Welcome
I. Introduction
I represent everyday people in Fort Collins and the surrounding communities
who are charged with Driving Under the Influence of Alcohol, Drugs, or both. In
my opinion, you deserve to be treated like a human being, and being charged with a
DUI doesn't mean that the past mistake is any indication of what the future holds
for you. I'm here to make sure you get the best possible fresh start to help you
get past it, and move on with your happy and productive life.
If you are charged with Driving under the Influence, your case will be processed through two separate state governmental entities. A criminal proceeding through the District Attorney’s Office will occur. At the same time, you will also have to go through an administrative proceeding with the Department of Motor vehicles.
DUI and DWAI fines and penalties are expensive, but your attorney’s fees needn’t be expensive. At Holcomb Law Firm, P.C., I try to structure legal fees that work for your budget. As a result of my sincere hope to bring quality legal services to you, in addition to competitive pricing, I offer free initial consultations, payment plans, and I accept major credit cards.
II. Under age 21?The threshold for younger drivers under the age of 21 is .02 BAC. In other words, you can be punished for having any alcohol in your bloodstream at the time of your stop. Instead of the 90-day license suspension for an adult DUI, if you are under age 21, you will be penalized with a 1-year loss of your license. You might also be facing criminal charges for DWAI (.05 BAC) or DUI (.08 BAC).
It is imperative that you request a DMV hearing within seven days of the citation or arrest to challenge the suspension or qualify for a "red license" or restricted driving permit.
III. Colorado DUI Laws
If your blood alcohol content is at least 0.05, you will be charged with driving
while ability impaired, or DWAI. If your BAC is 0.08 or greater, you will be
charged with Driving Under the Influence, or DUI.
If you refuse to take the breathalyzer or chemical test, you will face a one year suspension, even if you’re not convicted in your criminal case. You will lose your license during that time without the benefit of a restricted license.
IV. DUI Penalties
Penalties vary depending on the circumstances of your case. Considerations are
prior DUI or DWAI convictions, the results of your chemical test, and the status
of your driver’s license at the time of the offense.
You may be facing license suspension or revocation, Court ordered alcohol or drug treatment, Court ordered community service, fines and Court costs, probation and probation supervision fees, and possible jail time.
If you are charged with a DUI, contact should be immediately made with the Department of Motor Vehicles to request an administrative hearing. After your arrest, a notice of revocation will be sent to you. From that point, you will have seven days from that notice to request a hearing with the Department of Motor vehicles. Even if you haven’t hired an attorney, immediately contact the DMV and request your hearing.
A DWAI First Offense equates to 8 points toward license suspension (12 points in 12 months results in suspension). You will also be facing considerable fines, possible jail time up to 180 days, up to 48 hours of community service, alcohol education classes and a victim impact panel.
A DUI First Offense results in an automatic suspension of your license for 12 months, substantial fines, up to one year in jail, up to 96 hours of community service, alcohol education classes and a victim impact panel.
After a drunk driving charge, the Court may impose a probationary period without jail time. If you comply with the Court's instructions for the length of time required, under the probationary period or deferred sentence, your case will eventually be dismissed. Violating your DUI probation will put you back before the Court and you may then face jail time.
The Court might also impose additional terms in exchange for staying a jail sentence or entering a DUI diversion program. If you do not comply with these terms, you will have to appear in court for a probation revocation hearing. If this happens, the judge can revoke probation and require you to spend time in jail. The Court might impose urine tests. If you had a "dirty UA" (urine analysis), we will try to immediately get as many clean tests as possible before your next court appearance. At the same time, it is important to stay in touch with your probation officer. If you fail to report to your probation officer, it can lead to the revocation of you probation. Finally, there will likely be fines, fees and community service.
V. Challenging a DUI arrest:
Probable cause. The police must have a good
reason to pull you over. How long did the
officer follow you before stopping you? What
did the police see to think you were driving
under the influence?
Roadside test. Field sobriety tests like the walk-and-turn or the pen test can be hard even if you haven't been drinking. There are many reasons why people "fail" like being nervous and intimidated. Was the test properly done? Based on your test, was there sufficient cause for a breathalyzer test and arrest?
Breath test. Did the officer perform the test properly? Was the equipment working properly? How do we know the equipment was working properly? Are there other factors that would skew the test? Did you ask to take a more scientific blood test at the police station?
Timing. When was the breathalyzer test administered? A DUI is based on the intoxication level when given. Did your blood-alcohol content somehow increase after you were pulled over?