Fort Collins DUI Defense Attorney
Request Free ConsultationIf you’re facing a DUI in Fort Collins, you may run the risk of having a felony or misdemeanor put on your record. Under Colorado law, you may also lose your license and your rights (such as your gun rights) if you get a DUI conviction. When you’re facing these serious crimes, it’s important to prepare a solid defense strategy from the start. A seasoned Fort Collins DUI defense attorney can be an invaluable resource as you fight against the attack the government is launching against you.
Martin & Reed, LLC, has been defending citizens’ rights since 2013. Our attorneys are fierce advocates for those who are accused of crimes like driving under the influence or driving while ability-impaired. With over three decades of combined legal experience, we understand what your concerns are and how to help. Our DUI/DWAI defense attorneys are standing by to take your call and help get you on the right track.
Is a DUI and a DWAI the Same Thing?
No, a DUI and a DWAI aren’t the same thing. Under Colorado law, a DUI (or driving under the influence) charge is when you operate a vehicle with a blood alcohol concentration level of 0.08 percent or more. Depending on the circumstances, a DUI conviction may be a felony or a misdemeanor. You can also get a DUI if you have alcohol and drugs in your system, and the combination of these substantially impairs your ability to drive.
In contrast, a DWAI (driving while ability impaired) is when you have a blood alcohol concentration level of between 0.05 and less than 0.08 percent. Like with a DUI charge, a DWAI offense is typically a misdemeanor, but the government may upgrade this to a felony under certain circumstances. Likewise, you can get a DWAI if you have a combination of drugs and alcohol in your system that impairs your ability to drive.
Do Alcohol DUIs and Drug DUIs Carry the Same Penalties?
DUIs for having excessive amounts of alcohol in your system are comparable to getting a DUI for having drugs in your system. Likewise, you can get a drug DUI even if the drug is legal or prescribed to you. For example, if you take prescription painkillers because of a recent surgery and you get pulled over, you could get a DUI or DWAI charge even though the drugs you’re taking are legal.
Additionally, the combination of drugs and alcohol system can inhibit you from concentrating, appropriately responding to hazards, and doing other mental and physical tasks associated with driving. So, you could get a DUI or DWAI in Fort Collins even though you don’t have over the legal limit of alcohol or drugs (like THC) in your system. If you took an illegal substance—like cocaine or heroin—before getting behind the wheel, you also run the risk of picking up additional drug charges.
What Are the Penalties for Drinking and Driving in Fort Collins, CO?
Under Colorado law, the penalties for drinking and driving in Fort Collins depend on the charge, the circumstances of the arrest, your criminal history, and other factors. For instance, a first-time DUI charge that didn’t involve physical damage or personal injuries may have a lesser sentence than for a second or third DUI. That said, if you have three or more relevant prior convictions—e.g., for vehicular assault or homicide—your DUI may be upgraded to a felony and carry a steeper punishment.
If convicted of a DUI or DWAI, you may have to serve a jail sentence, pay fines, and participate in court-ordered community service. Additionally, you may lose your license for a few months to a year. For example, under Colorado law, a first-time DUI conviction may result in you serving a prison sentence of between five days and one year unless an exception applies that increases or decreases this sentence. That said, having a felony DUI conviction on your record may cause you to experience additional penalties, like losing your gun rights or ability to vote.
How Can I Get a DUI Dismissed or Reduced in Colorado?
There’s no way to guarantee that you can get your DUI charges reduced or dismissed. However, there are things you can do to help move your case in a favorable direction.
For example, you can challenge the evidence the government is using to prove your guilt. You can also point to flaws in the procedure the officer used to measure your BAC and arrest you. Lastly, you can work with a Fort Collins DWAI attorney who can use their special training and resources to investigate your case and find creative ways to argue for a lesser sentence or charge. The attorney can also review offers from the prosecution and try to negotiate a fair plea bargain.
Will I Lose My License if I’m Arrested for a DUI or DWAI?
If you receive a DUI or DWAI conviction, the government may take away your license. Under Colorado law, an adult who gets a DUI may have their license taken away for nine months for a first violation. If they get a second DUI, they risk losing their license for one year. A third DUI charge may mean the person loses their license for two years.
If someone is under 21 and gets an underage DUI, they may lose their license for three months for the first DUI, six months for the second, and one year if they get three or more DUIs. Different rules apply to those who have a CDL and get a DUI.
Additionally, as explained by the Colorado Department of Motor Vehicles, refusing an officer-administered or approved Intoxilyzer or blood test may cause you to lose your license if the officer had reasonable suspicion that you were driving under the influence of drugs or alcohol. Reasonable suspicion might include evidence of swerving in and out of the lane, braking and speeding up at inappropriate times, and dangerous erratic response times. As the Colorado DMV indicates, the Intoxilyzer and blood tests are different than a simple breath test the officer may perform on the side of the road or one administered by a detox facility.
Can I Lose My License for a DUI if It’s My First One?
Yes, you can still lose your license for a first-time DUI or DWAI offense. Depending on your situation, you may lose your license for nine months. If you are a minor, however, a first-time underage DUI may result in a three-month revocation of your license. Other situations may call for additional or different penalties, even if it’s someone’s very first DUI conviction.
If you’re facing your first DUI, it’s essential to try to limit the impact on the rest of your life. One way to protect yourself is by working with a knowledgeable and swift attorney. Justin Scott Reed has over 18 years of experience fighting for those who face DUIs, DWAIs, and other serious charges. He understands how important it is to craft strategies to help keep these offenses off his clients’ records.
Do I Need a DUI Attorney To Handle My Case?
Having a seasoned advocate at your side is beneficial, even if it’s your first time getting a DUI. A DUI defense attorney can file the appropriate legal paperwork—like motions and objections—to protect your rights. While you don’t have to hire a lawyer, it can be useful to have one so you know what to expect along the way. Plus, the attorney has access to tools and knowledge that you may not have.
The award-winning team at Martin & Reed, LLC, has gone to bat for dozens of people who faced serious driving crimes—like a misdemeanor or felony DUI, vehicular assault, or reckless driving charge. When you have us at your side, you can expect a team that’s ready to aggressively pursue justice on your behalf. If you hire us, we can look for loopholes and evidence that other attorneys may miss.
Before founding our law firm, Bradley Martin served as a public defender, helping thousands of clients overcome charges ranging from first-degree murder to driving while intoxicated and everything in between. He fosters a foundation of trust, respect, and honesty when dealing with clients, recognizing that he is a visitor on their journey.
A Fort Collins DUI Defense Attorney at Martin & Reed, LLC, Can Help
Getting a DUI can cause you to feel frustrated, overwhelmed, and worried about what this means for your personal and professional life going forward. Having a dedicated attorney can help ease your mind by knowing a trusted professional with the necessary training is taking care of the legal matters for you.
At Martin & Reed, LLC, we take a decisive and calculated approach when helping our clients overcome DUI charges in Larimer County. Our attorneys have earned positions on the National Trial Lawyers’ Top 40 Under 40 list, an honor reserved for the nation’s top 1 percent of attorneys. Reach out to our firm today by calling 970-539-9377 to schedule a no-obligation consultation with a Fort Collins DUI defense attorney on our roster.