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Most people charged with a DUI are regular people who don't have a criminal history.  They may have been to a party, a bar or a sporting event where they just had too much to drink.  Most people are unaware of how little alcohol it takes for someone to be considered driving under the influence of alcohol.  In Colorado, the minimum limit to be considered intoxicated is .08.  There are no hard or fast rules on how much alcohol someone would have to consume in order to reach this limit.

DUI law is complicated and complex.  You need attorneys on your side who will understand and know the law on how to best represent you in your time of need.  A DUI can begin as harmlessly as an officer stopping you for speeding, weaving or running through a stoplight.  If the officer smells alcohol on your breath or notices watery eyes or slurred speech, he can ask you to perform a roadside sobriety test.  If you fail the roadside sobriety test, the officer is obligated to inform you that you have the right to have your blood tested or blow into a breathalyzer and have your breath tested.  There are certain criteria that the officers must follow for both the blood and breath tests in order for these tests to be valid and to be admissible in court.

The third option is to refuse to take either test, however this can carry some dire consequences.  A major consequence is having your license suspended if this is your first offense for at least a year.  This revocation would be consecutive to any other action that may be taken because of a conviction that may have occurred for the DUI in this case.

For any person who gets a DUI there are two governmental agencies that you need to worry about.  The first is the Department of Revenue regarding your driver's license and the second is the County Court in which you were charged criminally.  If an officer gives you a breath test or a blood test and it is determined that your BAC is .08  or more, then the officer will revoke your license.  If it is a blood test, once the results come back and your BAC is deemed to be above a .08, your license may be revoked via a letter from the DMV.  If your breath test is above a .08, you will receive a temporary license for 7 days in which you have the right to request a hearing at the DMV. 

In County Court, the possible penalties for a DUI is 365 days in jail, a $600.00 to $1,000.00 fine and 48 to 96 hours of useful public service.  This amount escalates if you have more than one DUI and if your BAC is higher than a .20.

If this is your first DUI, in most cases you will not receive jail time unless your BAC is above a  .20 and then there is a mandatory 10 days jail time.  A typical plea bargain depending on your blood alcohol content is to reduce the charge from a DUI to a DWAI.  You would then have an alcohol evaluation and would have to have alcohol treatment and possibly therapy and some amount of useful public service.  You would also be charged with court costs and victim impact fees that are scheduled by the court.

If you receive a letter from the DMV, you will have 7 days from the receipt of the letter to request a new hearing.  Failure to request a hearing at the DMV within the 7 days will cause your license to be revoked for 9 months.  Adults are entitled to an ignition interlock license after one month that is to remain in effect for 8 months or until four consecutive months of clean blows.  An interlock system is a device that is placed in your car in which you have to blow into the device in order for your engine to start.  If you have any alcohol on your breath, the engine will not start and the device will keep track that you had a non-clean blow.

A DUI needs to be taken seriously.  There are dire consequences and ramifications.  Therefore, you need attorneys who will be on your side who know the system, who know the DA's, who know the judges and who will be able to step in and take care of your case in an aggressive and competent manner.  The police officers have rules and regulations that they must follow, violations of which may necessitate a dismissal of your case.

The attorneys at Clawson & Clawson, LLP, have a great deal of experience in this area of law.  Don't risk your future in trying to handle these types of cases by yourself.  There is just too much at stake.