Navigating the Process

DUI

Criminal & Collateral Consequences

Fort Collins Dui Lawyer

Experienced Defense Against DUI Charges in Larimer County, CO

When you've been arrested for driving under the influence, it can be a terrifying experience. You may be worried about whether you will end up in jail, what will happen to your driver's license, and if you will be left with a criminal record. It can be a stressful time, and we know that you need answers and reliable legal guidance.

Our experienced Fort Collins DUI attorney has extensive experience and deep insight into how drunk driving charges are investigated and prosecuted in Larimer County, CO. Our skilled team will fight for justice.

Have you been arrested for a DUI? Call Rachel A. Michael, LLC at (970) 616-6668 or contact us online to schedule a free consultation with a DUI attorney in Fort Collins, CO, today!

Why Hire Rachel A. Michael, LLC

At Rachel A. Michael, LLC, our Fort Collins DUI lawyer has extensive experience and deep insight into how drunk driving charges are investigated and prosecuted in Larimer County, CO. Firm founder Rachel A. Michael is a former prosecutor and public defender with an excellent record and reputation as a proven trial attorney. We aggressively fight for the best possible outcome while compassionately guiding you through every step of the DUI criminal process in Northern Colorado.

Colorado DUI Laws

BACs between .051 and .08 are inferred to indicate alcohol impairment according to Colorado Statutes. When a driver's BAC is .05 or less, there is a presumption that the driver is not impaired by alcohol. It is permissible to infer alcohol impairment if the driver's BAC is .08 or higher. People often mistakenly believe that the "legal limit" is .08, when in fact, it is .051.

How BAC Limits Differ From Person to Person

The blood alcohol concentration limit (BAC) for adults 21 and older in Colorado is 0.08% for DUI and 0.05% for DWAI. Every person's body processes alcohol differently depending on their size and genetics, which means it may take more or fewer drinks before your BAC reaches the legal limit.

Someone who weighs 180lbs may be able to consume eight beers before reaching the legal limit, but someone who weighs 120lbs may only be able to consume two beers before their BAC reaches .08%. Because the blood-alcohol absorption rate changes from person to person, many people who “feel fine” enough to drive are actually over the legal limit and can be charged with a DUI after only a couple of drinks.

Can a DUI be dismissed in Colorado?

DUI charges for a 1st offense in Colorado can be dismissed if any of your rights are violated. Your first offense Colorado DUI case could be acquitted even if the officer failed to fill out a form properly in some cases.

Understanding the DUI Process: What to Expect

Navigating the legal system after a DUI charge can be overwhelming. At Rachel A. Michael, LLC, we believe that knowledge is power. Understanding the DUI process can help alleviate some of the anxiety you may be feeling. Here’s a breakdown of what you can expect:

Initial Arrest: After being pulled over, you may undergo field sobriety tests and a breathalyzer test. If arrested, you will receive a citation detailing your charges.
Arraignment: This is your first court appearance where you will enter a plea. It’s crucial to have an experienced attorney by your side to guide you through this step.
Pre-Trial Motions: Your attorney may file motions to suppress evidence or challenge the legality of your traffic stop, which can impact the outcome of your case.
Trial: If your case goes to trial, both sides will present their evidence, and a judge or jury will determine your guilt or innocence.
Sentencing: If found guilty, you will face sentencing, which could include fines, community service, or even jail time. An attorney can advocate for leniency during this phase.

Each DUI case is unique, and having an experienced lawyer can make a significant difference in navigating the complexities of your situation. We are here to support you every step of the way, ensuring you understand your rights and options.

What Should You Do if Your Child Is Charged with an Underage DUI in Colorado?

As a parent, worrying about your child becomes second nature, and this can be especially true while they are out on the road. No one wants to learn that their child has been arrested for driving while under the influence (DUI), but if it occurs, it is important to have a plan of action in place.

Steps to take if your child is accused of an Underage DUI:

Stay calm: This step applies to both you and your child. A run-in with the law can be nerve-wracking, and chances are your child will be stressed, scared, or nervous when you first speak. By formulating a plan and remaining calm, you and your child can work to reduce mistakes such as saying more than is needed to the police.
Don’t talk about the details over the phone: Anything your child says can be used against them. If they are calling you from a police station, you cannot be sure what information is being overheard, and you should avoid discussing the accident until your privacy is assured. This is another reason why it is important to remain calm.
Inform your child to remain silent: The police can be intimidating, especially if you are unaware of your rights. While law enforcement officers will need identifying and insurance information, your child should not share anything extra. For example, if the police ask if they were drinking, they can exercise their Fifth Amendment right to remain silent.
Understand the charges: The charges for underage DUI differ from those aimed at of-age drivers. For example, the legal limit for an underage driver’s blood alcohol content is .02% whereas it is .05% for drivers 21 or older. The penalties can also differ greatly and when fighting DUI charges, it is important to understand the hurdles which lie ahead. Drunk driving charges can be complex and an experienced DUI attorney can help you to navigate the legal world. With any questions, contact our experienced DUI lawyer in Fort Collins.

