- The first thing you should do upon your release is contact an experienced attorney who specializes in DUI and criminal traffic offenses and determine whether you need to request a hearing with the Department of Revenue. Be sure to require the attorney to provide examples of his or her experience with specific cases. Also, you should enroll in alcohol or substance abuse treatment as soon as possible to mitigate your case later and address any personal addiction issues. Please click here for a directory of all licensed providers in Colorado. Even with a winnable case, a proactive approach may lead to less litigation for a positive result.
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- Yes. The Colorado State Legislature changed this statute in 2002. Now, if you have a prior DUI offense on your record, even if it was twenty years ago, the Court must treat you as a multiple offender, which means some form of incarceration must be imposed if you are convicted of any alcohol-related driving offense.
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- The Colorado Legislature has increased the penalties for first-time offenders, both in the courts and at the Department of Revenue (DMV). The two worst consequences, so long as no one was seriously injured, are incarceration and the absolute loss of driving privileges for up to two years. Depending on the circumstances of your case, you may be required to have an interlock-ignition device as a mandatory condition of a probationary license and for two years upon reinstatement, in addition to any suspension of driving privileges.
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- Yes, but it is discounting your initial arrest, it is unlikely unless your blood alcohol content (BAC) is 0.20 or greater. If it is at 0.20 or greater, by law the court must impose incarceration of anywhere from ten days to one year. While many judges still will allow a house arrest type of sentence in this situation, judges are getting stricter and stricter due to all of the negative publicity high-profile DUI cases have had within the last few years. Even if your BAC is low, you still face the possibility of jail on a first offense.
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- Colorado Revised Statute (CRS) 42-2-132.5 gives the requirements as to who must have the Ignition Interlock when they reinstate driving privileges. For a first-time offender, if your blood-alcohol level was 0.17 or more, you are required to have the Ignition Interlock when you reinstate driving privileges. For repeat offenders, there are exceptions, but this condition almost always applies.
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Smart Start, Inc.
1-800-880-3394
Westminster, CO 80030
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National Interlock Services Ltd.
1-800-475-5490
Aurora, CO 80011
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Guardian Interlock Systems
1-800-499-0994
Denver, CO 80022
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Draeger Safety Diagnostics, Inc.
1-800-332-6858
Denver CO 80216
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- While a lawyer cannot guarantee the outcome of your case, most DUI/DWAI cases have very technical issues that many lawyers and deputy district attorneys do not realize. You not only need to obtain representation in court, but also at the Department of Revenue. There have been many cases where Mr. Tiftickjian was able to negotiate a non-alcohol-related plea or avoid a license suspension due to clever legal maneuvering. For example, Mr. Tiftickjian represented a client in 2006-07 who had multiple prior alcohol offenses on his record and was charged with a felony for Aggravated Driving as a Habitual Offender, DUI and other traffic offenses. After multiple motor vehicle hearings and a motions hearing in Jefferson County District Court, Mr. Tiftickjian was able to negotiate a plea to Reckless Driving (a non-alcohol-related offense) and, as a result, no license suspension.
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