Denver DUI Lawyer

DUI charges may be brought when somebody has consumed alcohol or one or more drugs, or a combination of these, and the alcohol or drugs affect them to a degree that they are largely incapable mentally or physically of driving. This means that they are unable to use clear judgment, use enough physical control, or use due care in the safe operation of a vehicle. The penalties even for a first DUI, DUI per se, or DWAI can be severe. These may include incarceration, the loss of a driver’s license, participation in a Victim Impact panel, monitoring, restitution, and alcohol treatment and education. Collateral consequences can include a criminal record, educational challenges, job loss, and the loss of an occupational license. To avoid these harsh outcomes, you should consult a DUI attorney in the Denver area who can investigate all of the available defenses. For example, these may involve arguing that the original stop was unjustified or that there was an innocent explanation for the driver’s apparent intoxication.

Driving While Ability Impaired (DWAI) is charged when someone drives a car while impaired by alcohol or drugs or both, even to the slightest degree. The prosecutor needs to prove the slightest degree of impairment due to alcohol or drugs beyond a reasonable doubt in order to secure a conviction. When a driver’s blood alcohol content is between .05 and .08, there is a permissible inference that the driver was operating the vehicle while their ability was impaired. However, it is possible to introduce evidence to prove that there was no impairment. A DWAI conviction carries many of the same penalties as a DWI conviction.

Crimes can be charged as felonies or misdemeanors. Felonies are more serious than misdemeanors. However, whether a felony or a misdemeanor is charged, each element of the crime must be proven beyond a reasonable doubt. This is a high standard, but prosecutors often pursue criminal charges only if they believe that they have a strong case. Accordingly, it is vital to consult an experienced criminal defense attorney about your situation and the defenses that may be applicable. Sometimes constitutional or procedural defenses are the strongest arguments available. In other cases, a substantive defense such as self-defense may be appropriate. In addition to serving as a Denver DUI attorney, Monte J. Robbins can help Colorado residents fight a wide range of felony and misdemeanor charges.

There are six different classes of felonies that divide these crimes based on their nature and the maximum potential sentence that may be imposed. There is a presumptive penalty range for each felony classification, as well as maximum and minimum incarceration sentences. The penalties can range from a year of imprisonment to life imprisonment. The court is allowed to deviate from a presumptive penalty range in a felony case when there are extraordinary mitigating or aggravating circumstances. Felonies that are commonly prosecuted in Colorado include aggravated assault, sexual assault, burglary, drug crimes, grand theft, and robbery.

In Colorado, there are three classes of misdemeanors. The most serious misdemeanors are Class One misdemeanors. If you are convicted of a Class One misdemeanor, you can face a maximum of 18 months in prison, a $5,000 fine, or both. If you are convicted of a Class Two misdemeanor, you can be incarcerated for a maximum of 12 months, fined $1,000, or both incarcerated and fined. If you are convicted of a Class Three misdemeanor, you may face a maximum of six months in prison, a $750 fine, or both. Sometimes incarceration and fines are not the only penalties. You may need to perform a certain amount of community service, and you may need to pay restitution.

Common traffic violations include speeding, reckless driving, traffic signal violations, improper lane changes, and hit and runs. Different traffic violations are assessed different amounts of points. Your license can be suspended if you accumulate 12 points over 12 months, or if you accumulate 18 points over 24 months. Collateral consequences of traffic violation convictions can involve increased insurance premiums, as well as effects on a current or future job. While traffic violations are less serious than DUI, it is important to explore any defenses that you may have so that you avoid a license suspension and other penalties that can make your life more challenging. Denver DUI lawyer Monte J. Robbins is also experienced in fighting these other types of motor vehicle charges.

Juvenile law in Colorado is articulated by the Colorado Children’s Code. If your child is at least 10 but under 18 and is facing criminal charges, the matter usually will be heard in juvenile court. The juvenile court hears only federal or state legal violations, juvenile court order violations, and violations of municipal or county ordinances. It will not hear traffic violations or tobacco violations. Generally, if your child is being charged with possession of alcohol or possession of marijuana, these cases will not be heard in juvenile court, but sometimes these cases are transferred from county court.

We represent drivers at DMV point suspension hearings when they are alleged to have accumulated too many points over 12 or 24 months. If you are at least age 21, and you receive 12 points in 12 months or 18 points in 24 months, the DMV will move to suspend your license. You will be entitled to a hearing to decide the length of the suspension. A suspension can last as long as a year. However, if you are 18-21, your license can be suspended if you have accumulated nine points over 12 months or 12 points over 24 months. DMV hearings can also be related to habitual traffic offenders, alcohol-related offenses, or convictions for criminal offenses.

Mr. Robbins firmly believes that maintaining a focused law practice is necessary to obtain the best available outcome for each of his clients. Often, his cases involve not only criminal penalties but also far-reaching collateral consequences, and he is mindful of these collateral consequences as well. He fights hard for each of his clients. Call us at 303-355-5148, 970-301-5541, or 970-329-1833, or contact us online to set up an appointment with a DUI lawyer in the Denver area or get assistance with a criminal, traffic, or juvenile case.