Greeley DUI/DWAI Defense Attorney
Request Free ConsultationCharges of driving under the influence (DUI) or Driving while ability-impaired (DWAI) are very serious and a conviction for either comes with both immediate penalties and long-term negative outcomes. At the Greeley law firm of Martin & Reed, LLC, we understand the importance of a rigorous defense against these highly consequential charges in Colorado. Your driver’s license, savings, and freedom are all on the line if you’re facing either of these charges. It’s important to understand that the criminal justice system is already working toward your conviction. When your rights and your future are at stake, it’s time to take immediate action to protect yourself with the best possible defense. Contact us today to speak with a Greeley DUI attorney.
Greeley DUI Resources
- Why Choose Martin & Reed
- Understanding DUI vs. DWAI in Colorado
- What is Probable Cause in Colorado
- Defending Against DUI & DWAI Charges
- What a Greeley Criminal Defense Lawyer Can Do
- Contact a Greeley DUI/DWAI Attorney
Why Choose Martin & Reed
If you’ve been charged with a DUI or DWAI in Colorado, you may be feeling overwhelmed. You need a knowledgeable legal advocate on your side who will fight to get the charges reduced or dismissed.
At the law firm of Martin & Reed, LLC, our Greeley criminal defense attorneys are ready to put our strong local reputation, track record of success, and years of experience to work on your behalf. Reach out to our Greeley DUI/DWAI attorneys today to discuss the unique circumstances of your case so we can strategize the most robust defense against your charges.
- Northern Colorado Natives
- 30+ Years of Combined Experience in DUI Defense in Colorado
- Tried over 100 DUI/DWI Cases
- Our attorneys have defended clients on all levels of the criminal justice system
- Emphasis on availability, transparency, and trust for our clients
Justin Scott Reed
Justin Scott Reed has been practicing law in Northern Colorado since 2007. He has spent countless hours in the court room negotiating cases, litigating complex motions issues and going to trial. He has tried cases from all levels of traffic offenses to first-degree murder to complex property crimes. His clients have been found not guilty of charges at all levels in the criminal defense system. While a capable litigator, he also tries to focus on the individual needs of his clients, to negotiate vigorously on their behalf and work hard to achieve the best possible outcome.
Bradley Martin
Bradley Martin is a Northern Colorado lawyer specializing in criminal defense. Bradley is dedicated to serving his clients with excellence and achieving the best possible outcome for each individual case. Bradley has a proven record of success, whether that means trial or negotiation for his clients. He has extensive courtroom and trial experience. As a former public defender, Bradley has handled thousands of cases. He has defended everything from DUI to first-degree murder. His clients have been found not guilty of charges ranging from the lowest misdemeanors to the highest-level felonies. Bradley’s jury trial experience even includes a jury trial that was nationally televised live on Court TV. Bradley also focuses on pretrial litigation. His litigation experience includes a record of successfully suppressing evidence before trial that was illegally obtained by police.
You can contact us by calling (970) 539-9377 or completing our contact form to schedule your free consultation.
Understanding DUI vs. DWAI in Colorado
An arrest for DUI means the police are charging you for operating a vehicle with alcohol in your system. If law enforcement found just cause to pull you over and a roadside breathalyzer showed that you’d consumed alcohol, the police can compel you to take a blood alcohol level (BAC) test. DUI charges require a test showing that your BAC was 0.08% or above at the time of your arrest. On the other hand, a DWAI charge means you were driving while impaired even in the slightest degree. You can be charged with a DWAI in Colorado with a BAC of less than 0.08% but with a blood or breathalyzer test reading between 0.05% and 0.07%. Many Colorado residents believe mistakenly that they won’t be arrested if their blood alcohol level is under 0.08%, but the state’s DWAI law makes that belief inaccurate. Though penalties are less for a DWAI compared to a full DUI conviction, it’s still a stain on your record if you’re convicted. Plus, a DWAI becomes a class-4 felony if you have a history of 3 or more prior convictions for DUI or DWAI. After a conviction of a class-4 felony, you can no longer own a firearm or vote in elections.
