Kevin Churchill and Josh Landy provide exceptional DUI defense representation in all Denver metro area counties, including all misdemeanor and felony cases related to Driving Under the Influence. Our law firm accepts DUI cases within Colorado State only, and most commonly provides defense representation in Castle Rock, Denver, Golden, Littleton, Boulder, Aurora, Brighton, Broomfield, Greeley, Fort Collins, Colorado Springs, Georgetown, Breckenridge, Vail and other courts.
A veteran of hundreds of DUI defense cases in the State of Colorado, Kevin Churchill will carefully examine the evidence of each case to give you the best possible chance of avoiding a conviction for DUI or DWAI. (These charges may be called OWI or DWI in other states.) Analyzing the scientific accuracy of your blood or breath test, the legality of your traffic stop, whether your field sobriety tests were given to you properly, and whether all of your rights were explained to you – are all part of the defense of every DUI case. Mr. Churchill is a member of the Colorado Criminal Defense Bar, and has appeared as a legal analyst on Court TV’s national broadcast.
Many Colorado lawyers mistakenly assume that DUI cases are straight forward, and that, unless there is an obvious problem with the evidence, they should recommend that their client plead guilty. The fact is that DUI cases are quite complex, and involve many layers of analysis, including complicated science. Kevin Churchill and Josh Landy have the background and experience to protect you from a conviction when the evidence against you can be defeated. Their experience in the courtroom will also help you to minimize the penalties that you may face.
Hiring an attorney who specializes in DUI defense can be an enormous benefit to your case. Although Driving Under the Influence is a criminal charge, there are a variety of components of DUI cases that make them unique to most typical criminal cases. A DUI attorney needs to be an expert on the most current DUI laws (both related to criminal charges and DMV proceedings). They also need to understand the technical details of Blood Alcohol Tests and their results, and the standardized procedures for Field Sobriety Tests (i.e., walking a line, visual tracking, etc.) DUI attorneys must be experts in constitutional and evidentiary law, to be able to evaluate if there was reasonable suspicion to stop your vehicle, to identify whether the police failed to follow proper procedures after pulling you over, and to know if there was probable cause to arrest you. These are all places where an attorney who focuses on DUI cases can best identify potential issues in the prosecution’s case against you. Furthermore, the judges who preside over DUI cases are often consistent in a court district, so an attorney who specializes in DUI cases will be most familiar with those judges, as well as with the district attorneys who will negotiate with your defense attorney. All of these factors contribute to the reasons why a DUI specialist can help you to get the best outcome possible in your case.
Defendants often believe that there is no way to defeat a DUI case, so they think they should automatically plead guilty. However, every case is unique, and a skilled DUI lawyer will be able to identify potential issues in the case against you. In some situations, your’ attorney may find reasons to have the case dismissed outright. In other cases, they can use the issues with your case to negotiate with the district attorney for less severe charges or penalties against you. Or, if you choose to take your case to trial, your attorney can clearly present the evidence to the jury so that they may find reasonable doubt in the case against you, and find you not guilty.
Frequent defenses in a DUI case are based upon contesting the legality of the traffic stop, questioning the reliability of the evidence, or challenging the field sobriety tests or the chemical blood or breath tests. For example, if there was not sufficient reasonable suspicion for the officer to pull your vehicle over in the first place, then any evidence obtained after you were pulled over could be suppressed and may not be used against you. Alternatively, if the correct standardized procedures are not followed for the field sobriety tests, or if breathalyzer test had not been correctly maintained and calibrated, those test results might be thrown out. Furthermore, there could be medical issues that affect your test results. Any of these factors could be used to persuade the prosecutors that there is reasonable doubt in the case against you, which might lead to a more favorable plea deal or even dismissal of the charges.
A DUI conviction can have life changing consequences. The sentences for DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) can be severe in the State of Colorado. Even a first offense could result in a 9-month revocation of your privilege to drive. If your blood alcohol content (BAC) is high enough, you may face a mandatory jail sentence, even on a first offense. Second or later offenses also carry mandatory jail sentences. For more information about possible sentences, please visit our DUI Penalties page. The penalties may be different depending on which county you appear in. For example, if you must go to court in Golden, Colorado, your punishment will likely be more severe than it would be in Denver. Kevin Churchill has appeared in front of all Denver metro area judges, and will be able to advise you of the likely penalties before you go to court. The most common penalties for DUI in Colorado are jail time, in-home detention, fines, community service, and mandated alcohol or drug treatment.
