Many people contact us after they are arrested for DUI here in Denver. They all have stories to tell, but it’s the answers to the most critical questions that determine where they stand. The answers can show potential defenses and how strong the prosecution’s case may be. There is also information that can indicate the possible sentence a driver may face.
Kevin Churchill is a Denver DUI defense lawyer with sharp courtroom and trial skills that can make a big difference in your case. His years of defending cases like yours can make a significant difference in the outcome. If you need help with a DUI case, call him today at (303) 832-9000.
What We Need to Know
Here are some of the most important questions whose answers can establish where you stand.
- Did you take the blood/breath test? You can refuse to be tested, but your license will likely be revoked for a year. If you are tested, and your result is over the legal limit, your license will be revoked for nine months for a first offense. The blood or breath taken at the police station is the test that matters, not the handheld breathalyzer you may have used when you were pulled over. This test result will probably be the basis of your charge. If it wasn’t done properly, the results could be challenged.
- What was your BAC? The test, if done correctly, can determine your BAC (blood alcohol content). If at the time you allegedly committed the offense, or within a reasonable time after, your BAC is higher than 0.05% but is less than 0.08%, there’s a presumption your ability to operate a vehicle was impaired by alcohol. If the BAC is 0.08% or more, it is legally assumed you drove under the influence of alcohol. If your BAC is 0.15% or higher, you may be classified as a persistent drunk driver subject to greater penalties. Someone younger than 21 found with a BAC from 0.02% to 0.05% could be charged with underage drinking and driving.
- Was there an accident? Colorado law states vehicular assault includes intoxicated driving that seriously injures another person. It’s a class 4 felony, with two to six years in prison and/or a $2,000 to $500,000 fine. Serious bodily injury includes a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a function of any part or organ of the body.
- Was there a child in the vehicle? Under Colorado law, drunk or impaired driving with a child younger than 16 in the vehicle is considered child abuse. If there’s no accident and the child isn’t injured, you could be charged with misdemeanor child abuse. If the child is injured or dies, it could be a felony child abuse charge.
- Any prior DUI convictions? One or more prior convictions for alcohol or substance-related driving offenses will increase criminal penalties if you’re convicted of DUI again. You will serve a jail sentence from ten consecutive days to a year. You’ll also face:
- A fine of $600 to $1,500
- Applicable costs and surcharges
- 48 to 120 hours of useful public service
You Can Trust Kevin Churchill to Defend You Against DUI Charges
When you are arrested for DUI, the most important decision you will make is to work with an experienced attorney. Kevin Churchill has defended hundreds of people caught up in our justice system. He has a strong trial record and often resolves cases through plea agreements that limit the arrest’s consequences. Every stone will be turned to put you in the best bargaining position possible.
If you’re facing a DUI charge, call Kevin Churchill today at (303) 832-9000 for a free consultation.