Refusing a BAC test at the scene isn’t a defense for either DWAI or DUI. In fact, this tactic results in the loss of your driver’s license.
What is Probable Cause in Colorado?
In Colorado, a law enforcement officer must have probable cause to pull over a suspected drunk driver. Key indicators law enforcement officers watch for on the road include:
- Drifting into other lanes and swerving back into the proper lane
- Failing to stop at intersections
- Accelerating and decelerating inconsistently
- Erratic braking
- Driving without headlights at night
- Driving the wrong way on a one-way street
Once pulled over, police look for specific behaviors and other indicators of intoxication including:
- The smell of alcohol on the driver’s breath or inside the vehicle
- Slurred speech
- Jerky, uncoordinated movements
- Glassy, bloodshot eyes
- Lack of balance
- Admission of having “one drink” or “a couple of drinks”
- Leaning on the vehicle
- Flushed face
- Slow response or inability to follow directions
Officers may also look inside the vehicle for open or empty alcohol containers. Though they require consent to search a vehicle, they don’t need permission to look through car windows or peer into a vehicle through the open door. Once they’ve arrested the driver, they no longer require consent to search inside the vehicle.
Defending Against DUI and DWAI Charges in Colorado
You don’t have to be a passive participant in the legal process once you’ve been charged with a DUI or DWAI. Everyone deserves an aggressive defense. Some examples of successful defense strategies for these charges include:
- A dismissal of the charges if law enforcement violated your rights at any point in the arrest process including showing that the police lacked reasonable suspicion when they pulled you over
- Showing that law enforcement didn’t give accurate instructions for the breathalyzer or blood test
- For DWAI charges it’s possible to prove that your driving issue had other causes
- Prove that the officer failed to observe you for 20 minutes before performing the breathalyzer which means that residual mouth alcohol from your last drink could cause a false positive
- Show that GERD could have caused a false positive
- Present evidence of partition ratio variations that can change the outcome of the test
- Using a “rising blood alcohol” defense to show that you were driving home during the window of time before your drinks were absorbed into your blood while you were fully capable of driving but the testing took place later when the alcohol was at its peak in your system
- Showing that your driving was not impaired if your arrest was based on actual impairment and you tested below the 0.08% limit.
These and other defense strategies based on the circumstances of your case can be the key to a successful legal defense. Remember, a charge is not a conviction. Learn more about your defense options by consulting with a Greeley DUI defense attorney.
You can contact us by calling (970) 539-9377 or completing our contact form to schedule your free consultation.
What Your Greeley DUI/DWAI Defense Attorney Can Do For You
An aggressive defense by Martin & Reed, LLC, will use years of combined experience and a strong local reputation to do the following:
- Have the charges reduced or dropped
- Help you keep your driver’s license
- Help you to stay out of jail
Your DUI/DWAI lawyer will investigate every aspect of your case, including conducting an independent analysis of your blood sample, visiting the scene of your arrest, investigating the background of the arresting officers, and examining the maintenance records of the breathalyzer used in your case. Finally, we will also use testimony from expert witnesses to analyze the data collected. By identifying errors in the arrest procedure and/or the blood testing method, it’s sometimes possible to get DUI and DWAI charges dropped and your case thrown out. In this best-case scenario, you retain your driver’s license, avoid jail and fines, and go forward with a clean record.
Contact a Greeley Criminal Defense Lawyer
At Martin & Reed, LLC, our Greeley and Fort Collins DUI lawyers have put our nearly 20 years of experience in navigating every aspect of DUI and DWAI charges in Colorado and our extensive criminal trial experience behind defending your rights and achieving the best possible outcome for your case. Your best interests are our top priority. We overlook nothing when it comes to achieving a favorable outcome. Call our Greeley DUI/DWAI defense team today so we can begin investigating your case and strategizing a powerful defense.