Colorado law allows the police to test your blood alcohol content ("BAC"). If the police officer is able to prove he reasonably believed you drove under the influence of alcohol or drugs then you have to choose to take either a blood or breath test. If you refuse to take either test, your license can be taken away for a year by the DMV.
Once you choose the test, it must be done correctly. If the police officer makes a mistake, and we prove it to the judge, the test results may not be used against you. Some mistakes can even result in the test results being suppressed and therefore inadmissible as evidence against you. If the test's result is allowed, the jury is allowed to make the following presumptions:
A jury may presume you were driving while ability impaired or DWAI if your test shows a BAC of more than 0.05 and less than 0.08.
A jury may presume you were driving under the influence or DUI if your test shows a BAC of more than 0.08.
You face additional penalties and jail time as your BAC rises.
If you have a CDL, a jury may presume you guilty of DUI if you BAC is at or above 0.04.
You can be jailed for your first offense and you face almost certain jail if you have prior DUI or DWAI convictions. At LunaLaw, LLC, your possible penalties will not only be explained to you, but you will get an evaluation of the abilities of the prosecutor handling your case by an attorney, Brandon Luna, who has mentored and trained prosecutors. With this information, you will know if you are likely to serve a jail sentence and how long of a sentence you will face.
At trial, the state will call the officer who stopped your car to testify against you. The state will ask the officer questions about how you were driving before they stopped you. The officer will also testify about whether you looked drunk, acted high and he smelled alcohol or drugs on your breath. If during the stop the officer had you perform any standard field sobriety tests ("SFST"), they will be asked their assessment of how well you were able to complete the tests. Finally, if you took a breath test, the officer will be asked about the results of the test.
As a district attorney, Brandon Luna regularly trained and advised officers in the proper way to investigate DUI cases. A single mistake by an officer can lead to the breath test being suppressed. This means the state will not be able to use the test against you at trial. As your defense attorney, he offers you the benefit of his experience. He will carefully analyze the details of your case and tell you whether there were any errors in the investigation and how the errors help your case. If there were no errors in the investigation, he will let you know so that you do not waste time and money fighting a losing battle by taking the case to trial. Instead, we will focus on getting the best plea agreement possible.
If you chose a blood test, the state will call an expert in toxicology to testify against you. These experts also must follow strict rules and the test may not be used against you if certain mistakes are made. With his extensive experience working with state toxicologists, LunaLaw, LLC, will be able to identify any mistakes and tell you how those mistakes affect our ability to defend your case at trial. As with police officers, if we cannot identify any mistakes, we will spend our time working out the best plea agreement we can get.
You may feel that the exact penalties you face are already determined by law. This is not the case. Fees, the length of court-appointed service, or counseling, even the amount of time your license will be revoked are all open to negotiation when creating a plea agreement. LunaLaw, LLC, can help you settle your case with an agreement that falls within the guidelines of the law while allowing the courts to make compassionate allowances for your particular circumstances.
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