Driving under the influence of alcohol or drugs is a serious crime and carries serious consequences. The punishment can include jail time, fines and loss of driving privileges. In fact, Colorado DUI laws require mandatory jail time for repeat offenders. A conviction – even for a first offense – can cause repercussions that affect the rest of your life: branding you a prior offender, causing you to lose your job, and increasing your insurance rates. In many instances, a person charged with DUI has only seven days to take action to preserve his or her driving privileges. If you are facing a charge of DUI (driving under the influence of alcohol or drugs) or DWAI (driving while ability is impaired by alcohol or drugs) you should consult an experienced criminal defense lawyer as soon as possible.
The lawyers at Parker Lawyers have litigated hundreds of driving while intoxicated cases. Prior to going into private practice, James T. Anest was a prosecutor in Wyoming, and Morley Swingle was a prosecutor in Missouri. Swingle repeatedly won prosecutor of the year awards from Mothers Against Drunk Driving organizations in Missouri. He has tried every sort of DUI case, from simple first-offenses to drunk-driving fatalities resulting in vehicular homicide and manslaughter charges. He has taught DUI litigation for prosecutors and defense lawyers and has completed the “Lethal Weapon” course (prosecuting drunk driving fatalities) sponsored by the National District Attorneys Association. Swingle’s article “Drunk Drivers and Blood Draws in Colorado,” is being published in the February issue of The Colorado Lawyer. He previously published an article about the use of drug recognition experts in DUI cases. See H. M. Swingle, “Drug Recognition Experts in Missouri,” 66 J. Mo. Bar. 250 (2010).
The best defense in a DUI case often requires early involvement by an experienced criminal defense lawyer. Witnesses who can testify that you did not appear to be intoxicated need to be interviewed while their memories are fresh. Experts who can question the accuracy of testing done by police crime labs need to be contacted as soon as possible. Photographs of crash scenes and damaged cars need to be taken before the evidence is lost. Scientific tests may need to be run on evidence before it goes bad.
The best defense in a DUI case often involves getting evidence (such as BAC test results or poor performance on field sobriety tests) suppressed when the police officer did not have probable cause to make a stop or an arrest, or when the officer did not follow statutory procedures when having blood drawn or a breath sample taken.
If your BAC (blood alcohol level) was under .08 a legal presumption exists that you were not under the influence, and if it was .05 or less a legal presumption exists that you were not even impaired.
When there is a question about whether or not a person was under the influence, police and prosecutors often err on the side of charging a suspect. Your best defense to a criminal DUI charge is to involve an experienced criminal defense lawyer early on.
Being charged with DUI, DWAI, vehicular assault or vehicular homicide can be a very scary time. Don’t face this situation alone. James T. Anest, P.C. is ready to be your advocate in court. James T. Anest, P.C. is located in Parker, CO, but services clients across the Denver Metro area, including Arapahoe County, Douglas County, Lone Tree, Highlands Ranch, Castle Rock, Jefferson County, Adams County, Denver County, Boulder County, Kiowa and Elizabeth. We will aggressively defend you against DUI or other alcohol-related driving charges through every step of the process because we know that when you are faced with a serious charge, you need a serious defense.
Call Parker Lawyers today at (303) 841-9525 if you or a loved one needs immediate help.