DUI & DWI

Denver’s Leading DUI Lawyer

When charged with Driving Under the Influence of Alcohol or Drugs, your options seem limited, at best. Jarrett Benson Law provides top quality representation to diminish the distress of all accused parties involved, and ensure that you are prepared to defend your rights immediately following any DUI related incidents.   The first thing you should do upon receiving a DUI charge is to hire representation. Some DUI charges require action to be taken within 7 days of charges being filed. Trying to handle your own case can become confusing and repetitive. Allowing Benson Law to take on your case will make way for a less stressful process for both the accused and any family involved.

 

First, Identify a DUI case

A DUI case is when a motorist is charged for operating a vehicle with a BAC of 0.08 or higher. DUI charges can also be filed against anyone who is suspected of operating a vehicle under the influence of drugs (over-the-counter, prescription, and/or illegal) which has shown to impair their cognitive abilities to properly drive. If you believe you are involved in a DWI case, contact us today.

 

Next, identify what kind of DUI case you are involved in:

Administrative case or Criminal case

An administrative case, also known as an ‘express consent action’, is handled by the Colorado Division of Motor Vehicles. This type of case requires immediate action pertaining to the accused drivers’ license. If you are dealing with an administrative case, do not hesitate to take action. View our contact below for exceptional representation for your case. Criminal cases generally take longer to process than administrative cases and can result in more serious consequences. Have the best representation for your case, call (720) 900-1DUI for your free evaluation.

Penalties

Case penalties will depend on many factors. Below is a general outline of possible penalties.

First Offense

  • Up to 1 year in jail
  • Up to $1,000 in fines
  • Up to a 9 month driver license suspension

Second Offense

  • Up to 1 year in jail
  • Up to $1,500 in fines
  • Up to a 1 year driver license suspension

Third Offense

  • Up to 1 year in jail
  • Up to $1,500 in fines
  • Up to a 2 year driver license suspension.

Fourth Offense (sometimes classified as a Class 4 felony)

  • Up to 6 years in prison
  • Up to $500,000 in fines

Will You Lose Your Driver’s License?

Whether your license is suspended or not may rely on a few factors. Benson Law will be able to better determine your standing once we know more about your case. In general, these are the guidelines on whether a license will be suspended or not:

  • Refusing to take a BAC test is a direct violation of the Implied Consent law. If the driver refuses to receive a test upon the time of violation, a driver’s license suspension will be put in place.
    • The length of suspension is often up to 1 year, however the types of charges and number of charges received will ultimately determine the length of suspension.
  • If a BAC test was willingly taken at the time of violation, the driver has 7 days to request a hearing at the DMV to defend his/her privilege to drive. This will take place the DMV overseen by a DMV official.
    • If the hearing is not requested within 7 days, the driver is susceptible to a driver’s license suspension.

Will You Receive Points on Your License?

DUI charges will result in 12 points being added to a driving record. This is enough to suspend a driver’s license. However, the DMV hearing is an option to prevent the suspension from taking place, as explained above.

For first offenders under the age of 21, 4 points are added to his/her driving record.

Common DUI Mistakes

DUI cases need to be handled proactively. However, in attempt to hastily get through the charges, do not make the mistakes so many DUI offenders make. People can get so overwhelmed by the DUI itself that they overlook important steps that lead up to their court or administrative case date. In the days and weeks after receiving a DUI charge, avoid making the same mistakes so many do, such as the following:

Sharing on Social Media — Even if you feel as though you have nothing to hide, a prosecutor can and will use any information you provide against you. People will often turn to social media to share their side of the story and how they are feeling about the incident. It is risky to put anything related to your DUI case, or any type of case for that matter, online.

Not Taking a Blood, Breath or Urine Test — By refusing to take a test, you are putting yourself at risk for multiple consequences. On one hand, the decision will be used against you in court. It also qualifies you for an immediate driver’s license suspension.

Not filing for the DMV Administrative Case — After you are charged with a DUI, you have to go to the DMV to discuss your driving privileges. You have within 7 days of receiving your DUI charge to request an administrative case. If your request exceeds the 7 day limit, you may lose your right to defend your driving privileges. By skipping out on an administrative case, you are likely to receive automatic suspension of driving privileges.

Skipping your Court Hearing — It is vital that you attend your DUI court date. Missing it will not only cause more legal stress, but could potentially damage your case. Skipping out on a court date could result in higher bail fees, increased jail time, a bench warrant, another arrest and more.

Pleading Guilty — High-stress charges such as a DUI may make people react without thinking. Pleading guilty will not make your case easier, or quicker. Contact an attorney as soon as you receive your charge. Jarrett Benson will help provide the best possible outcome for you and your family, and will ensure that your rights are protected.

Even if you have made any of the above mistakes, seek an attorney’s help with moving forward with your DUI. For the best possible outcome, contact Jarrett Benson today.

Why Hire a DUI Attorney?

DUI cases make families and accused feel hopeless. Whether it be your first or additional DUI case, hiring a DUI attorney can make or break the outcome of your situation. Below are a few key steps and tips to be aware of:

  1. Be in communication early
    The sooner we learn about your case, the sooner we can advise on how to proceed. It is crucial to be knowledgeable about your standing. Benson Law will explain every detail about the process of a DUI charge, ensuring you are included each step of the way. Benson Law will help ease the anxiety of going to trial, as well as creating the strongest case possible for your situation.
  2. Have strong representation
    Whether going to court or to a DMV hearing, you want to have a strong defensive case. Benson Law will be a crucial part of understanding your case as well as how to approach all charges. Benson Law will help assess your case and how to discredit any allegations against you and your family.
  3. Claim your rights
    Understanding the charges being filed against you, as well as knowing your rights, can easily become a tricky scenario. Hiring a DUI attorney will ensure that your rights and best interest are of top priority throughout the duration of the case. Benson Law will help avoid any pitfalls throughout your DUI case, seeking the most favorable outcome in every situation.

Contact Us Today

If you have been arrested for or charged with a DUI in Colorado, contact the Law Office of Jarrett Benson for top quality representation. To best learn about your defense options and receive additional advice, contact us immediately following any charges received.