Four Myths About Being Charged with a DUI in Colorado
Driving under the influence (DUI) is a severe criminal offense in the state of Colorado. Because DUIs happen so frequently, many myths surrounding DUI charges might surprise you.
When you’ve been arrested on a suspected DUI, Colorado criminal defense attorney Mitch Geller can help you clear your name of the charges against you. These four myths about being charged with a DUI could considerably impact the outcome of your case.
Myth #1: DUIs Come Off Your Record Quickly
There is a myth floating around Colorado that when you are convicted of a DUI, it will come off of your record quickly. Many people think you don't even have to take any legal action. They believe the DUI will vanish from their criminal record after they complete their sentence.
Not only will DUIs not come off of your record quickly in Colorado, but in most cases, they never will. DUI convictions are not eligible for expungement in the state of Colorado. If you were charged but ultimately not found guilty, there is a slight chance for expungement, but you will have to wait a minimum of ten years before you can petition the court.
Myth #2: Driving High Isn’t Illegal
Colorado was among the first states to legalize marijuana for recreational use. While you don’t have to worry about getting arrested for cannabis consumption in your own home, if you believed that you can’t be charged with a DUI for driving high, this could lead to an arrest on the road. The current THC limit is 5 mg/100ml of blood of the active metabolite in THC (Delta-9). Driving while under the influence of marijuana is just as serious as a DUI and carries the same penalties.
Myth #3: If You Don’t Consent To a Breath Test, They Can’t Find You Guilty Of a DUI
Another common myth associated with DUIs is that if you don't consent to a breath test or chemical testing of any kind, you can't be found guilty of a DUI. After all, there won't be any way for law enforcement to tell what your blood alcohol limit was, right?
The hard truth with this myth is that it’s completely inaccurate. Colorado has express or implied consent laws and when you fail to give your consent to get chemical testing, the Department of Motor Vehicles will take your license for up to a year. Furthermore, the jury is instructed that they can consider the evidence of a refused test along with everything else to determine guilt or innocence.
Furthermore, you'll be subjected to an immediate license suspension of at least one year. If you've refused a chemical test before, this license suspension could be increased to up to three years. Your best option is to consent to the test and work out your defense strategy with your Colorado DUI lawyer later.
Myth #4: It’s Easy to Defend Yourself or Plead Guilty To Colorado DUI Charges
The number of people under the impression that you can easily defend yourself against a DUI or plead guilty to "get it over with" is astonishing. Handling your defense on your own could cost you in more ways than one.
You might have no idea how to gain access to the evidence you need or how to make the law work in your favor. When you have a criminal defense lawyer representing you, you have access to these resources and more. Your attorney may even be able to get your charges reduced or dismissed.
Pleading guilty could also be a severe mistake. The penalties of a DUI can be harsh in Colorado. You could be looking at jail or prison time, fines, and other criminal penalties, some of which could include:
Completion of a drug or alcohol treatment program
Probation or parole requirements
Citizenship or immigration issues
Custody or visitation troubles
Suspension of your driver’s license
Suspension of professional licenses
These are only a few penalties you’ll face. Remember, a DUI stays on your record forever in Colorado. Don’t risk your future. Get a criminal defense lawyer on your side who can help you get the best possible outcome in your case.
Contact a Colorado DUI Lawyer Today
When you have been charged with a DUI, you must get a lawyer to represent your interests. DUIs involving marijuana and alcohol can have a dramatic effect on your future.
Hire committed Colorado criminal defense attorney Mitch Geller to develop a defense strategy as quickly as possible. Schedule a free, no-obligation consultation when you fill out our convenient contact form. Or call our office at 720-696-7897 to get started today.