DUI Defense Attorney
Fighting for your rights in Colorado
How Barrie can help:
Barrie will also represent you in the criminal process. She will review all of the evidence against you, looking for possible constitutional violations that may lead to the suppression of certain evidence. She will advise you on all of the possible avenues of suppression and defenses, as well as what sentencing requirements apply to your situation. Barrie will negotiate a resolution for you based on your goals, within the parameters of these sentencing guidelines. If we cannot reach a desired resolution, Barrie will fight zealously for you at pre-trial suppression hearings and at jury trial.
As your DUI lawyer, Barrie will immediately request a hearing on your behalf through the DMV and appear as your attorney for that hearing. At that hearing, Barrie will challenge the arresting officer’s statement of probable cause in an attempt to save your driving privileges from revocation.
What happens when you get a DUI in Colorado?
Being arrested, or even getting a summons (i.e., ticket), for a DUI can be scary. Most people immediately worry about losing their driver’s license and about going to jail.
In Colorado, every driver consents to a law - called the “Express Consent” law - that requires them to take a blood or breath test if an officer has probable cause to suspect them of driving under the influence. A test result over the legal limit or a refusal to take the test can lead to a revocation of driving privileges. This happens through an administrative process with the DMV, not the criminal court.
A person could also be required to serve jail or probation or both if they are found guilty of a DUI. The mandatory jail time depends on the number of prior DUIs, including those in other states.
What happens if you get more than one DUI?
A second or more DUI in Colorado will require a person to serve a probation sentence. A second DUI also carries a mandatory minimum jail penalty of 10 days and a third DUI carries a mandatory minimum of 60 days of jail. Some alternatives to jail are available but the availability depends on many factors.
A fourth or more DUI in Colorado is a felony offense, requiring a person to serve probation with anywhere from 90-120 days in jail. A person could go to prison on a fourth or more DUI.
When should you find a DUI defense lawyer?
You should hire a lawyer for your DUI as soon as you get arrested or get ticketed. The most time-sensitive issue is the administrative process through the DMV for license revocation. If you want a hearing to challenge the loss of your driving privileges, you are required to request this hearing within seven days of receiving your Express Consent Affidavit and revocation notice. For a refusal or a breath test, this is at the time of arrest. For a blood test, this will be after the blood sample is tested and the Notice will be mailed to you.
What does a defense attorney do in a DUI case?
Navigating a DUI in Colorado can be a tricky process, as the administrative process and the criminal process are separate and distinct. However, both processes carry serious and potentially life-altering consequences.
Additionally, understanding what mandatory minimums, as well as exceptions or alternatives, apply to your situation is key to resolving a DUI in the most favorable way.
Nothing on this page is to be construed as legal advice and is for personal informational purposes only.
Barrie has helped people in Durango, Cortez, Pagosa Springs, Dove Creek, Bayfield, Ignacio, Mancos, Silverton, and Dolores. If you need to defend against a DUI in any of these areas, get in touch for a consultation