I got arrested for DUI. Do I need an attorney?
The answer to this question will vary from case-to-case. Many criminal defense attorneys have websites that answer this question as “yes.” Our decade-plus experience in prosecuting DUI cases prevents us from saying “you always need an attorney.”
The truth is that you should always talk with a lawyer, but the decision to hire a lawyer for your DUI case will depend on many factors. At The Datz Law Firm, the priority is our clients, not us. We offer in-person consultations for DUI cases. We are committed to open communication with our potential clients, and we will never “sell” you our services. We will never pressure someone or scare someone into hiring us.
There’s tons of lawyers in Colorado that do DUI defense. Why should I talk to you?
Not only are there many DUI defense lawyers in Colorado, but many of them also do an excellent job for their clients. You should consider the location of the lawyer’s office, whether or not they offer initial consultations, and most of all, whether you feel comfortable talking to them.
Our philosophy hinges on the personal relationship between a lawyer and client. We believe in open and honest communication. We believe in collaboration with our clients. At The Datz Law Firm, you will deal directly with us, not a junior associate or a paralegal.
We are regular guys – we will sit down and talk to you in plain language. We live and work in this community and we want to be there to help you.
What’s going to happen to me if I get convicted?
Colorado has set up its laws in a way that DUI sentences are largely determined by whether or not a person has prior convictions. Typically speaking, the more prior alcohol-related driving offenses a person has, the more severe the potential punishment. In Colorado, DUI punishment can take the form of probation, in-home detention, a work-release program, or even jail. There will also be mandatory fines, public service hours, and monitored sobriety.
No lawyer can promise a result in your case. In Colorado, the judge is the one who gets to decide what happens when someone is convicted of DUI.
Will I lose my drivers’ license?
Every person arrested for DUI runs the risk of losing their license for a period of time. This is one area where an experienced lawyer can potentially help you take the necessary steps to either avoid suspension, or reduce your suspension.
Do you have experience handling DUI cases? Together, we have handled several thousand DUI cases as prosecutors. Of course, we are actively representing clients as defense counsel. It may sound self-serving, but we believe that former public defenders and former prosecutors typically are most qualified to handle DUI cases because of the high volume that comes with government practice.
I didn’t get arrested in Broomfield. Do you handle cases in other Colorado counties?
Yes. We are very familiar with all counties in the Metro Denver Area, and up and down the Front Range. We also don’t believe in charging our clients the same amount for our travel time as we do for our case preparation and court time. We earn our money because we are legal experts, not because we are expert motorists.
If I do want to hire a lawyer, do I need to do it right away?
As long as you are not feeling pressured into hiring a lawyer by someone, it typically helps your case to hire a lawyer sooner rather than later. An experienced DUI lawyer can immediately help you attempt to defend your drivers’ license with the DMV. The DMV gives you only a small window to fight a suspension.
More importantly, an experienced DUI lawyer – one who has actually presented many cases in front of a jury, knows what type of evidence needs to be preserved immediately. You may have witnesses who can help your case. These people need to be interviewed because memories rarely get better with time. There also might be some physical evidence, such as credit card receipts, photographs, videos, or medical records that need to be preserved immediately.
What does BAC mean?
BAC stands for Blood Alcohol Concentration. This measures a person’s intoxication level using a percentage. In Colorado, the law presumes that a level above 0.08% is considered under the influence. If a person has a BAC above 0.20%, in Colorado a DUI conviction can carry heavier penalties.
What’s the difference between DUI and DWAI?
DUI stands for Driving Under the Influence. DWAI stands for Driving While Ability Impaired. These charges have different legal standards that a DA must prove in court to convict you. In Colorado, you can be charged with either DUI or DWAI if the police think you were driving after using drugs as well. DWAI is considered a lesser offense than DUI, but it still can carry very strict penalities depending on your particular case. If you have prior driving under the influence convictions, the penalties can often be identical for a DUI and a DWAI.
I think I’m being charged with Driving Under the Influence of Drugs, can they do that?
Yes. In Colorado, this DUI can be charged when they suspect you used some sort of drug before driving, even if you had a valid prescription. Typically, police and prosecutors use a blood test to attempt to prove you were driving under the influence of drugs, or DUID.
If I’m pulled over for DUI, should I do a breath, blood or urine test? Should I do roadside tests? What should I do!?! At The Datz Law Firm, we get a big laugh at reading other lawyers’ websites that try to answer this question. Our guess is that if you’re on a DUI lawyer’s website, you have already been arrested. We’re not going to post something on our website that talks about how you messed up, or how you should have done things differently. We’re certainly not going to post something on our website that will give you the false idea that you can expect to commit a crime and get away with it.
Our best advice is – Don’t Drink and Drive!
Now, we’re not living in fantasy land, and we know humans are not perfect. Good people get arrested for DUI. It happens every day. Our goal is to help you in every possible way. You are presumed innocent until the prosecutor proves you are guilty. We will zealously defend your case, but in a way that makes sense for you.
Decisions were made – now it’s time to get your life moving back in the right direction.
I really didn’t have much to drink at all when they pulled me over, can they still arrest me if my BAC is below the legal limit?
Yes. In Colorado, police can arrest someone if they believe they are intoxicated even to the slightest degree. This is a situation where an experienced lawyer might be able to really help your situation.
Can I still get arrested for DUI even though I wasn’t actually driving?
Yes. In Colorado, you can be arrested for DUI if police believe you were under the influence, even to the slightest degree, and you were also in actual physical control of a car. This can be a somewhat complicated situation, and an experienced lawyer can help you figure out whether or not you have a good defense.