DUI Lawyer Denver CO
A DUI lawyer Denver CO locals trust is an excellent resource to learn more about how the law may affect you when you’re visiting another state. Although you may have an understanding of laws for driving under the influence (DUI) in your home state, it’s likely that you are not aware of how laws in other states may differ. Congressional Highway Funds have mandated that .08 is the legal blood alcohol content (BAC) through much of the United States. It is important to be aware that each state has different mandates when it comes to DUI charges. To further complicate things, DUI cases pertaining to out of state residents may also have different rules. The Signs, Symptoms and Tests of a DUI Arrest.
Variations of Terminology
When it comes to DUIs the terms can vary by state. The name/title of a DUI is different depending on where you live:
- DUI stands for driving under the influence.
- DWI means to drive while intoxicated.
- DWAI means to drive while ability impaired.
While the terms for a DUI may be different depending on where you live, essentially they mean same thing. A DUI lawyer in Denver CO can further clarify the meaning of your charges in this jurisdiction.
A DUI lawyer Denver CO residents trust, such as Richard J. Banta, P.C., understands that one of the most common ways law enforcement attempts to determine whether or not a person is driving under the influence of alcohol is to measure their blood alcohol content (BAC). In Colorado, a person is considered legally intoxicated if their BAC measures .08% or higher. However, there are situations where police can charge a person with driving while ability impaired (DWAI) if their BAC measures between .05% and .08%.
How Is BAC Determined?
An experienced DUI lawyer Denver CO clients depend on knows that the BAC is the ratio of alcohol to a person’s blood or breath (depending on the type of test used). Alcohol can typically be measured within a half hour of consumption because of how quickly it is absorbed. Many people think that the type of alcohol they drink will make a difference how their BAC is affected, however, the type of alcohol a person drinks — beer, wine, or distilled liquor — does not make a difference in the BAC measurement.
There are factors which can affect the BAC, including:
- Gender of the drinker. Alcohol usually stays longer in a female’s body than in a male’s body. This is because women have more body fat than men and alcohol is not easily absorbed by fat cells.
- The weight of the person drinking.
- The number of drinks consumed.
- The time frame when the drinks were consumed. Spreading out the drinks over a longer period of time results in a lower BAC compared to drinking them quickly.
- Whether the stomach is empty or full. Food helps slow down the absorption of alcohol.
Refusing to Take a BAC Test
Colorado, just like many states across the country, has an implied consent law. As a DUI lawyer Denver CO provides can explain, “implied consent” means when you accept a driver’s license from the state, you are also consenting to taking a chemical BAC test if a police officer arrests you for drunk driving. The law says this test must be given within two hours of when you last drove your vehicle. You have the right to choose which type of test — a chemical test (blood or urine measurement) or a breathalyzer test — you prefer. Refusing to take the test can result in loss of license, even if it was proven later on you were not driving over the legal BAC limit.
The implied consent law also says that you are willing to take a preliminary breath test, even if you have not been arrested. This test may enable police to establish probable cause against you. Learn more about The Problem with Field Sobriety Testing.
Repeat Offenders
States have a computer system that enables them to track whether or not someone has been convicted of a crime in other states. That means that any prior convictions you have in other states will be available to the authorities. Essentially, a repeat offender will receive a harsher sentence if they committed a crime in a state they are visiting if you were previously convicted of the same charge in your home state, or in other states. If you have any previous criminal convictions, be sure to inform your DUI lawyer Denver CO motorists turn to such as Richard J. Banta, P.C.
Longer Sentences and Out of State Convictions
A state may refer to a previous out of state conviction when imposing a longer sentence on a person. Case law takes into account the similarities in each state when it comes to the following considerations:
- Intent
- How intoxication is defined by state
- The components surrounding the offense
Although there may be differences when it comes to the nuances of statutes, a DUI lawyer Denver CO drivers rely on can interpret how the law may apply in your case.
Interstate Driver’s License Compact
The Interstate Driver’s License Compact is an agreement that has been adopted by many states as a way to track DUI convictions. In this way, drivers who are convicted of more than one DUI will be treated as if they received all the convictions in their home state. Based on your criminal history, a DUI lawyer Denver CO residents choose can inform you of the punishment you will likely receive for another conviction.
Let a Denver DUI Lawyer Protect Your Rights
If you have been arrested for drunk driving, you need to contact a skilled DUI lawyer in Denver CO right away. The sooner your attorney can begin building your defense, the better your chances may be. Attorney Richard J. Banta, P.C. is a top DUI lawyer Denver CO has to offer and fights aggressively against unfair prosecutors and law enforcement to protect your rights. He is an AV rated attorney by Martindale-Hubbell, the premier attorney rating company in the country.
Contact a DUI lawyer Denver CO clients trust for a free consultation, or fill out a contact form on our website.
When it comes to out of state DUI cases, there are a number of variables. This is why the legal counsel of Denver DUI lawyer Richard J. Banta, P.C. can be invaluable. Contact him at the Law Office of Richard J. Banta, P.C. through our website or call us for a free consultation with a DUI lawyer Denver CO offers.
