DUI-Advisor.com

DUI, Misdemeanor and Felony Criminal Defense

709 West Littleton Blvd,

Littleton, CO 80120

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1. How Do I Choose A Good Arapahoe County DUI Attorney?

Successfully fighting an Arapahoe DUI or DWAI by yourself can be a nearly impossible task unless you know both how to spot faults in the State's drunk driving case and can effectively exploit those faults before a jury. Relying on just any criminal attorney may not be much better because they probably lack the specialized training of a dedicated DUI attorney. If you have been charged with DUI, DWAI or any Aggravated Driving Offense in Arapahoe County, you owe it to yourself to call The Law Office of Cliff Hypsher for a free consultation. Cliff is a former law enforcement forensic scientist and prosecutor. He has been helping DUI defendants in Colorado for 28 years. If any of the following circumstances apply, give Cliff Hypsher a call because you could be looking at jail time, loss of your ability to drive for work or to care for your family and a criminal record that will haunt you for the rest of your life:

Cliff has been serving Colorado Criminal Defendants since 1997. If you have a Misdemeanor or Felony drunk driving case or need assistance with any type of driver's license matter in Adams, Arapahoe, Boulder, Denver, Douglas, Clear Creek, Gilpin, Jefferson, Park, Larimer or Weld and Counties please call for a free consultation!

2. Is DUI a Felony in Colorado?

A. What Colorado Drunk Driving Offenses Are Misdemeanors?

Drunk driving crimes in Colorado range from the Driving While Ability Impaired (DWAI) and Driving Under the Influence (DUI, DUI per se and DUID) to the more serious and less common charges of felony DUI, Vehicular Assault and Vehicular Homicide. Most people convicted of DWAI, DUI, DUI Per Se and DUID are sentenced in the misdemeanor penalty range on a first, second or third conviction for drunk driving.

Misdemeanor Drunk Driving sentencing in Colorado is progressive. Progressive Sentencing means that defendants with prior Drunk Driving convictions, or high BACs are sentenced more harshly and are subject to mandatory sentencing.

B. What Penalties Am I Looking At For A Fourth DUI?

A person charged with dui in Colorado who has three or more separate prior convictions for DWAI, DUI, DUI Per Se, DUID, Vehicular assault or Vehicular Homicide, will usually be charged with a class 4 Felony. Felony DUI is considered an aggravated drunk driving crime and comes with a possible prison sentence and loss of Civil Rights such as your Second Amendment Rights. In addition a felony conviction will make it more difficult to obtain employment and housing. You need to know the following about Colorado felony DUI:

C. Can I Get Probation If I Am Convicted of Felony DUI?

The Felony DUI statute allows for sentences to something other than Prison - unless the Court finds that a Department of Corrections Sentence is the most suitable punishment under the circumstances of the case:

D. Can I Be Sent to Community Corrections or Prison for Felony DUI?

If a person convicted of felony DUI is ineligible for probation or the court otherwise deems prison sentence appropriate, that person will be sentenced to either community corrections or the Department of Corrections (Prison):

E. What Are the Penalties For Vehicular Assault and Homicide?

Vehicular Assault and Vehicular Homicide are both Felony Crimes punishable by lengthy sentences to Department of Corrections:

F. Can I Be Charged With Child Abuse If My Daughter or Son Was In The Car?

Another common charge associated with Drunk Driving is Child abuse. "A person commits child abuse if such person causes an injury to a child's health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health...."

3. How can I Defend Against A Probation Violation Case?

Misdemeanor DUI sentences also carry either a permissible two (2) year period of probation for DWAI First or a mandatory two year probation period for second offenses onward. During the period of probation the defendant may be subject to "Monitored Sobriety". Monitored sobriety may consist of electronic alcohol monitoring or random urine samples (UAs) that are tested for drugs, alcohol or both. Current ankle monitors continuously sniff the probationer's sweat and will raise an alarm if alcohol is detected. If there isn't sufficient progress towards finishing probation in a reasonable time, or if violations occur such as, drinking, drug use or new criminal cases, the Probation Officer may file a complaint with the Court. If a probation violation is sustained, sanctions may be imposed. Such sanctions include incarceration in the County Jail, posting of money bonds, increased supervision or an extension of the probation period. Failure to abide by the probation conditions imposed by the Court can result in up to an additional year in jail with no credit given for time served as a result of any initial sentence sentence. Some of the ways that person can violate probation include, but are not limited to:

Call us immediately if you have been notified of a probation violation. You are entitled to a hearing before additional sanctions such a jail sentence are imposed. However, because you are already convicted of a crime you have fewer due process rights than during the pre-conviction phase of your case. Depending upon the severity of the facts of the underlying case the District Attorney can ask that you be taken into custody before your probation violation hearing. For this reason alone it is wise to call us as soon as you find out that a probation violation has been filed against you.

I'd estimate that I have had about a 90% success rate in defending probation violation cases. On the other hand most defendants who try to defend a probation violation case on their own end up admitting the violation or providing lame excuses about lack of funds or having to work overtime. As a result defendants often suffering additional penalties simply because they don't understand the judge's concerns in probation violation case.

