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on Field Sobriety Tests (FSTs), and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced Westminster DUI lawyer.

Classifications of a DUI Offense in Colorado

In Colorado, a DUI is a serious criminal offense. While a first, second, or even third offense is typically a misdemeanor, the charge can be elevated to a felony under specific circumstances. The penalties increase significantly based on the number of prior convictions and the presence of aggravating factors.

• Misdemeanor DUI: A first, second, or third DUI is classified as a misdemeanor. The penalties increase with each subsequent conviction. A first offense can result in a jail sentence of five days to one year. A third offense can result in a jail sentence of 60 days to one year.
• Felony DUI: A DUI can become a felony in a few ways:
  • Fourth or Subsequent Offense: A fourth or subsequent DUI conviction, regardless of when the prior convictions occurred, is a Class 4 felony.
  • Vehicular Assault: If a person, while driving under the influence, causes serious bodily injury to another person, the charge is automatically elevated to a Class 4 felony.
  • Vehicular Homicide: If a person, while driving under the influence, causes the death of another person, the charge is a Class 3 felony, regardless of prior convictions.

A knowledgeable DUI attorney in Westminster will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties and Collateral Consequences of a DUI Conviction in Colorado

A conviction for a DUI charge in Colorado can result in a complex web of direct penalties and far-reaching collateral consequences that will impact your life for years to come. Moreover, public transportation options in Westminster are limited compared to larger metropolitan areas. This often makes driving essential for work and personal obligations, intensifying the impact of a potential license suspension following a DUI conviction. We recognize these challenges and strive to preserve your ability to drive whenever possible, advocating for alternatives such as restricted licenses or community service in lieu of harsher penalties. Our proactive approach ensures you're not just another case file, but a valued client whose livelihood and future are our priority.

The severity of the penalties depends on the specific classification of the offense:

• First Offense (Misdemeanor): Up to one year in jail (with a mandatory minimum of five days), a fine of $600 to $1,000, 48 to 96 hours of community service, and a license suspension of up to nine months.
• Second Offense (Misdemeanor): Up to one year in jail (with a mandatory minimum of 10 consecutive days), a fine of $600 to $1,500, 48 to 120 hours of community service, and a license suspension of one year.
• Third Offense (Misdemeanor): Up to one year in jail (with a mandatory minimum of 60 days), a fine of $600 to $1,500, 48 to 120 hours of community service, and a license suspension of two years.
• Felony DUI (Fourth Offense): A fine of $2,000 to $500,000, a prison sentence of two to six years (with a mandatory three-year parole period), and a license suspension of up to two years.

These are just the direct penalties. A DUI conviction can also lead to court-mandated alcohol education and therapy, a required ignition interlock device (IID) on your vehicle, and other fees.

Collateral Consequences

A criminal record for a DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony DUI conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Understanding the DUI Defense Process in Westminster

Our process is designed to support and empower you:

1. Initial Consultation: Discuss your case directly with our legal team and outline defense strategies tailored to your situation.
2. Thorough Investigation: We gather evidence comprehensively, examining police reports and leveraging local insights to build a strong defense.
3. Defense Strategy Development: Our approach factors in the nuances of DUI laws in Colorado, including potential DMV hearings and field sobriety test challenges.
4. Representation & Advocacy: Our lawyers stand by you, providing strong court representation and working tirelessly to achieve a favorable outcome.

The initial consultation is more than a meeting; it's a comprehensive evaluation that sets the stage for a robust defense. During this session, we listen carefully to your account, consider the legal charges, and assess immediate concerns, laying out a strategy to address each aspect of your case. Our goal is to provide clarity and ensure you understand every step of the journey ahead.

In the subsequent investigation phase, we don't just look at evidence; we scrutinize it. Each piece is viewed through a lens of strategy, seeking weak links or errors that could be pivotal in court. Our investigative process often includes consulting with former law enforcement officers who offer critical insights into procedural missteps that might otherwise go unnoticed. This rigorous examination is what distinguishes our defense strategy in the competitive field of DUI law.

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