If you are facing a DUI or DWAI charge, you might feel tempted to jump at a plea bargain, but before you do, it is best to be informed. There is more than one type of plea bargain. The one you are probably familiar with is pleading guilty for a lesser charge. Plea bargains can also entail pleading guilty to a less serious charge, such as pleading guilty to DWAI instead of DUI, in exchange for a lesser sentence. You might plead guilty to one charge in order to have another dismissed, or agree to a sentence that does not involve jail time, high fines or license revocation.
- Can I Plead Down My Colorado DUI Charges?
- Twenty Questions About Colorado DUI Cases
- Should You Accept a DUI Plea Bargain?
- How likely is it for a DUI or DWI to get reduced to a lesser offense, such as reckless driving?
- What to do After a DUI Arrest
- Five Things to Know before Making a Plea Deal
- DUI Defense Attorney
- Denver DUI Attorney
- When Do You Need a Lawyer for a DUI/DWI Charge?
Can I Plead Down My Colorado DUI Charges?
As in most states, a DUI or related charge is an extremely serious criminal charge in Colorado. That means that being convicted of a DUI can have serious consequences that reach beyond the temporary inconvenience of having your license revoked and being required to pay court costs and other fines. While it is not always possible, the first step a DUI lawyer usually takes in handling your case is to look for opportunities where he or she can work with courts to help you avoid conviction.
Often, this process involves what most people refer to as plea bargaining. All criminal defendants have the right to take their case in front of a jury. While this might be a wise approach in some situations, avoiding trial can often save you time and money. Typically, this is where plea bargaining can come into play. As with approaching any criminal case, there is no one way to approach plea bargaining. There are a number of factors that your attorney will consider in order to determine how best to approach the plea bargain process.
Generally, the plea bargain process is most useful when such weaknesses can be found. These weaknesses can be found in a number of places, including in the reliability of evidence the prosecutor wants to use in the case or even in whether or not your rights were violated during the process that led to your DUI or related charges. Your reputation and standing in the community will usually have little impact on whether or not a plea bargain is available, so it is crucial for your attorney to pay close attention to detail in evaluating the case against you.
Thus, the more your attorney knows about the intricacies of DUI defense, the more likely he or she will be to find weaknesses in the case being built against you in order to help you avoid conviction or plea bargain your charges to less severe ones. The more you can show remorse for your actions as well as that you are willing to take productive steps to avoid future DUI or related charges, the more likely your attorney will be able to use weaknesses in the case against you to navigate the plea bargain process.
Ultimately, a decision on whether or not to accept terms offered by the prosecutor will rest in your hands, but it is important to work closely with your attorney to gain a solid and realistic understanding of the strength of your case as you move forward. Working with an experienced Colorado criminal defense attorney is an important first step in making sure you explore all options that might be available to you during the legal process associated with these types of charges.
Sometimes, plea bargaining will not be an option and other times there could be other more effective options available for your defense. Attorney Jay Tiftickjian has written extensively on the legal process associated with a Colorado DUI and can use that experience to work with you. If you are facing DUI or related charges, contact the criminal defense team at Tiftickjian Law Firm to schedule a consultation where you can find out more information about the charges you are facing as well as which options might be available to you in your defense.
Approaches to Plea Bargaining All criminal defendants have the right to take their case in front of a jury.
Twenty Questions About Colorado DUI Cases
Practice Areas: Matt stays current with the frequent changes in DUI and Express Consent law in Colorado through a heavy book of DUI defense work, annual continuing legal education classes and frequent discussions with colleagues. He understands the license issues, jail alternatives, and legal issues that allow for a successful defense to minimize the consequences of the DUI charge. Matt works to find issues — wrongful stops, poor investigations, inadequate chemical tests — that allow him to minimize the prosecution against his clients. A typical first offense DUI charge, which attorneys often talk about as a "1DD," starts two legal processes against you.
Getting arrested for DUI does not mean you will be convicted.
Please use the contact form to send us an email - and receive a response within 12 hours. Michael Steinberg. Colorado DUI Cases are unique — They require a complete understanding of this complex area of Colorado criminal law to raise a defense that will work in the court system. This article explores some common questions and answers about the investigation and prosecution of these cases as viewed from a Colorado criminal defense lawyer. The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:.
Should You Accept a DUI Plea Bargain?
Under the new felony law, the stakes are now much higher if you have three prior lifetime convictions any where in the US. He does not have all the witnesses available to prove his case. He has exculpatory evidence which would prove your innocence. You have a right to a jury trial within six months of pleading not guilty. He has evidentiary problems in proving your blood alcohol level. He s bluffing.
How likely is it for a DUI or DWI to get reduced to a lesser offense, such as reckless driving?
