You Have Important Rights – Don’t Delay
If you face DUI charges in Colorado you should have an aggressive lawyer to fight for you. You may be shocked that Colorado DUI laws carry severe penalties that could send you to jail, lead to revocation of your license, and leave you in a big mess. Additionally, the ramifications of a DUI conviction can last a lifetime.Call Now
If you are looking for a DUI defense attorney in Colorado, contact Michael R. Ferrell immediately. As a former prosecutor, he has spent his legal career in court handling numerous DUI cases. His experience gives him great insight into the best DUI defenses. Now, as a defense lawyer, you can use his courtroom skills and experience to help you when you need it the most.
Evidence Needed for DUI Conviction
The U.S. Constitution declares that you enjoy the presumption of innocence when charged with a crime. The presumption remains with you unless and until the prosecutor proves you guilty beyond a reasonable doubt. The prosecutor always has the burden of proving you guilty; you never have to prove your innocence. Against that constitutional backdrop, we can explain what evidence the prosecution could use to convict you of DUI.
Colorado’s DUI law codified three related theories the prosecution can use to convict you. These interrelated theories are: driving under the influence (DUI), DUI per se, and driving while ability impaired (DWAI). We will examine each of these separately.
Colorado law defines DUI as operating a vehicle after consuming alcohol, drugs, or both. The consumption of these substances affects the driver to such a degree that they compromise the driver’s mental or physical ability to exercise clear judgment, maintain sufficient physical control, or use due care. If the prosecutor can show that your degree of intoxication substantially impaired your ability to drive safely, they can prove DUI.
DUI Per Se
DUI per se means that you took a chemical test that yielded a blood alcohol concentration of 0.08% or higher. To establish DUI per se, the prosecutor must prove that you took the test, the test was conducted properly, and the result is accurate.
Colorado has an express consent law. The law says everyone who drives a vehicle in Colorado consents to take a chemical test if the police have probable cause to believe that you are under the influence. The police must administer the test within two hours of your arrest.
If you take a chemical test, the results can make it easier to convict you of DUI. However, refusing the chemical test also has serious consequences.
DWAI is a lesser-included offense of DUI. A jury will find DWAI where a person who appears slightly affected by alcohol, drugs, or both is less able to drive safely than they would be if they had not consumed any substance before driving.
DUI Defenses in Colorado
Each DUI case is different. Accordingly, we must analyze the facts thoroughly to determine the best strategy for your case. After trying numerous DUI cases, we have learned that there are defenses that commonly appear in DUI cases. Examples include:
- You were not impaired;
- The police stopped you unlawfully;
- You were not driving or did not have actual physical control of the vehicle;
- Your arrest is the product of coercion, duress, entrapment, or involuntary intoxication; and
- The chemical test results are inaccurate.
We will use all the defenses at our disposal to help you. We will work to get your case dismissed or your charges reduced to a careless or reckless driving charge (also known as a wet reckless), so you don’t have a DUI on your record.
Aggressive and Compassionate Colorado DUI Defense Attorney
Call our office today to schedule an appointment. Do not wait to see what happens next. You have important rights, including the right to appeal your license loss, but you have only a short time to take action. Michael Ferrell has been involved in hundreds of criminal matters, and his experience as a prosecutor gives him a strategic advantage in defending criminal charges. With our skills and aggressive defense style, the Ferrell Law Firm could give you the edge you need to beat your DUI charge in Boulder.