Colorado’s Top DUI Attorney in Denver
When faced with a DUI charge, you need the help of a Denver DUI attorney who understands the complexities of these cases. DUI cases can be very emotional and there’s a lot at stake. Your license, your freedom, and your livelihood are all at risk, and the outcome can be determined in just a few days–even a few hours–so it’s important to recruit an ally with the knowledge and experience to guide you past some of the common pitfalls. Denver DUI attorney M. Colin Bresee served five years in the DA’s office–starting in Denver, CO–and has since spent over 20 years defending people from life-changing convictions for DUIs and DWAIs. He understands both how prosecutors will stack the odds against you, and how to turn those odds back in your favor.
The consequences of a DUI or DWAI conviction will haunt you for life. You will be required to disclose this conviction to your current and any prospective employers. You want a DUI lawyer in Denver who can help you avoid conviction, and you want him before mistakes (yours or law enforcement’s) narrow your chances of a successful defense. Please call for a free consultation with a DUI lawyer at the Law Offices of M. Colin Bresee.
How an Experienced DUI Lawyer Can Help
A charge of DUI (driving under the influence) or DWAI (driving while ability impaired) alleges that your consumption of drugs and/or alcohol interfered with your safe driving of a motor vehicle, putting yourself and others at risk.
Because of the potential consequences of drunk driving, Colorado law contains tough sentencing guidelines, including mandatory minimum sentences that can land you in jail. Even if you avoid jail time, a DUI or DWAI conviction will follow you for life, as you must disclose the verdict against you to current or future employers. It can also impact insurance rates, child custody, and can be used as evidence against you in future cases, including domestic violence or additional DUI charges.
Your defense against DUI charges should begin the moment you first have contact with police. Successful criminal defense in these cases has become increasingly difficult as the procedures and science of DUI and DWAI cases have grown in sophistication and subtlety. Gone are the days when field sobriety tests were the measure of impairment. Now prosecutors rely on more scientific evidence, like breath test and blood test results to demonstrate blood alcohol content (BAC).
However, these tests are not flawless. An inexperienced person might be convicted of DUI because of a flawed test, but the help of an experienced DUI attorney can reduce your risk of jail time or even lead to the dismissal of charges.
No matter the evidence, prosecutors must still prove their case beyond a reasonable doubt, and there are many opportunities for doubt in every case.
Scientific tests are only as good as the police officer or technician who uses them. An experienced DUI lawyer knows how to look for procedural mistakes. Sometimes the science is itself inaccurate or imprecise, and an experienced attorney knows how to identify when a test isn’t showing the full truth.
DMV & DUI Defense Legal Services
If you’re facing a DUI or DWAI charge, Mr. Bresee is the experienced Colorado DWAI attorney you need. We will work with you to not only help you understand the charges and possible penalties but also determine the best possible strategy based on the specific details of your case and your circumstances.
We also know that it’s almost as critical to fight your DUI or DWAI charge at the DMV as in the courts. People are often asked to surrender their driver’s license at the mere suspicion of a DUI. You may be issued a temporary permit, but will have to work quickly to maintain your driving privileges. You will lose your license in 7 days without action on your part.
At the Law Offices of Colin M. Bresee, we understand what it takes to defend your driver’s license as well as helping you avoid conviction on a DUI or DWAI charge.
Our legal services extend to the following areas:
- Arapahoe County including Aurora, Centennial, Englewood, Greenwood Village, and Littleton
- Adams County including Thornton and Westminster
- Denver County
- Douglas County including Castle Rock, Highlands Ranch, and Parker
- El Paso County including Colorado Springs and Security-Widefield
- Gilpin County including Central City
- Jefferson County including Arvada and Lakewood
- Weld County including Greeley and Longmont
Contact a DWAI/DUI Attorney Before It’s Too Late
Mr. Bresee has decades of experience and has handled over 1000 DUI and criminal traffic cases as both a prosecutor and a criminal defense attorney. This experience is essential as it allows Mr. Bresee to anticipate in advance all of the evidentiary, tactical, and procedural advantages that the State will try to use against you.
In most cases you only have 7 days from the date of the arrest to file your response with the Colorado DMV or your revocation may last a year or more. Time matters. For this reason, our office accepts calls 24 hours a day to speak with Mr. Bresee. We are ready to begin helping you and aggressively attacking your case. No two Colorado DUI cases are the same, and our office will treat you and your case with the personalized attention you deserve.
