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Driving Under the Influence in Denver: DUI Lawyer Charged with DUI

Posted by Terry O'Malley | Dec 18, 2015 | 0 Comments

Ithink the news story I read the other day should win an award for having the most ironic twist. According to the story, a lawyer who worked with DUI defendants was arrested for speeding and driving under the influence. He was the author of “The Drinker's Guide to Driving: The Secrets of DUI from One of America's Top DUI Lawyers”. The 59-year-old lawyer was driving 15 miles over the speed limit and weaving when he was pulled over. Although he admitted he had been drinking, he refused to take the field sobriety tests.  After he was arrested and while in custody, he agreed to blood alcohol tests. When his blood alcohol content was measured, it was above the legal limit at .12. The lawyer claimed that his experience getting charged with a DUI and Speeding has made it easier for him to sympathize with his clients who have also been charged with a DUI (Driving Under the Influence).

Have you gotten a DUI in Colorado?

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Getting a DUI (Driving Under the Influence) in Arapahoe County

In Arapahoe and Jefferson County, a person will be charged with Driving Under the Influence, C.R.S. 42-4-1301, if he is caught driving under the influence of alcohol or one or more drugs, or a combination of alcohol and one or more drugs. Because the lawyer admitted he had been drinking when he was pulled over, and because his blood alcohol content was above the legal limit, he was charged with driving a motor vehicle under the influence of alcohol. According to the new DUI law, after three or more prior convictions of DUI, DUI per se, DWAI, vehicular homicide, vehicular assault or any combination of these crimes will lead to a class 4 felony charge in Colorado.

Excessive Blood Alcohol Content in Denver

In Denver and Aurora, a person commits DUI per se if they drive a motor vehicle or vehicle when their blood alcohol content (BAC) is 0.08 or more at the time of driving or within two hours after driving. Since the lawyer's blood alcohol content was .12, in Colorado it would be considered over the legal limit.

When Do I Have to Consent to the Express Consent Test?

It's always in your best interest to agree to a blood or breath test

You might not know this, but the moment you received your Colorado driver's license, you also gave your “express consent” to submit to a blood or breath test if suspected of driving under the influence (DUI) or driving while ability impaired (DWAI). According to C.R.S. 42-4-1301.1(2)(a)(I), a person driving a motor vehicle in Colorado will be required to take and complete, and cooperate in the taking and completing of, any test or tests of his / her breath or blood to determine the alcoholic content of his / her blood or breath when suspected of a DUI, DUI per se, DWAI, or UDD. It's always best to agree to a blood or breath test, as refusing will cause you to lose your driver's license for one year.

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Speeding in Douglas County

According to C.R.S. 42-4-1101, in Douglas and Adams County, Speeding is charged when a person drives a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. Because the lawyer was allegedly going 15 miles above the legal speed limit, he was considered to have been speeding.  If the lawyer had been going 15 miles per hour above the legal speed limit in Colorado, he could risk getting 4 points taken off of his driver's license.

Why You Need the Best DUI Defense Lawyers in Denver

Getting arrested or charged with a DUI or DWAI, or getting a ticket for Speeding in Denver and Park County is never easy.  That's why you should always involve the best DUI and Speeding criminal defense lawyers in Denver to develop your defense. We work hard to protect your driver's license and your future. If you've been charged with a DUI or DWAI, we will talk with witnesses, present strengths of your case to the DA and judge, review results of any tests you submitted, and much more. We will work hard to present your best possible defense before the judge and jury.

Get Help Now

If you or a loved one has been accused or charged with a DUI or DWAI in Arapahoe County, El Paso County or Douglas County, be smart, always exercise your right to remain silent, and contact the best Denver DUI / DWAI criminal defense attorneys at the O'Malley Law Office. Call us today for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – stevepb, FreeDigitalPhotos.net – Naypong

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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