Officers often stack multiple charges on a defendant during a drunk-driving arrest because they hope something will stick!

It’s important to note that law enforcement can charge you with whatever it wants. All that matters is whether you are convicted in a court of law.

Common charges include DUI, DUI per se, and DWAI:

• DUI: Driving under the influence alleges you were driving with a breath-alcohol level above the nationwide legal limit of .08.
• DUI per se: Per se means “by itself.” In a legal sense, it means you are presumed guilty of the offense if you tested above the legal limit of .08.
• DWAI: Colorado has a lesser offense meant to ensnare drivers who are stopped yet test below the legal limit of .08. In most states, this would mean you go home. Not in Colorado. If you test over .05 but less than .08, you may be charged with driving while ability impaired. While the criminal sanctions are slightly less, they are still significant. And, perhaps most importantly, a DWAI conviction will count as a previous offense in the event you face a future charge of either DUI or DWAI.
• Reckless Driving: Operating a motor vehicle with wanton or willful disregard for property or the safety of others.
• Persistent drunk driver: Enhance offense for those who refuse the post-arrest breath test, who have multiple previous convictions, who are driving without a license due to a previous DUI conviction, or who test with a BAC over .15.

DUI Defense in Fort Collins and Brighton

Drunk driving is the most common charged criminal traffic offense in Colorado and a leading revenue generator for municipal court systems throughout the state. Law enforcement often charge you with everything, hoping you will plead to something. Our experienced drunk driving defense lawyer knows motorists who reach out to an experienced defense lawyer put the power back in their own hands, where it belongs. Sargent has built a reputation as a trusted resource and a seasoned and aggressive defense lawyer in Brighton and throughout Adams and Weld counties, as well as Larimer County and the Fort Collins area, including Loveland, Berthound, Estes Park, Johnstown, Timnath, Wellington and Windsor.

The consequences of a DUI are serious. First offense penalties include license suspension, 5 days to 1 year in jail, fines of up to $1,000, and up to 96 hours of community service. Nationwide, the average cost of a conviction is more than $10,000 once all costs are included, including lost wages and drastically increased insurance premiums.

Perhaps more importantly, a subsequent arrest and conviction can leave motorists open to drastic penalties and labeling as a persistent offender. Veteran defense lawyers, and those convicted, know too well that those with a drunk-driving conviction on their record are too often targeted and frequently stopped by law enforcement.

The hope is that you will plead guilty and attempt to put the incident behind you. We think that is a serious mistake, which is why we have committed to offering timely legal advice and free and confidential consultations to those dealing with a drunk-driving arrest. Hiring an experienced defense attorney gives you many options, and may even be enough in and of itself for the court to keep the docket moving by offering you a reduction to a lesser charge after meeting with your DUI defense lawyer.

The truth is there are many valid defenses to drunk driving charges, including:

• Challenging probable cause for the traffic stop.
• Challenging the manner in which field sobriety tests were administered.
• Asserting that medical condition led to stop, or test failure.
• Challenging the training of officers involved.
• Challenging the maintenance and calibration of testing equipment.

Time is of the essence. Colorado law utilizes a two-stage system to prosecute these cases (more fees!): You have just 7 days to request a DMV Administrative hearing to contest the loss or suspension of your driver’s license. These hearings are administered by the Colorado Department of Revenue. Early consultation with a DUI defense lawyer in Brighton or Fort Collins can allow your attorney to prepare to defend your rights at this hearing while also getting a good first look at some of the evidence that will be used against you in criminal court.

Call 970-592-2805 for a free and confidential consultation to discuss your rights.