4. What Are Colorado's DUI Driver's License Penalties?

A. What Penalties Are Imposed By The DMV For DUI?

In addition to any sentence of probation or incarceration, Drunk Driving Defendants lose all driver's license "privileges" for period of at least Nine (9) months on a first DUI. On a second or more DUI the penalty is one (1) year. The minimum penalty for DUID is a one year license revocation. Subsequent convictions can result in longer license revocations depending on the defendant's driving history. The period of license loss can be longer when combined with other statutory driver's license penalties, for example, three Drunk Driving Convictions in a lifetime will extend the minimum period of license revocation to two years. A person may also lose their driving privileges if DMV makes an administrative determination that they drove with an alcohol level in excess of 0.80 BAC or refused testing. During the period of Driver's License revocation, Colorado will place a hold on the person's Driver's License that other states can access by computer. Most states will deny any person whose name appears on the Drive's License Registry a driver's. A non-exhaustive list of factors that control the length of your driver's license restraint include, but are not limited to the following:

If your license is revoked you must complete Alcohol Education and Treatment in order to get your Driver's License back. A restricted license may be available to you if you are enrolled in Education and Treatment but have not yet completed it. The requirements for Education and Treatment are listed in the Probation Treatment Table.

A. Should I Request A DUI Driver's License Hearing?

If a breath test reveals that you drove with a BAC over 0.08 or you refused a test an "Affidavit and Notice of Revocation" will be sent to DMV. The Police are required to provide you with a copy of this Notice. Unless you submit an hearing request within 7 days DMV Online Hearing Request Form your driver's license will be revoked. We recommend that you submit a request in order to contest the revocation.

Note: If you opted for a Blood Test you'll receive a Notice in the mail since blood tests can't be done on the spot. Make sure DMV has your correct mailing address and watch the mail for a Notice that so you can request a hearing.

B. Does Colorado Have Restricted Driver's Licenses?

Colorado DUI law allows for "Early Reinstatement". After installing an interlock on your vehicle a restricted license will allow you to drive.

  • Persons granted early reinstatement are required to maintain the interlock for the longer of one year or the remaining period of their revocation except that person convicted of a first DUI offense may be eligible to remove the device after going four consecutive months without the interlock detecting excessive alcohol. Caveat: Your total time on interlock may be longer based upon whether you are designated a "Persistent Drunk Driver."
  • The person under revocation may apply for early reinstatement at any time, however, juvenile drivers must wait at least one year before applying for early reinstatement.
  • A minimum two month waiting period is imposed upon persons who refused testing.
  • Non-Colorado residents are ineligible for restricted licenses issued by Colorado DMV since it may only issue licenses to "residents" of this state.

DMV is prohibited from issuing a driver's license to a person convicted of DUI either by a court or DMV administrative hearing until that person provides proof of enrollment and/or completion of a certified alcohol/drug education and treatment class via a form called a DRS.

  • Prior to issuance of a restricted license the licensee will be required to pay a fee, obtain SR22, insurance and install a vehicle interlock device on each vehicle registered to that person.
  • Only vehicles with an interlock installed may be driven while on a restricted license.
  • If a person's alcohol level falls above a certain level, the ignition system of the vehicle will be locked and the violation reported to DMV.
  • Failure to abide by the interlock restrictions or tampering with the interlock device can result in additional criminal charges e,g, Driving Under Restraint and Interlock Circumvention.
  • All interlock devices are monitored on a monthly or bi-monthly basis by the interlock provider and the results provided to DMV.
  • Excessive lock-outs can result in lengthening of the time that you must keep the interlock installed.
  • Never use the interlock to determine whether you have had too much to drink! DMV will get periodic records indicating that you drove after consuming alcohol even if the interlock does not lock you out!

Traffic Stops

Both the U.S. and Colorado Constitutions prohibit police from arbitrarily stopping motorists to check for criminal activity. This prohibition includes profiling as well as stopping people at random on the possibility that they may be committing a crime. This is known as the "Reasonable Suspicion" requirement.

Most drunk driving cases start with police stopping a motorist for a traffic violation or "REDDI Report" (Report Every Drunk Driver Immediately) of suspected drunk driving by a private citizen. Despite the reasonable suspicion requirement the police often stop people upon the suspicion that they are drunk driving even when they when they have done nothing wrong. Traffic stops are inconvenient, embarrassing and can be potentially dangerous. Aside from avoiding obvious traffic violations like speeding, weaving and running stop signs etc., there are things that you can do to avoid a DUI traffic stops. Here are some common reasons why police stop motorists :

  • Non-working tail lights or license plate lights.
  • Obstructed license plates, e.g., with plastic protection coverings.
  • Wide Turns.
  • Sitting through a green light.
  • Burn outs and noisy turbo waste gates.
  • "Welfare checks" on people sleeping in cars.
  • Driving consistently in the passing lane of an interstate highway (CSP's favorite).
  • Ejecting trash from a vehicle.
  • Very Dark window tints

Payment Plans

The reality is that the current economic climate is challenging for most people. DUI-Advisor.com has been serving Colorado criminal defendants through good times and bad since 1998! We understand that you may not be able to pay attorney fees all at once. Accordingly, we allow our clients to pay attorney fees in three or more installments. If you are interested in a payment plan, please call Cliff at 303.806.5104 to discuss your needs.



Did you know that by law a Colorado DUI, DUID or DWAI cannot be dismissed if there is a chance that the DA can obtain a conviction?

We also handle all types of Misdemeanor and Felony Criminal Cases!

The Law Office of Clifton Hypsher
709 West Littleton Blvd.
Littleton, Colorado 80120
(303)806-5106
Cliff@Dui-Advisor.com