Longmont, Colorado, is a municipality spanning Boulder and Weld counties and recorded a population of 100,758 residents in 2021. When you or someone you know in Longmont, CO, are facing accusations of drunk driving, the first thing you should do is contact a Longmont DUI attorney.
Finding a lawyer on the Internet takes time and effort. Search engines often return thousands of results for attorneys practicing different types of law in different states. You need an attorney who knows their way around Longmont DUI charges and is familiar with the prosecuting attorneys to give you the best chance of avoiding a conviction. Contact a member of our team at The Ferrell Law Firm, PLLC, to discuss your case.
DUI Charges in Longmont, Colorado
Colorado Revised Statutes § 42-4-1301 defines driving under the influence as operating a vehicle with:
- A blood-alcohol level (BAC) at or above 0.08%; or
- Your ability to drive safely is substantially impaired by alcohol or drugs.
If you provide a blood or breath sample that comes back below 0.08% but above 0.0%, you can still face charges for driving while ability impaired (DWAI). DWAI carries less severe penalties than a DUI conviction, but its penalties can still affect your life in numerous ways. A DUI conviction can make you ineligible for certain job opportunities and increase the cost of your car insurance coverage.
Penalties for a DUI Conviction
In Colorado, a first-time DUI conviction is a misdemeanor and is punishable by:
- Between five days and one year in jail,
- A fine of up to $1,000,
- Mandatory substance abuse classes,
- License revocation for up to nine months, and
- Up to 96 hours of community service.
Like a first conviction, a second conviction qualifies as a misdemeanor offense. However, the second DUI conviction carries more severe penalties. A second DUI conviction in Colorado is punishable by:
- Between 10 days and one year in jail,
- A fine of up to $1,500,
- License revocation for up to one year,
- Mandatory substance abuse education courses,
- At least two years of probation,
- Installation of an ignition interlock device for up to two years, and
- Up to 120 hours of community service.
A third DUI conviction is still a misdemeanor and is punishable by:
- Between 60 to 365 days in jail,
- A fine of up to $1,500,
- Up to four years of probation,
- Mandatory substance abuse education courses,
- Installation of an ignition interlock device for up to two years,
- License revocation for up to two years, and
- Up to 120 hours of community service.
DUI convictions after your third will result in even more severe penalties.
Defenses to DUI Charges
An attorney with experience handling Colorado DUI cases can present a legal defense to create doubt surrounding an element of the drunk driving offense. Common defenses to DUI charges include:
- Law enforcement lacked reasonable suspicion to pull you over;
- Your chemical test was collected incorrectly;
- The breath test machine was not calibrated routinely;
- The arresting officer administered field sobriety tests incorrectly; and
- The arresting officer did not give you a proper Miranda warning before interrogation.
An attorney at The Ferrell Law Firm, PLLC, can review the circumstances of your DUI arrest and determine if a legal defense applies.
Do I Have to Submit to a Chemical Test?
Yes, you are required to submit to a chemical test if you are arrested for suspicion of drunk driving. Colorado has an express consent law, meaning that every person driving in Colorado consents to a chemical test if a police officer believes they are under the influence of alcohol or drugs. The refusal to submit to a chemical test carries penalties separate from a DUI charge. Additionally, the prosecutor can use the refusal as evidence of your guilt at trial.
The Colorado Department of Motor Vehicles (DMV) will revoke your driver’s license for one year if you refuse to submit to a chemical test. Completing alcohol education courses and installing an ignition interlock device (IID) on your vehicle for up to two years can restore your driving privileges sooner.
What Should I Do If I Get Pulled Over for Drunk Driving?
No one expects to get pulled over under suspicion of drunk driving. We prepared a guide of what you should do after you get pulled over to avoid worsening your charges and putting your case at a disadvantage.
Remember Your Right to Remain Silent
After you are in custody, law enforcement should advise you of your right to remain silent. Exercise this right by asking to speak to a criminal defense attorney. Although officers may ask you questions about your activities leading up to your arrest, your answers will be used as evidence against you. Do not provide law enforcement with any additional information for their case against you. Wait until an attorney can attend the interview with you.
Cooperate with Law Enforcement
While you should refuse to provide extra details to the arresting officers, you should still cooperate with their lawful requests. Ignoring basic instructions or obstructing the officer’s investigation can result in additional criminal charges being filed against you. The last thing you want to worry about is facing more penalties.
Refuse to Complete Roadside Sobriety Tests
Field sobriety tests give police officers the opportunity to make subjective observations about whether the driver is intoxicated. Field sobriety tests are entirely voluntary. Therefore, you do not have to complete them if you do not want to. If an officer asks you to perform a field sobriety test, politely refuse.
Contact a Longmont DUI Attorney to Represent You
A DUI conviction can result not only in criminal penalties, but other long-lasting consequences that affect your future employment opportunities and constitutional rights. Hiring an experienced Longmont DUI lawyer gives you the best chance to minimize these consequences.
Michael Ferrell, our founding attorney, has experience working in the District Attorney’s Office, giving him unique insight into what evidence the state uses to prove their cases.
Our team is committed to protecting our clients’ rights and fighting tirelessly to secure a favorable outcome on their behalf. Contact our office today to schedule an appointment with one of our attorneys.