When you're already dealing with a DUI (driving under the influence) charge, misinformation can make the situation worse. Many people do not know the law, their rights, or the consequences of a DUI, which can lead to poor decisions and a weak defense.
If you're struggling to handle a DUI charge, Le Fleur Law LLC can help. Attorney Annie Le Fleur has helped countless clients throughout Colorado, including Grand Junction County, Mesa County, Delta County, and Montrose County, with DUI-related legal challenges.
Whether it’s your first DUI or a repeat offense, Le Fleur Law can help debunk common misconceptions and myths surrounding DUI charges.
Myth 1: You Can Only Be Charged if Your BAC is Higher Than 0.08%
Many people believe they can't be charged with a DUI unless their blood alcohol concentration (BAC) is 0.08% or higher. However, that's not necessarily true. In Colorado, if your BAC is between 0.05% and 0.08%, you may still face a DWAI (driving while ability impaired) charge.
Even lower BAC levels combined with other evidence, such as erratic driving or failed field sobriety tests, can lead to charges. DUI laws don’t just revolve around a specific BAC number.
Myth 2: Refusing a Breathalyzer Test Will Protect You From Charges
Refusing a breathalyzer test doesn’t mean you’re in the clear. Colorado enforces an “express consent” law, which means that by driving, you agree to submit to a chemical test if suspected of DUI.
Refusing to take the breathalyzer results in automatic consequences, including immediate license suspension and increased penalties if convicted. While you do have the right to refuse, refusal can complicate your case.
Myth 3: A DUI Isn’t Worth Fighting if It’s Your First Offense
Many people facing a first-time DUI charge believe it’s better to accept the penalties and move on. This could mean paying a fine, losing your license, or even jail time.
By hiring an attorney, you can review the evidence, challenge the legality of the traffic stop, or potentially negotiate for reduced or alternative charges, such as treatment programs. Don’t assume that a first offense is straightforward. Every case deserves an in-depth review.
Myth 4: You Can’t Be Charged if You Weren’t Driving
People often assume they can't be charged with a DUI if they weren’t actively operating the vehicle. However, under Colorado law, you can face charges if you are “in actual physical control” of a vehicle while intoxicated.
This includes situations where you are sitting in the driver’s seat with the keys in the ignition, even if you aren’t driving. Such cases can become complicated if you don't build a solid defense with legal guidance.
Myth 5: DUIs Are Only Alcohol-Related
DUI charges aren’t limited to alcohol impairment. Driving under the influence of drugs, whether they’re prescription medications, over-the-counter drugs, or illegal substances, can also attract DUI charges.
Colorado law doesn’t differentiate between substances; what matters is whether your ability to operate a vehicle is impaired. If drugs were involved, your attorney can assess whether the substance affected your driving and argue your case accordingly.
Myth 6: Once Charged, You’re Guaranteed to Lose Your License
While losing your license is a possibility after a DUI, it’s not guaranteed. There are several legal avenues you can take to contest a license suspension, including requesting a hearing with the Department of Motor Vehicles (DMV).
Your attorney can represent you during this process and work on your behalf to challenge the validity of the suspension and potentially reduce or revoke it. Don’t assume losing your license is inevitable. Proper legal representation can help to keep you on the road.
Myth 7: DUIs Only Impact Your Driving Record
DUIs can have consequences beyond your driving record. A conviction may affect your insurance rates, employability (especially if your job involves driving), and even housing applications. To avoid these far-reaching effects, it's important to fight your charges by consulting with an experienced DUI attorney.
Myth 8: All DUI Cases End in Conviction
While DUI charges are serious, not every case results in a conviction. Successful defenses may involve challenging breathalyzer accuracy, questioning the legality of the traffic stop, or identifying errors in police procedures. A competent attorney will explore all possible defenses to increase the chances of a dismissed or reduced charge.
DUI Laws in Colorado
Colorado has harsh penalties for those convicted of a DUI. Some important laws that you should know include the following:
BAC limits: A BAC of 0.08% or higher can attract DUI charges, while a BAC between 0.05% and 0.08% may result in DWAI charges.
Zero tolerance for underage drivers: Drivers under 21 caught with a BAC of 0.02% or higher may face consequences under the state’s zero-tolerance policy.
Implied consent: Refusing a chemical test comes with automatic penalties, such as a one-year license suspension and the likelihood of harsher outcomes in court.
Penalties: First DUI offenses may include up to 1 year in jail, up to $1,000 in fines, and 48–96 hours of community service. Repeat offenders face harsher penalties, such as mandatory jail time and longer license suspensions.
Marijuana DUIs: Colorado also enforces limits on THC levels for drivers. Testing above five nanograms per milliliter can lead to DUI charges.
DUI Attorney in Grand Junction, Colorado
If you've been charged with a DUI in Colorado, reach out to an experienced law firm like Le Fleur Law LLC. A passionate advocate with years of courtroom experience, Attorney Annie Le Fleur takes a client-first approach with strategic legal advice. Her future-focused representation protects your rights and peace of mind.
Located in Grand Junction, Colorado, Le Fleur Law LLC serves clients throughout Grand Junction County, Mesa County, Delta County, and Montrose County. Reach out today to schedule a consultation.
