Our Denver DUI lawyers are relentless in defending drunk driving cases. With strict laws and severe penalties, DUI charges can have life-altering consequences.
At Shazam Kianpour & Associates, P.C., our award-winning attorneys have the expertise to tackle these challenges head-on and are committed to providing you with an aggressive, zealous defense.
Colorado criminal defense attorneys at our firm provide traffic violations defense to people in the Denver metro area and throughout Colorado’s Front Range, including the Adams, Arapahoe, Jefferson, Douglas, Denver and Boulder counties, just to name a few.
Our traffic violations practice includes both felony and misdemeanor traffic offenses, such as:
According to Colorado Revised Statute, CRS 42-4-1301, driving under the influence of alcohol means operating a motor vehicle when you have consumed alcohol to a degree where you are substantially incapable – either mentally, physically or both – of exercising clear judgment, sufficient physical control or due care in the safe operation of a vehicle.
In Colorado, the legal limit is .08% for driving under the influence of alcohol. Drivers who choose to take a blood or breath test and register a BAC result above .08% will be charged with driving under the influence.
Prosecutors want you to think that your case is open and shut. However, the evidence may not be nearly as strong as it seems.
Our attorneys carefully examine the details of your case to determine weaknesses and opportunities for challenging evidence.
Here are just some of the areas we will examine:
Legality of the traffic stop: Police officers cannot legally pull you over unless they have a “reasonable suspicion” that you are breaking or have broken the law.
This could include driving drunk or violating traffic laws. The only exception to the reasonable suspicion requirement is at a designated DUI checkpoint.
Reasonable suspicion is a lower standard of proof than probable cause, but the officer must establish probable cause (using field sobriety, chemical tests and other observed evidence) before they can arrest you for DUI.
If the traffic stop is deemed illegal, any evidence obtained during the stop could potentially be suppressed, meaning it could not be used to convict you.
Problems with standardized field sobriety tests (SFSTs): These are a series of roadside tests measuring things like coordination and balance that police use to gain more evidence of alcohol impairment.
There are many reasons that a person could fail these tests even when completely sober, such as suffering from certain medical conditions or general poor health.
Also, if police deviate from protocol in how the tests are administered, the results may be deemed invalid.
Problems with breathalyzer tests: Breath alcohol tests are not foolproof. They can give inaccurate readings if tests are administered improperly or if the testing devices are overdue for calibration. Our attorneys will explore all possibilities.
Problems with blood tests or chain of custody: Alcohol impairment is typically confirmed with a blood test after the suspect has been arrested.
The details matter when it comes to things like the timing of the test, who took the blood sample and under what conditions.
Our attorneys will examine these details, and they will also scrutinize the chain of custody for the blood sample as it was collected, analyzed and stored.
If there was an opportunity for evidence tampering or an accidental switch of samples, the blood test results could be deemed inadmissible.
The specific defense options you have will vary depending on the details of your case. But it’s important to remember that you likely do have defense options, and you should consult a skilled defense attorney to learn what they are.
Colorado law defines driving under the influence (DUI) as operating a vehicle while impaired by controlled substances.
In Colorado, the legal blood alcohol concentration (BAC) limits are:
A DUI carries serious penalties. Under Colorado’s criminal code, these may include:
Under Colorado’s implied consent law, drivers automatically agree to submit to chemical testing if suspected of DUI.
Refusal to take a BAC test can result in immediate license revocation and additional penalties. Offenders may also have to install an ignition interlock device (IID) in their cars.
Colorado also has strict laws concerning driving under the influence of drugs (DUID). Drug impairment is tested through blood or saliva tests, and similar penalties apply as those for alcohol-related DUIs.
In Colorado, zero tolerance laws for underage drivers mean that if you are under 21 and caught driving with a BAC as low as .02%, you can face serious consequences.
The penalties for this offense include a three-month driver’s license suspension, a fine of up to $150 and up to 24 hours of community service. Additionally, you may be required to complete an alcohol education program.
For underage drivers with a BAC over .05%, the penalties become even more severe, potentially including jail time. You can’t afford to let a criminal conviction delay or limit an otherwise bright future.
If you or your child has been charged under Colorado’s zero tolerance laws, contact our attorneys immediately to discuss the next steps.
When you are arrested for a DUI in Colorado, the process begins with your arrest and booking. You will then have an arraignment where you will hear the charges against you and can enter a plea of guilty, not guilty, or no contest. Following this, there may be pretrial motions and hearings.
At any point, your attorney can discuss plea bargaining options with the prosecution, which may lead to reduced charges or penalties. If your case goes to trial, the evidence will be presented, and a judge or jury will decide your guilt. If convicted, you will proceed to sentencing, where penalties such as fines, community service or jail time may be imposed.
Our dedicated DUI defense attorneys will guide you through each step, working to protect your rights and achieve the best available outcome for your case.
A DUI conviction can significantly impact your future. It remains on your criminal record, which can hinder your job prospects, as many employers conduct background checks and may be reluctant to hire someone with a DUI.
Finding housing can also become more difficult, as landlords often review criminal records and might decide against renting to you. Additionally, pursuing higher education may be challenging, as some colleges and universities could deny admission or withdraw scholarships if you have a DUI on your record.
