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DUI Attorney in Fort Collins

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.

At Rachel A. Michael, LLC, we have 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 proven trial attorney with an excellent record and reputation. We aggressively fight for the best possible outcome while compassionately guiding you through every step of the DUI criminal process in Northern Colorado.

Have you been arrested for a DUI in Colorado? Call us at 970-616-6668 or use our online form to schedule your FREE defense consultation! Evening appointments are available on request.

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Creative Defense to DUI & DWAI Charges in Fort Collins

Our Fort Collins criminal defense firm's 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 arrests. They may have violated your rights or unreasonably pulled you over. We can evaluate these factors and whether they played a role in your case.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

What is the Process After Being Arrested for a DUI?

DUI/DWAI offenses have both criminal consequences (jail, probation, classes etc.) and consequences against your Driver’s License. If you were deemed a Refusal or if you submitted to a Breath or Blood test with a result of .08 or higher, you should have received a Notice of Revocation from the law enforcement officer or, if you submitted to a blood draw, via U.S. Mail to the address on file with the Department of Revenue. If the address you provided to law enforcement has changed, be sure to update your address with the Department of Revenue immediately.

You must request an Express Consent Hearing within the time frame set forth on the Notice to extend your driving privileges for up to an additional sixty (60) days. Be sure to request that the officer be PRESENT at your hearing for if he or she fails to appear that will be a basis to have the administrative action dismissed (the officer’s failure to appear at the hearing will have little to no impact on the criminal case). If you have missed the window to request a hearing check the status of your driver’s license. You may request license status information from the Department of Revenue through their online portal. Do not drive until you know the status of your driver’s license.

At the Express Consent Hearing, the Department of Revenue will determine if you were in actual physical control of a vehicle, in Colorado, with a blood or breath alcohol content over a .08 or were provided with testing options and you were deemed a Refusal. If the Department of Revenue finds, by a preponderance of the evidence, that on the date charged you were in actual physical control of a vehicle in Colorado and you submitted to a blood or breath test with a result of .08 or higher or if you were deemed a refusal, your license will be revoked, however, you will be eligible to reinstate your license so long as you are 21 or over and a Colorado resident. For every case there is a “no drive” period between thirty (30) to sixty (60) days with the ability to reinstate with the interlock thereafter so long as certain conditions have been met.

Next Steps After a DUI Arrest

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. 1) 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 meet with you prior to your court date, we will advise you as to what to expect when you schedule your free initial consultation
  2. 2) 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.
  3. 3) Enroll in Alcohol or Drug Education and/or Therapy through a State Certified Treatment Provider.
  4. 4) Enroll in a Victim Impact Panel through Mothers Against Drunk Driving.
  5. 5) 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.

Colorado law sets forth specific sentences for DUI and DWAI cases. While each case is different, most offers extended by the State will include a probationary period and some cases will require jail. Each case is different and it’s important to hire an attorney to ensure that your rights are protected and that you are properly advised every step of the way.

Contact Rachel A. Michael Today

Fort Collins DUI Resources

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.

Click one of the following links as they become relevant to your situation and/or desired answers:

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Call (970) 616-6668 or email us today to schedule a time to talk with our Fort Collins attorneys about your options.
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