What to do if You Are Charged with a DUI or DWAI in COLORADO

After you have requested a Department of Revenue Hearing or if you are waiting on blood results, it is important to use your time wisely. Rachel A. Michael, LLC encourages all individuals, regardless of your feelings towards the charges, to undertake the following action:

1) Request a Department of Revenue Hearing within the time frame as set forth on the Notice of Revocation and request the Officer be present. You can request a hearing at any Colorado Department of Motor Vehicles location. If you have missed the window to request a hearing check the status of your driver’s license. Do not drive until you know the status of your driver’s license.
2) Contact Rachel A. Michael, LLC to schedule a free initial consultation to determine a road map moving forward. We will make every effort to schedule you prior to your next court date. If we cannot get you in prior to your court date, we will advise you as to what to expect when you schedule your free initial consultation with Rachel A. Michael, LLC.
3) If you are subject to bond, comply with all terms and conditions of your bond requirements including but not limited to monitored sobriety, in person or telephonic check ins with your pre-trial case worker and continued law-abiding behavior.
4) Enroll in Alcohol or Drug Education and/or Therapy through a State Certified Treatment Provider.
5) Enroll in a Victim Impact Panel through Mothers Against Drunk Driving.
6) Research Colorado approved Interlock Providers to determine costs associated with Interlock Installation.

Rachel A. Michael, LLC encourages in-patient treatment programs if you believe you have an addiction to drugs or alcohol that would be best served through a higher level of treatment. We will work closely with the Courts and Pre-Trial Supervision to ensure your treatment comes first.

You will receive CREDIT for any terms and conditions completed prior to being sentenced however you will not receive credit for the time you are on pre-trial supervision prior to your case being resolved.

Defenses Against DUI Charges in Colorado

Defending against DUI charges in Colorado requires a thorough understanding of state laws and the specific circumstances of the case. An experienced Fort Collins DUI defense attorney can employ several strategies to challenge the prosecution’s evidence and protect your rights. Common defenses include:

Challenging the Traffic Stop: The police must have a valid reason to stop a driver, such as a traffic violation or reasonable suspicion of impaired driving. If the stop was unjustified, any evidence gathered may be inadmissible.
Questioning Field Sobriety Tests: Standardized field sobriety tests, such as the walk-and-turn or one-leg stand, can be unreliable. Physical conditions, poor road conditions, or improper administration by officers can lead to inaccurate results.
Contesting Breathalyzer Accuracy: The accuracy of breathalyzers is determined by how well they are calibrated and maintained. If the device was malfunctioning or the test was administered incorrectly, the results may be invalid.
Rising Blood Alcohol Levels: Blood alcohol concentration (BAC) can rise over time, meaning the driver’s BAC may have been below the legal limit at the time they were driving but increased by the time of testing.
Medical Conditions or Medications: Certain medical conditions, such as diabetes or acid reflux, and some medications can cause false positives on breathalyzer tests.
Lack of Evidence: If the prosecution cannot provide sufficient evidence to prove impairment beyond a reasonable doubt, the charges may be reduced or dismissed.

For a strong DUI defense, an experienced attorney examines all aspects, including police reports, video evidence, and testing procedures. By challenging weaknesses in the prosecution’s case, our attorney can work to minimize penalties or even achieve an acquittal.

Defending Against DUI Charges in Fort Collins

Our Fort Collins DUI attorneys' unique understanding of DUI defense allows us to develop creative, effective strategies for each client. We understand the inaccuracies of DUI testing and can challenge the results from field sobriety tests, breathalyzers, blood tests, and more.

Law enforcement officials are also known to be overzealous when pulling over drivers and making DUI arrests in Fort Collins. They may have violated your rights or unreasonably pulled you over. Our DUI lawyers in Fort Collins can evaluate these factors and whether they played a role in your case.

Understanding the Consequences of a DUI

Being charged with a DUI can have serious consequences that extend beyond legal penalties. It can impact your job, your reputation, and your future opportunities. At Rachel A. Michael, LLC, we understand the gravity of a DUI charge and are here to provide you with the aggressive defense you need to protect your rights.

Some potential consequences of a DUI conviction include:

Driver's license suspension
Heavy fines and court costs
Possible jail time
Increased insurance premiums
Difficulty finding employment
Negative impact on your personal and professional reputation

Don't face these consequences alone. Our Fort Collins DUI attorney has the experience and knowledge to help you navigate the legal system and fight for the best possible outcome in your case. Contact us today for a consultation.

Contact Our Fort Collins DUI Attorney Today

Learn more about your legal options after a drunk driving arrest. Our Fort Collins DUI defense lawyers can review your case and provide you with an honest assessment of your options. Learn more in our DUI Resource Center.

Contact Rachel A. Michael, LLC by calling (970) 616-6668 today to get started with our Fort Collins DUI lawyer.