Most DUI charges in Colorado are misdemeanors. However, in certain cases you can be charged with a felony in your DUI case. This would happen for two primary reasons. First, if you have been convicted of three previous DUIs at any time in your life, the fourth offense is automatically charged as a class 4 felony DUI charge. It doesn’t matter if the previous charges were in Colorado or another state, DWAI or DWI, or if the cases involved low or high BACs. Any DUI-related charge counts as a previous DUI. Second, if the DUI caused injury or death to someone, this would also result in felony charges.
If you are charged with a DUI and someone is injured in an accident related to your case, whether you caused the accident or not, you could be charged with felony vehicular assault. If someone died in the accident, you could be charged with felony vehicular manslaughter. If you are arrested for DUI and there was a child under the age of 16 in your vehicle, you would face charges of misdemeanor child abuse, and this could result in serving up to a year in jail. If the child is injured or killed in the incident, these would be felony child abuse charges with more severe penalties.
Defending Colorado DUI Charges
In addition to consequences in the criminal courts in Colorado, you will also face “administrative” penalties from the Department of Motor Vehicles (DMV) for DUI charges. If you are arrested and you take the Intoxilyzer breath test at the police station, or if you refused a chemical test, you have 7 days after your arrest to request a DMV hearing regarding the revocation of your license. If you had your blood drawn to test for alcohol or drugs, you will have 7 days after your blood results come back (which often takes months) to request the hearing. The hearing primarily determines whether you will have your driver’s license revoked. You should always request to have this hearing, and you should choose to request that the arresting officer be present at your hearing. If the officer is present, it gives your attorney an opportunity to question the officer and learn more about the evidence in the criminal case against you. If the officer fails to appear, then you will typically win the DMV hearing and not have your license revoked at that time.
In your DMV hearing, the hearing officer will review the evidence against you. If you took a blood or breath test and the hearing officer finds that you were impaired by alcohol or drugs while driving, your driver’s license will likely be revoked for nine months on a first offense. With Colorado’s “expressed consent” laws, drivers automatically agree to be tested for alcohol or drugs in their system. So if you refused to take an evidentiary blood or breath test at the time of your arrest, you will have your driver’s license revoked for one year. If you do have your Colorado driver’s license revoked, in most cases you can quickly apply for license reinstatement by following certain guidelines. For early reinstatement, you must install an ignition interlock device on your vehicle, participate in alcohol education or treatment classes, get special SR-22 auto insurance, and pay a reinstatement fee. If your BAC was over 0.15, you must maintain the ignition interlock system in your vehicle for two years. The penalties imposed by the DMV are independent from the penalties you will face through the court system.
The consequences of a conviction for drunk driving extend beyond the courtroom. For those with a professional driver’s license, a DUI conviction can cause you to lose your employment, in some cases permanently. A conviction can have an effect on any area of employment, even those that do not involve driving. It may prevent you from obtaining a professional license, or even prevent you from being admitted to a college or university. There are also significant financial consequences, including fines, restitution, the costs of court ordered alcohol treatment, and increased car insurance premiums.
In Colorado, it is estimated that a DUI conviction will cost you over $12,000. This includes court fees, higher insurance rates, alcohol treatment and classes, ignition interlock device costs, reinstatement fees, and attorney fees. In addition, you may lose work hours or even lose your job completely, and it may be more difficult to find a new job with a DUI conviction on your record. If your license is revoked, you may also have to pay for transportation to get to and from your job and other places you need to be. In this context, paying for a private attorney who will best fight for your rights in your case, and help you to reduce the penalties you face.
Kevin Churchill provides aggressive defense to all DUI charges in Denver metro area from Fort Collins to Colorado Springs. He is dedicated to protecting those accused of drunk driving in Colorado from unnecessary convictions and criminal penalties. Our clients do not plead guilty when a better outcome can be obtained. DUI and DWAI convictions can have life-changing consequences beyond the criminal court penalties involved. Those charged with DUI in Denver are typically everyday people such as commercial truck drivers or anyone else that must drive in order to make a living and support their family.