Get a Free Consultation
Mr. Bresee is well known as one of the top Colorado DUI attorneys. Contact our offices 24 hours a day at 303-377-0100. We offer a free consultation. If you decide to hire us, we offer payment plans so you can have your case handled by the Colorado DUI attorney you deserve and not a “factory” DUI law firm. Mr. Bresee meets with you and will be your trial lawyer – no junior associates, no bait-and-switch. It is your money and your future at stake. Consider your options wisely.
Colorado DWAI/DUI Charge FAQs
It’s important to understand that a DWAI or DUI charge comes with serious, often immediate consequences under current law. You will have only a limited amount of time to respond to the charges to protect your rights. Below are frequently asked questions (FAQs) regarding what happens after a DWAI or DUI charge in Colorado.
What will happen to my license?
You will lose your license in 7 days if you don’t request a DMV hearing.
How long will I lose my license?
You can lose your license for up to one year, even on a first offense, with no restricted/provisional license.
Will I go to jail?
Yes, under the new laws, there are now mandatory jail sentences for DUIs, and as of July 2010, there are even more rules to make you go to jail.
The court can also incarcerate you for 90 days to sober you up.
How much will I have to pay?
You will have to pay a reinstatement fee of $95 to get your license back.
If you are found guilty or plead guilty to a DUI, you will be assessed approximately $1500 in state surcharges – these are NOT optional. This does NOT include any fines that the court may impose.
If convicted or you take a plea, the State will order you to attend alcohol classes at YOUR expense through THEIR providers.
Under current laws, interlock devices are required for most people convicted of a DUI. These aren’t cheap – YOU have to pay the expense for installation in addition to a monthly fee that can add up to $1000 annually. This is in addition to higher car insurance rates related to your DUI.
How long will I have to use an interlock device?
It is common for people to spend two years or more with an interlock device installed on their car(s).
What are other less commonly known consequences?
You could be court-ordered not to consume alcohol.
You may be required to wear a SCRAM unit (an alcohol-detecting ankle bracelet).
College students are all subject to a code of ethics at their school. Students can be expelled, even on a first offense, for simply being CHARGED with a DUI or DWAI.
Statutes Associated with DUI, DWAI, and DUID Charges
Although it can be hard to understand, it’s important to look at the specific language of some of the Colorado statutes related to the various impaired driving charges.
42-4-1301. Driving under the influence – driving while impaired – driving with excessive alcoholic content – definitions – penalties – repeal.
(1) (a) It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle.
(b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive a motor vehicle or vehicle.
(c) It is a misdemeanor for any person who is an habitual user of any controlled substance defined in section 12-22-303 (7), C.R.S., to drive a motor vehicle, vehicle, or low-power scooter in this state.
(d) For the purposes of this subsection (1), one or more drugs shall mean all substances defined as a drug in section 12-22-303 (13), C.R.S., and all controlled substances defined in section 12-22-303 (7), C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of any other toxic vapor or vapors.
(e) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense against any charge of violating this subsection (1).
(f) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
(g) “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
(h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as “drove a vehicle under the influence of alcohol or drugs or both”.
(i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI, it shall be sufficient to describe the offense charged as “drove a vehicle while impaired by alcohol or drugs or both”.
(j) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3 , C.R.S., shall not constitute a defense against any charge of violating this subsection (1).
(k) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
(l) “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
(m) Pursuant to section 16-2-106 , C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as “drove a vehicle under the influence of alcohol or drugs or both”.
(n) Pursuant to section 16-2-106 , C.R.S., in charging the offense of DWAI, it shall be sufficient to describe the offense charged as “drove a vehicle while impaired by alcohol or drugs or both”.
42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample – testing.
(1) Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person’s consent to the provisions of this section.
(2) (a) (I) A person who drives a motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person’s breath or blood for the purpose of determining the alcoholic content of the person’s blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, habitual user, or UDD. Except as otherwise provided in this section, if a person who is twenty-one years of age or older requests that the test be a blood test, then the test shall be of his or her blood; but, if the person requests that a specimen of his or her blood not be drawn, then a specimen of the person’s breath shall be obtained and tested. A person who is under twenty-one years of age shall be entitled to request a blood test unless the alleged violation is UDD, in which case a specimen of the person’s breath shall be obtained and tested, except as provided in subparagraph (II) of this paragraph (a).
42-4-1302. Stopping of suspect.
A law enforcement officer may stop any person who the officer reasonably suspects is committing or has committed a violation of section 42-4-1301 (1) or (2) and may require the person to give such person’s name, address, and an explanation of his or her actions. The stopping shall not constitute an arrest.