Why You Need to Take a DUI Charge Seriously
When our Denver CO DUI lawyer takes on a new client, very often the client is surprised to learn how serious a DUI charge can be due to the potential repercussions of a conviction. Indeed, even if you are arrested for what is initially charged as a misdemeanor DUI, it may be elevated to a felony charge after your initial incarceration. This underscores the importance of hiring a DUI lawyer from the onset.
If you have not already done so, contact our Denver CO DUI lawyer at the Law Office of Richard J. Banta, P.C.immediately. During the first consultation, which will be at no charge, a review of your case by our skilled lawyer can provide you with invaluable information. When you work with a seasoned DUI lawyer, you are far likelier to experience a positive resolution as to what may happen if you represent yourself or hire a public defender.
Escalation of a Misdemeanor to a Felony and Additional Charges
As mentioned, it’s not unusual for a misdemeanor DUI to escalate to a felony DUI. This is more common when there are extenuating circumstances which by law, or due to a motivated prosecutor, gives cause for seeking harsher penalties. Your Denver CO DUI lawyer from the Law Office of Richard J. Banta, P.C. may have a very good idea of whether or not you are likely to be ultimately charged with a felony after a careful review of your case. These are some of the more common reasons for why a prosecutor may change your criminal charge from a misdemeanor to a felony DUI:
· You have one or more previous DUI convictions on your criminal record.
· You injured or killed one or more people when you were DUI.
· You exhibited reckless behavior while DUI. For example, you were driving at three times the speed limit or at a high rate of speed through a parking lot. In addition to a felony DUI, you may also be charged with reckless driving.
· You had a blood alcohol content (BAC) excessively higher than the maximum BAC allowable.
· You have a known history of alcohol and/or drug abuse.
Penalties for a DUI
Even a misdemeanor DUI conviction can have catastrophic results for the defendant. (Regardless of the nature of your DUI charge, call the Law Office of Richard J. Banta, P.C. to speak with our DUI lawyer in Denver CO about legal representation.) A DUI conviction of any kind can cause years of problems for the individual. These are just a few of the reasons why:
· A DUI conviction may contribute to relationship tensions, particularly if the convicted person has a drug or alcohol problem.
· A DUI conviction may make it difficult to get a bank loan.
· A DUI conviction may make it difficult to get a mortgage or decent rental housing.
· A DUI conviction may make it difficult to get a well-paying job.
· A DUI conviction may result in losing one’s driver’s license for an extended period of time, or permanently.
· A DUI conviction may result in a large fine.
· A DUI conviction may result in a prison sentence.
· A DUI conviction may encourage surviving family members to pursue a civil suit against the individual for wrongful death, or a personal injury suit if the victim was injured but survived.
Do not hesitate to reach out to us at the Law Office of Richard J. Banta, P.C. if you were arrested for a DUI. Our DUI lawyer Denver CO clients recommend will be pleased to offer you a free initial consultation
What is an aggravated DUI and how is it different?
There are different types of DUI charges and with them comes different penalties. Driving under the influence has severe penalties in general but there are certain circumstances that can elevate those penalties. In this article, we’ll walk through different circumstances that could lead to an aggravated DUI.
High Speeds – A person can be charged with an aggravated DUI if they are caught driving at excessive speeds. Some states have laws that mention if a person goes a certain number of miles over the speed limit while intoxicated, they could get a higher punishment.
Not first DUI – If this isn’t a person’s first DUI offense, the penalties will be more severe. Most states give harsher punishments to repeat offenders because they don’t want to encourage people from continuing to drive under the influence of drugs or alcohol.
Driving on a suspended license – By driving on a suspended license, the driver shows the court that they do not respect their laws and therefore if they are caught driving under the influence, it will be considered an aggravated DUI charge.
High blood alcohol content – If a person’s blood alcohol content is well above the legal limit of .08% (say twice the legal limit) then that crime is considered an aggravated DUI. An extremely high blood alcohol content is extremely dangerous as the person could have no recollection of their actions and could not possibly make sound decisions while behind the wheel of a car.
Minors in the vehicle- An aggravated DUI charge can be given if there were minors present in the car at the time of the arrest. By putting the children in the car in danger, it is showing an extreme form of reckless behavior – one that clearly does not value the safety of minors. An aggravated DUI could also be charged if the driver commits the DUI in a school zone. This is true regardless of whether or not minors were physically in the car or not.
Penalties for aggravated DUI
While some DUIs (especially first-time DUI offenses) are considered misdemeanors, depending upon the severity of the aggravating circumstances, an aggravated DUI can be classified as a felony. An aggravated DUI can result in higher fines (sometimes up to thousands of dollars), losing your license for up to a year, probation, and potentially jail or prison time. Some states require even first-time offenders to spend time in jail for an aggravated DUI charge. Jail time can range from spending a few days in jail to spending up to a few years in prison.
A felony can have long term effects on a person’s life. It can impact future employment, the ability to get a loan, or the ability to rent an apartment. Any type of DUI charge can impact a person’s life after they are done dealing with the immediate consequences. Car insurance premiums skyrocket after a person has been convicted of a DUI. An aggravated DUI can prevent a person from ever becoming a professional driver or even hold a commercial driver’s license.
Do not hesitate to reach out to us at the Law Office of Richard J. Banta, P.C. if you were arrested for a DUI. Our DUI lawyer Denver CO clients recommend will be pleased to offer you a free initial consultation.
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