What is Considered a First Drunk Driving Offense?
For a first-time DUI charge with a BAC above 0.20, the legal penalties are the same. However, a BAC over 0.20 takes away the ability of the judge to suspend the sentence. Thankfully, the judge does have the discretion to substitute jail time for a sentencing alternative.
Alternative sentencing options may include:
• In-home detention
• Day reporting
• Electronic monitoring
Especially for a DUI charge with a BAC over 0.20, you need to call DUI Law Firm Denver right away. A strong legal team on your side gives you a better shot for alternative sentencing.
Don’t try to navigate the complex legal system on your own. We’re here to help you!
Do You Have to Take a Roadside Sobriety Test?
Did you know that you don’t have to consent to a roadside sobriety test? That’s right! You have no legal obligation to participate.
The only exception is if your first offense results in vehicular assault or vehicular homicide. In that case, the rules change. The offense moves from a misdemeanor charge to a felony charge. Felony charges carry much harsher penalties.
Until the law enforcement officer arrests you, you do not need to take a field sobriety test. At the time of arrest, you then must consent to the chemical test. If you refuse, you will receive a charge for refusing the chemical test, which results in one year of driving revocation and other penalties.
Avoid Helping the Prosecution
Any information you share with a police officer, the prosecution can use in the case against you.
In fact, you should not share any information with law enforcement about what you have consumed.
• Illegal drugs
• Legal drugs
• Anything else
You do not want to help the prosecution. No matter how caring or helpful they may seem, they are not on your side. That is why you need to work with the specialized DUI attorneys at DUI Law Firm Denver.
Will You Go to Jail for a First-Time DUI Offense?
Whether you spend time in jail depends on the specifics of your case. Colorado does have a minimum jail time sentence of five days for a first offense DUI. However, the court can choose to suspend the jail sentence if the defendant completes a substance abuse assessment and an alcohol education class.
It’s vital to call a qualified and experienced DUI lawyer as soon as possible. We begin work on your case right away to give you the best chance for a positive outcome. We understand the law and work to defend your rights and represent your best interests. This includes avoiding jail time.
What’s the Difference Between a DUI and DWAI for First Time Offenders?
A DUI stands for Driving Under the Influence while a DWAI stands for Driving While Ability Impaired. A DWAI is a lesser offense than a DUI. However, both carry harsh penalties that greatly impact your life and freedom.
A DUI applies to a BAC of 0.08 or greater. A DWAI applies to a BAC of 0.05 to 0.07. Drinking only one beer can increase your blood alcohol content to 0.05. If a police officer pulls you over, admitting to drinking even the slightest degree of alcohol could result in a DWAI charge.
Can You Get a First Offense DUI Dismissed?
Yes! It is possible for a first offense DUI to be dismissed. However, you need a law firm with the knowledge of both the law and science behind drunk driving on your side.
Any violations of your rights, including procedural errors may qualify your case for dismissal. We fight for you each step of the way. We evaluate all information and processes related to your case to look for any information that may support the dismissal of your case.
Can You Get a DUI for Driving After Using Marijuana?
Yes, driving a motor vehicle under the influence of marijuana can result in a DUI charge. Even though recreational use of marijuana is legal in Colorado, it is illegal to drive when ability impaired by marijuana use.
In fact, driving under the influence of drugs of any type or with the combination of alcohol is illegal. If stopped, you will likely face criminal charges. The penalties may include license suspension, jail time, fines and additional penalties.
DUI Law Firm Denver Works for You
DUI Law Firm Denver has handled hundreds of DUI cases, including many first offenses. We know that your first offense is the best time to build a strong defense. Don’t let a DUI ruin your life. Let us help you to achieve the best possible outcome.
• We work as a team from the start to defend your case.
• We use both science and the law to break down the case against you by identifying errors or failures to follow procedures.
• We work hard to settle cases out of court.
• If your case does go to court, we send two attorneys to represent your case.
• We ensure the filing of the necessary paperwork and work on your behalf to avoid administrative penalties, like loss of driving privileges and high fines.
Our team approach makes a stronger defense to protect you throughout the process of fighting your first DUI charge.
Contact DUI Law Firm Denver to Fight Your First DUI Offense
Let us help you build a solid defense. We have a track record of success based on our knowledge of the legal process and science used by the prosecution in DUI cases.
There’s no risk in calling us! But, the risk is high if you try to manage a DUI case on your own.
We offer a free initial consultation. Contact DUI Law Firm Denver today!