Our attorneys know what’s at stake, and they work tirelessly to help you minimize the immediate and long-term effects of a DUI.
Below, you’ll find answers to some questions you may have following an arrest for alleged drunk driving.
The short answer is yes: The Colorado Department of Revenue (DOR) will try to penalize you by way of administrative proceedings and hearings. Simply put, they will try to take away your Colorado driver’s license.
You should consider hiring an experienced DUI attorney to fight this administratively at the DMV with a hearing. This is called an express consent hearing. If you have a BAC greater than .08% and are a first-time offender, you face a mandatory minimum license suspension of nine months.
However, CRS 42-2-126 allows first-time offenders to apply for a restricted license after 30 days of revocation. If it is your second DUI, the driver’s license suspension penalties only increase. For example, CRS 42-2-126 states that a second-time offender will lose their license for one full year.
For a third or subsequent offense, you will face three years of license revocation.
Remember, a DUI conviction is considered a “habitual traffic” strike on your driving record. If you receive three strikes over a seven-year period, you can lose your license for five years.
The second step of your DUI defense in Colorado will be combating your charges within the criminal courts. Beginning in 2010, the Colorado DUI law changed in a very big way.
Offenses committed after the 2010 effective date face stiffer penalties. These stiffer mandatory penalties removed the ability for judges to use some discretion in the sentencing of multiple offenders.
First-time offenders face between five days and one year in jail.
Fortunately, the five days in jail are not mandatory for a first-time offender. A second DUI conviction in Colorado results in a mandatory minimum of 10 days in jail and a maximum sentence of up to one year in the county jail.
A third or subsequent offense will result in a mandatory minimum of 60 days in jail, up to a potential maximum of one year in the county jail.
The mandatory minimum on a third or subsequent offense may not be served on in-home detention (ankle monitor). These are serious penalties and demand serious representation. Call us today to discuss your DUI case.
Due to Colorado’s “express consent” laws, refusing to give consent to having your alcohol level tested will result in the suspension of your driver’s license for one year.
You can fight the suspension at a hearing, where it is crucial to have an experienced attorney representing you.
There are financial consequences, such as fines, and the potential for a suspended driver’s license, but the collateral consequences are particularly problematic for young people.
Having an underage DUI conviction could bar you from receiving financial aid for college or even cause trouble with college admissions.
You have your whole life ahead of you, and we will fight to make sure it is not prematurely derailed.
Colorado’s DUI laws have gotten progressively tougher over the years. Each subsequent DUI comes with tougher penalties, working up to the extremely harsh consequences of a fourth DUI:
To minimize the damage from felony DUI charges, it is critical to have an experienced defense lawyer looking out for you.
Colorado law states that you may be declared a persistent drunk driver if one or more of the following is true:
The last two conditions can be met on a first offense, meaning that you could be labeled a PDD with no prior offenses.
In Colorado, a PDD designation will result in the revocation of your driver’s license. To get it back, you must meet three requirements:
Not only are these requirements a burden on your time, but they can also be expensive to meet.
You will need to challenge the designation in a DMV administrative hearing (called an express consent hearing), which is separate from your criminal case. The hearing must be requested within seven days of your arrest.
To challenge PDD status, you’ll need to challenge the drunk driving violation that triggered it. When doing so, it is essential that you work with attorneys who know how these cases are prosecuted. We have over 20 years of combined experience, including experience as former prosecutors. We know how the state builds drunk driving cases, and we utilize that knowledge to craft the strongest defense possible in your case.
Despite the mandatory sentences imposed under Colorado DUI laws, there is still hope. Not every county court is created equal. Some courts are willing to utilize discretion, whereas other courts may not be willing to be as flexible. A DUI in Denver County Court, for instance, may not be subject to the same sentencing policies as a DUI in Arapahoe County Court. The same applies to other Denver-area courts, such as Adams County Court, Jefferson County Court or even the Douglas County Court. Each different court and district attorney approaches DUI cases in a different manner. Our Denver DUI lawyers know how to handle your case, no matter the jurisdiction.
Choosing the right attorney can significantly impact the outcome of your case. We bring over 20 years of dedicated criminal defense experience to the table.
Our attorneys have successfully handled more than 10,000 criminal cases, treating each one with the utmost seriousness, whether it is a DUI or a federal crime.
Our team deeply understands the dynamics of the courtroom, including the strategies of district attorneys and judges.
This insight stems from their unique backgrounds, including roles such as training director and press secretary for the district attorney’s office and former prosecutors for Colorado.
Their comprehensive approach and strong litigation track record speak volumes about our capability to defend and support our clients. Attorney Shazam Kianpour, having served as a former public defender, possesses an intimate knowledge of the local courts. This is pivotal in your DUI case.
Choosing experienced attorneys like us can make a significant difference in protecting your rights and achieving a favorable resolution.
Let us put our extensive knowledge and dedication to work for you. We are committed to your defense and available 24/7 to ensure you receive the support and guidance needed throughout this challenging time.
We are experienced DUI attorneys in Denver, Colorado, and we will fight your DUI aggressively. Call our Denver DUI lawyers 24/7 for a free DUI consultation at 303-825-1075 or contact us online. Our office is located blocks from the Denver County Courthouse, so when you need us, we are there for you!
