DUI Lawyer in Fountain

Every DUI Case is Different—Make Sure Yours is Handled the Right Way

Choosing the right DUI attorney in Fountain can make a significant difference in the outcome of your case. At Aviso Law, we bring more than 50 years of combined legal experience, with a commitment to delivering personalized legal solutions that prioritize your needs. Our team’s diverse background, including military service, equips us to approach each case with empathy and a comprehensive understanding of the unique challenges our clients face.

Our team is deeply knowledgeable about the intricacies of local DUI laws and procedures, which is crucial for crafting defenses that resonate with local expectations. We take pride in our realistic assessment of each case, where we provide honest feedback and options based on the evidence and legal circumstances. Our commitment to fair pricing ensures that you have access to high-quality legal assistance without the burden of unexpected costs.

Schedule a free legal consultation with a skilled DUI lawyer in Fountain by calling us at (719) 356-5552 or contacting us online today.

Understanding DUI and DWAI in Colorado

Colorado law distinguishes between two primary levels of impaired driving offenses: Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). While both carry significant penalties, understanding the difference is crucial.

• DUI (Driving Under the Influence): This offense occurs when a person drives or operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to a degree that renders them substantially incapable of safely operating the vehicle. In Colorado, a Blood Alcohol Content (BAC) of 0.08% or higher is considered per se DUI, meaning you are legally presumed to be under the influence, even if your driving does not outwardly appear impaired.
• DWAI (Driving While Ability Impaired): This involves driving or operating a motor vehicle when your ability to do so is impaired to the slightest degree by alcohol, drugs, or a combination of both. For alcohol, a BAC between 0.05% and 0.079% can lead to a DWAI charge. Even if your BAC is below 0.05%, you can still be charged with DWAI if there's evidence of impairment.

It is important to note that Colorado's laws apply to impairment from any substance, including prescription medications and marijuana, if they affect your ability to drive safely. Regardless of the specific charge, securing a skilled DUI defense attorney in Fountain is paramount.

Penalties for DUI and DWAI in Colorado

Colorado imposes serious and escalating penalties for DUI and DWAI convictions, with a "look-back" period that considers all prior offenses regardless of when they occurred. A first offense typically involves potential jail time, fines, community service, and license revocation or suspension by the DMV. Mandatory alcohol/drug education and therapy are required, often coupled with an ignition interlock device (IID) for varying periods, and increased insurance premiums are a certainty.

Subsequent offenses carry significantly harsher penalties, including mandatory minimum jail time, higher fines, and longer license revocations. A second or third offense will likely involve a mandatory IID for at least two years post-reinstatement and potential vehicle immobilization. A fourth or subsequent offense escalates to a felony charge, leading to state prison time, substantial fines, and continued IID requirements. Additionally, Colorado has a "zero tolerance" policy for underage drinking and driving (UDD), resulting in fines, license suspension, and mandatory alcohol education for drivers under 21 with even a low BAC.

The DUI Arrest and Legal Process in Fountain

A DUI arrest typically involves several stages, each presenting opportunities for a skilled Fountain DUI defense lawyer to challenge the prosecution's case.

1. Traffic Stop: Law enforcement must have "reasonable suspicion" to pull you over. This could be for a traffic infraction (e.g., speeding, weaving) or for a perceived sign of impaired driving.
2. Initial Observation and Questioning: The officer will observe your demeanor, speech, and any odors (e.g., alcohol). They may ask questions about your consumption of alcohol or drugs.
3. Field Sobriety Tests (FSTs): You may be asked to perform a series of roadside maneuvers (e.g., Walk-and-Turn, One-Leg Stand, Horizontal Gaze Nystagmus). These tests are designed to assess impairment, but they are subjective and can be affected by many factors. You have the right to refuse FSTs, but refusing them might be used as evidence against you in court.
4. Preliminary Breath Test (PBT): The officer may ask you to blow into a portable breath testing device. The PBT is generally voluntary, and its results are typically only used to establish probable cause for arrest, not as direct evidence of BAC in court.
5. Arrest: If the officer develops "probable cause" to believe you are impaired, you will be arrested for DUI or DWAI.
6. Express Consent Law and Chemical Test: You generally have the right to choose between a breath test or a blood test, unless the officer suspects drug impairment (in which case a blood test is usually requested), or if there's a serious accident (in which case a blood draw may be compelled with a warrant). Refusing a chemical test carries severe administrative penalties from the Department of Revenue (DMV), including automatic license revocation and a "Persistent Drunk Driver" (PDD) designation, regardless of the outcome of your criminal case. This refusal can also be used as evidence against you in court.

DMV Administrative Hearing:

Separate from the criminal court case, the Colorado Department of Revenue (DMV) initiates an administrative action against your driver's license. You have only 7 days from the date of arrest to request a hearing to challenge the license suspension. If you do not request a hearing, your license will be automatically suspended.

This hearing determines if the officer had probable cause for the arrest and whether you refused or failed the chemical test. A favorable outcome at the DMV hearing can save your driving privileges. A DUI defense attorney in Fountain understands the critical nature of this limited timeframe and can handle this hearing for you.

Criminal Court Proceedings:

• Arraignment: Your first court appearance, where you are formally charged and enter a plea.
• Discovery: Your Fountain DUI defense lawyer will obtain all evidence from the prosecution, including police reports, video footage, breathalyzer results, and witness statements.
• Pre-Trial Motions: Your attorney may file motions to suppress evidence (e.g., if the traffic stop was illegal, if FSTs were improperly administered, or if the chemical test results are unreliable).
• Plea Bargaining: Negotiations with the prosecutor to potentially reduce charges, lower penalties, or secure a more favorable outcome.
• Trial: If a plea agreement isn't reached, the case proceeds to trial.
• Sentencing: If convicted, the court imposes penalties.

Comprehensive DUI Defense Strategies

At Aviso Law, we employ a thorough approach to DUI defense, beginning with a detailed analysis of the circumstances surrounding your arrest. This includes:

• Analyzing Evidence: We carefully examine all evidence, including breathalyzer results, field sobriety tests, and police reports, to identify any inaccuracies or procedural errors.
• Assessing Arrest Procedures: Our team scrutinizes the conduct during your arrest, ensuring law enforcement followed proper protocols.
• Exploring Alternative Sentences: We explore options like diversion programs or reduced charges where possible, aiming for the best resolution for you.

Our strategic process also extends to meticulous preparation for possible court appearances. We prepare managing pre-trial motions that may challenge the admissibility of certain pieces of evidence or witness testimonies. Our active negotiations with prosecutors often focus on reducing penalties or dismissing charges before trial, reflecting our commitment to achieving optimal outcomes with the least disruption to your life. Our goal is to empower you with choices and to act decisively in securing the most favorable results.

Contact Our DUI Defense Lawyers in Fountain Today

Our local roots offer us valuable insights into these court dynamics, as we liaise with local agencies and work within the community. This local expertise benefits our clients by aligning our strategies with the expectations and tendencies of Fountain's judicial environment.

If you are facing a DUI charge, it’s crucial to act swiftly and seek expert legal advice. Contact Aviso Law for a free initial phone consultation. Our dedicated DUI defense attorneys in Fountain are ready to assist you in navigating the complexities of DUI charges with professionalism and care. You'll benefit from our local insights and commitment to achieving favorable outcomes for our clients.

Call (719) 356-5552 or reach out online to secure the representation you deserve. Schedule a free consultation now — ake the first step towards resolving your case with confidence.