Colorado Springs DUI Lawyer
Navigating the Legal Process of a DUI
Unlike the case with many other crimes, most people who are arrested for DUI do not have any prior history of criminal activity. People who are charged with DUI include college students, businesspeople, housewives and commercial drivers. Perhaps they are driving home from a party, maybe they had one too many drinks with dinner, or maybe they have a drinking problem. They do not, however, set out to commit a crime, as is the case with theft,
murder or similar offenses. If you have been arrested for drinking and driving, you can come to Clawson & Clawson, LLP for help with navigating the complex
criminal process ahead of you.
Challenging DUI Evidence
One of the first questions we ask about a drunk driving case is, "Did the police officer have probable cause to investigate?" You have a constitutional right against unreasonable search and seizure, meaning that you cannot be pulled over and investigated for a crime such as DUI unless the officer has a warrant or can demonstrate that there is probable cause to suspect that you have broken the law. If the answer to the question is "No," we may be able to have the charges dismissed based on the fact that the evidence was gathered in violation of your rights.
This is not the only strategy for fighting the charges. The police officer may have made mistakes in explaining or administering the roadside field sobriety tests. Perhaps there was radio frequency interference with the breathalyzer test, or maybe residual alcohol in your mouth caused a false positive. Even the blood test could be invalidated by arguing that the sample was contaminated or mistakenly switched with another person's blood. There are many ways to challenge the evidence, but you must take action now to maximize your chances of success.
The sentence you could receive if convicted of driving under the influence can include a nine-month driver's license suspension, a $500 fine, 48 hours of public service and up to 180 days in jail. In order to get your license back, you may be required to install an ignition interlock device in your vehicle, a machine which requires you to provide a clean breath sample before starting the car and at random intervals while driving. The DMV will report the fact of your conviction to your insurance company, which will most likely move to raise your premiums. All told, the costs for an average first time DUI have been estimated to range as high as $10,000. You can expect even greater penalties for a repeat offense, and if you are accused of committing vehicular manslaughter, the sentence can range as high as six years in prison and $500,000 in fines. Don't let this happen to you. Contact our criminal defense firm now for a free consultation and to get started on your case!
View the firm's profile at FindaDUIAttorney.com.