FAQs Criminal Defense

Whether you need a DUI attorney for your DUI arrest depends on several factors, including the severity of the charges, your prior criminal history, proof issues within the case, and the potential consequences that you may face.

If your case involves complicating factors such as injuries, property damage, or multiple offenses, it is advisable to seek legal representation.

Do not limit your choice to hire a DUI attorney or not. You may consider taking your police report to an attorney, who is well versed in DUI law, to review your case for potential defenses and the costs to assert those defenses. The cost for a comprehensive case review depends on the facts and circumstances. After you have a DUI attorney review the case you can determine if you would like to move forward or feel comfortable negotiating the case on your own.

In Colorado, the length of a license suspension after a Driving Under the Influence or Driving with a BAC over .08 charge depends on your blood alcohol content (BAC), whether you complied with a lawful request for a chemical test, and whether it is a first or subsequent offense.

For a first offense with a BAC below a .15 the suspension is for 9 months. You may reinstate early by obtaining an interlock devise and complying with the other requirements of the Colorado Department of Motor Vehicles.

For a second offense the suspension is for 1 year with an additional requirement that you maintain an interlock devise in your vehicle for two years.

For a third or more offense, the suspension is for 2 years with an additional requirement of an interlock devise for two or more years.

For refusing a lawful request for a chemical test to determine a blood alcohol content the suspension is one year for the first violation, two years for a second violation and three years for a third or subsequent violation.

You may be eligible to reinstate early with an approved interlock devise in your vehicle. Please contact us at 5280 Law Group at (303) 747-4686 or admin@5280lawgroup.com to best determine any potential penalties and defense that you may have.

Colorado does not have a “wash out” period for DUI or DWAI convictions. A conviction for DUI or DWAI never falls off your record. It will always be on your criminal record and DMV record. The impact to your ability to obtain employment may be reduced after seven or ten years.

A conviction for a DUI case most likely will require participation in DUI education and required therapies. DUI education and therapy requirements are mandated by the state. There are several DUI providers and many provide classes in an on-line setting.

You can start your classes at any time and do not have to wait for the conclusion of your case. Starting your classes early will not impact your ability to contest the case against you.