As in most states, a DUI or related charge is an extremely serious criminal charge in Colorado. That means that being convicted of a DUI can have serious consequences that reach beyond the temporary inconvenience of having your license revoked and being required to pay court costs and other fines. While it is not always possible, the first step a DUI lawyer usually takes in handling your case is to look for opportunities where he or she can work with courts to help you avoid conviction. Often, this process involves what most people refer to as plea bargaining. All criminal defendants have the right to take their case in front of a jury. While this might be a wise approach in some situations, avoiding trial can often save you time and money. Typically, this is where plea bargaining can come into play. As with approaching any criminal case, there is no one way to approach plea bargaining. There are a number of factors that your attorney will consider in order to determine how best to approach the plea bargain process. Generally, the plea bargain process is most useful when such weaknesses can be found.
What to do After a DUI Arrest
Contrary to what you may have heard, you have options following a charge of Driving Under the Influence DUI of drugs or alcohol in Colorado. A great legal team can help you plead down the charges or potentially even get them expunged under the right circumstances. A BAC of. For any DUI offense, there is a maximum of one year in jail associated with the charges. There are also fines and license suspensions for first-time offenders, which get more severe with each subsequent offense. For a first, second or third offense in Colorado, a DUI is a misdemeanor.
Five Things to Know before Making a Plea Deal
After being arrested for a DUI , it is likely that you will be approached by a prosecutor to strike a plea deal. This may include pleading to a lesser offense, but avoiding the hassles of trial. While prosecutors will make the plea deals seem enticing and possibly offer lesser sentences, there are things that you should know prior to agreeing to any plea bargain. Schwaner, P. You are not required to accept any plea deals, regardless of how time-sensitive the prosecutor may make it seem. Contact an attorney now at or request more information online. Christian A. November 17, Categories: Remember, all plea deals are compromises. While the prosecution will not let you know this, all plea deals are negotiations.
DUI Defense Attorney
Colorado, along with every other state, considers DUI to be a criminal offense. Defendants in criminal cases have the right to take the case to a jury trial and seek an acquittal. These cases can lead to acquittal once they go to trial, but they also can lead to conviction. If your rights were violated or the evidence is faulty, an experienced criminal attorney can get the charges lessened or even dropped. The right attorney will advise you as to whether or not the evidence can be defeated or if a plea bargain is a better option for you. Uncovering weak or faulty evidence is the best chance you have at getting a plea bargain. In other criminal cases, your record and background could change the outcome and decrease the severity of the charges. DUI cases present challenges for that defense though. Anyone can be charged with a DUI.
Getting DUI charges lessened in court happens frequently with expert legal help soon after an arrest. More drivers today are pulled over and subsequently charged with DUI, DWI for reckless operation due to new laws increasing penalties and revenue for the state.
Denver DUI Attorney
But a drunk or high driving charge does not have to ruin your life. Our job is to get you through the process of dealing with this stressful situation as painlessly as possible. It is simply mandatory that you have a lawyer represent you for this type of charge. You should hire the best lawyer that you can afford, as the better your lawyer is, the better your result will be. In fact, this is such an important point that the courts will appoint a lawyer for you if you cannot afford one, so there is no excuse for trying to deal with this complicated matter by yourself. You just ask the clerk for a public defender on your first court date. It is also important to speak to a lawyer soon after you get your ticket. There is a deadline that is seven days after you are ticketed or arrested for certain actions you must take to preserve your rights. Even if you do not have the immediate funds for a lawyer at this point, please still call us so that we can advise you as to what you need to do to meet this deadline. The formal charges for these types of tickets involve several legal and technical terms: There is a presumption under Colorado law that if your blood or breath test results indicate a level of.
When Do You Need a Lawyer for a DUI/DWI Charge?
Being charged with driving while under the influence is no laughing matter. There are various strategies that good DUI lawyers use in order to get the state to drop all charges. First of all, a good lawyer will find out why a client was stopped in the first place. The police officer that made the arrest must have a valid reason for stopping a driver; without a valid reason, the DUI evidence will be suppressed and all charges will be dropped. A lawyer will also find out more about the officer that made the arrest. If all else fails, then the DUI defense attorney will work out a favorable plea bargain agreement. Such an agreement can enable a person to get his or her driving license back sooner than would have otherwise been possible. It can also reduce or even eliminate the amount of time that a person has to spend in jail. Being arrested for driving while under the influence can be scary.
What is a wet reckless? There is no actual crime in Colorado that is called a wet reckless. This is just a term used to describe a certain type of plea bargain that a prosecutor may offer to a DUI defendant. If the prosecutor decides to offer you a wet reckless plea bargain, you will be asked to plead guilty to reckless driving instead of DUI. A wet reckless plea deal is typically only offered in cases where the defendant is a first-time offender, did not cause any injuries or fatalities, and did not have a very high BAC level at the time of his arrest. What happens if you accept a wet reckless plea bargain? If you decide to accept a wet reckless plea bargain, you will be convicted of reckless driving. This charge will show up on your record just as it would if you were found guilty of it in court—there is no asterisk by the charge that indicates you accepted a plea deal. If you accept this plea deal, you may face penalties such as a brief stint in jail, fines, license revocation, and the mandatory enrollment in an alcohol education course. Points will also be added to your license, which means your monthly insurance rate will go up indefinitely. Can I plead to wet reckless in Colorado? Should you accept a wet reckless plea deal? Every DUI case is unique, so the answer to this question will vary on a case-by-case basis.