As you can see, it is important not to take a DUI conviction if it can be avoided. Once a conviction enters against you, it will be there forever, and can never be sealed (or “expunged”). Please call our office for a free consultation and case quote. We will answer any questions that you may have about your case, the law in Colorado, the procedure you will face in court, how to request a DMV hearing – and any other questions you may have.
What should I do if I’m pulled over for a DUI?
If you are pulled over by the police for a suspected DUI, be compliant, but remain silent! Provide the officer with your license and registration if asked, and answer questions with head nods or shakes. However, you should not speak or verbally answer questions that the officer asks. You have the right to remain silent, and you should use that right. You may think that you’ll appear cooperative by telling the officer that you had just a small amount to drink, but this actually can be used against you in your case, as evidence of your impairment. The officer may also interpret your speech mannerisms as evidence of impairment in their report, even if it actually has nothing to do with alcohol or drugs. Finally, don’t be combative or rude! It can be frustrating, even infuriating, to be pulled over and accused of DUI, but don’t let that affect your behavior. Be polite and cooperative. Arguing or acting angry can be used as evidence of your impairment and it does not look good to prosecutors or a potential jury.
Should I take a breathalyzer test if I’m pulled over for a DUI?
This is not a simple answer! If you are pulled over for a traffic stop and the officer asks you to take a hand-held breathalyzer test right there, you should usually not do this test. This initial breath test is not required by law, and you can’t be penalized for not taking it. Furthermore, these hand-held breath tests can be unreliable, so they are not admissible in court, but they can be used as evidence of probable cause of impairment to arrest you.
Once you are arrested, the rules change. If the officer decides to place you under arrest for a suspected DUI, then expressed consent rules take effect. You do have to take an evidentiary BAC test at this point, or you will automatically lose your driver’s license, and the refusal can be used against you as evidence of impairment in court. The law states that the officer must give you the option of taking either a table-top breath test at the police station or have your blood drawn by a qualified EMT at the police station or at a hospital. The exception to this is that if the officer suspects that you are impaired by a substance other than alcohol, they can require that you take a blood test. Breath tests only measure alcohol, but blood tests measure a whole panel of commonly used substances including alcohol, marijuana, and opiates. If you use marijuana or may have any other drug in your system, always choose a breath test.
Should I do the field sobriety tests at the site of my traffic stop?
When you are pulled over in your vehicle and the officer suspects that you may be impaired, they may ask you to perform a series of motor tasks on site called a Field Sobriety Tests. The tasks include the Horizontal Gaze Nystagmus (HGN) where you follow a moving object with your eyes, the Walk-and-Turn (WAT) test where you walk along a line and then turn on that line, and the One-Leg Stand (OLS) test where you stand on one leg for 30 seconds. These tests have been validated to show evidence of impairment, and the results can be used against you in court. However, there are many potential issues with the tests, which is why you are not required by law to do them if you are pulled over for a suspected DUI. In fact, you can make errors on the FST tasks for many reasons, including fatigue or other medical issues, but the mistakes may be used as evidence of alcohol or drug impairment. Therefore, it is often recommended that you choose not to do these Field Sobriety Tests.
I have paperwork for an initial court appearance after a DUI arrest. My handheld breath test results were over .08. Should I represent myself and just plead guilty?
DUI cases are much more complicated than they appear! A skilled DUI attorney will evaluate all of the evidence in your case to see if there are potential weaknesses in the case against you. Someone without expertise in this area of law may not recognize the important details that could lead to reasonable doubt, or the suppression of evidence, in your case. This reasonable doubt may lead to reduced charges or penalties, or even the dismissal of your case. So, if you were arrested for a DUI, DWAI, or DUID in Colorado, you should contact an expert DUI attorney right away.
If you have been arrested for DUI in Castle Rock or surrounding areas, please give our office a call today for a free initial consultation. Attorneys Kevin Churchill and Josh Landy have been representing clients in DUI cases in Colorado for over 40 years combined. They will fight for your rights and help to get you the best possible result in your case.
