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DWI Attorney in Grand Junction, Colorado

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Dealing with legal troubles can be stressful and overwhelming, especially when facing a DUI charge. If you're found guilty, you could face jail time, hefty fines, and harbor a criminal record that may affect your future job opportunities and personal relationships. Thankfully, there are steps you can take to minimize the consequences of a DUI charge.

Don't navigate this storm alone. Attorney Annie Le Fleur at Le Fleur Law LLC understands the fear you’re feeling and provides comprehensive legal support for Coloradoans enduring these challenging situations.

Serving clients across the Western Slope, including Mesa County, Delta County, and Montrose County, Attorney Le Fleur brings years of courtroom experience to her practice. Contact her firm in Grand Junction, Colorado, today to schedule a time to discuss your case with a compassionate lawyer.

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DUI and DWI Charges in Colorado

In Colorado, a DUI (Driving Under the Influence) charge is a serious offense. It refers to operating any motor vehicle while impaired by alcohol or drugs. A similar term used is DWI (Driving While Intoxicated), which essentially carries the same implications.

Colorado law stipulates that if a driver's Blood Alcohol Concentration (BAC) reaches or exceeds 0.08%, they can be convicted of a DUI. The situation escalates to an "aggravated DUI" when a driver's BAC hits 0.17% or more. For those under the legal drinking age of 21, even a BAC between 0.02% and 0.05% can lead to a conviction, owing to Colorado's "zero tolerance law".

Do I have to be driving to get a DUI in Colorado?

Interestingly, in Colorado, one doesn't necessarily have to be actively driving to be charged with a DUI. The law focuses on whether an individual is in "actual physical control" of the vehicle. This means if someone is seated in the driver's seat with the ability to operate the vehicle, even if it's stationary, they could still face a DUI charge. Simply having the keys in the ignition, regardless of whether the engine is running, could be considered as being in "actual physical control".

Sobriety Tests and Your Rights

If a law enforcement officer suspects a person of driving under the influence in Colorado, they may request that you perform a series of sobriety tests. These tests are designed to assess coordination, balance, and cognitive abilities to determine if an individual is impaired. Some examples of alcohol sobriety tests include:

horizontal gaze nystagmus,
walk-and-turn, and
one-leg stand tests.

In the case of drugs, a urine or blood sample may be requested to determine the presence of drugs in an individual's system.

Methods Used by Colorado Law Enforcement to Assess Marijuana Impairment

Determining if a driver is under the influence of marijuana can be more complex than assessing alcohol impairment. Unlike situations with alcohol, there isn't a universally accepted legal limit for THC (the psychoactive compound in marijuana), which makes detection more challenging.

In Colorado, law enforcement officers primarily rely on observed signs of impairment and field sobriety tests to assess potential marijuana impairment. These signs could include erratic driving, red eyes, delayed reaction times, and the smell of marijuana.

Field sobriety tests may be used as well to help officers determine whether a driver's mental and physical faculties are impaired.

Additionally, Colorado has a law that presumes a person is under the influence of marijuana if their blood contains five nanograms or more of active THC per milliliter. However, this is a rebuttable presumption, meaning that the individual can present evidence in court to show they weren't impaired despite having a THC level above the limit.

Your Right to Refuse

In Colorado, individuals have the right to refuse a roadside breathalyzer test, but refusal can lead to license revocation for up to a year under the state's implied consent law. Refusing a chemical test, such as a blood or urine test, can have similar consequences.

It's worth noting that sobriety testing methods aren't foolproof. They can potentially lead to false positives, as some signs of impairment might be caused by other factors, and THC can be detected in the blood long after its impairing effects have worn off. This is why anyone facing a DUI charge related to alcohol, marijuana, or any other substances must seek legal counsel. Attorney Annie Le Fleur of Le Fleur Law LLC, based in Grand Junction, Colorado, offers comprehensive criminal defense services for individuals facing such charges.

Possible Penalties for a DUI in Colorado

The penalties for a DUI conviction in Colorado can be quite severe and vary depending on the circumstances of the case and any prior offenses.

For a first-time DUI offense, the offender can expect a minimum license suspension or revocation period of nine months. But that's not all. Mandatory alcohol education, assessment, and treatment are also part of the penalty package. The law does not allow for vehicle confiscation at this stage, but it's important to note that for any future offenses, an ignition interlock device (IID) becomes mandatory.
A second-time DUI offense in Colorado brings a more extended license suspension or revocation period - a minimum of one year. Again, mandatory alcohol education, assessment, and treatment are required. At this point, the law requires the offender to install an IID in their vehicle.
For individuals facing a third-time DUI offense, the stakes get even higher. The minimum license suspension or revocation period is now two years. As with previous offenses, mandatory alcohol education, assessment, and treatment continue to be a part of the consequences. An IID remains a mandatory requirement for the offender's vehicle.

It's essential to remember these are the minimum penalties. Depending on the circumstances surrounding the offense, penalties could be more severe.

Ignition Interlock Program

Colorado enforces an Ignition Interlock Program, which mandates those convicted of a DUI to install an Ignition Interlock Device (IID) in their vehicle. This device measures the driver's breath alcohol concentration and prevents the vehicle from starting if alcohol is detected.

The duration of this requirement varies depending on the number of prior offenses and other factors. For instance, if a third-time offender gets arrested for another DUI, the device might need to be installed for an extended period, or in some cases, for life.

Seeking Legal Help

Facing a DUI charge can be overwhelming and stressful. Depending on your specific situation, you may be able to challenge the charges against you, which could lessen the consequences or even get the charges dropped. Attorney Annie Le Fleur at Le Fleur Law LLC has extensive experience defending individuals charged with DUIs. If you’re in or near Grand Junction, Colorado, and need DUI or DWI defense representation, put her in your corner today.