Frisco DUI Defense Lawyer

Our Law Firm Handles DUI & DWI Cases in Summit County, CO

If you have been arrested or charged for drunk driving in Frisco, Colorado, you may be facing severe consequences such as hefty fines, license suspensions, and jail time. Even if it is your first offense, the decisions you make immediately after your DWI arrest can significantly impact the outcome of your case and the severity of your penalty and DWI conviction. Call (970) 453-5533 or send us a message online to arrange a free consultation with a Frisco DUI defense attorney at J.B. Katz law offices today for legal services and legal representation.

Why Choose J.B. Katz After a DWI Arrest in Summit County, CO?

• Our Frisco criminal defense attorneys have over 20 years of experience helping clients facing alcohol-related charges in the criminal justice system.
• With your driving privileges and future on the line, we will do everything in our power to help you avoid harsh penalties through aggressive representation and alternative sentencing.
• We dedicate one-on-one personal attention to each case to ensure the strongest legal defense possible through criminal law.

DWI Offenses and Penalties

Colorado has some of the toughest DUI laws in the country. Even if you are under the legal limit with a blood alcohol concentration (BAC) below .08%, you can still be arrested for driving while ability impaired (DWAI) if it is .05% or higher, as it may impact mental or physical faculties when behind the wheel of a motor vehicle.

First Offense

A first offense DUI charge (intoxication offense) is considered a misdemeanor and carries the following penalties:

• Minimum of 5 days in county jail and up to one year
• Between $600 to $1,000 in fines
• 24 to 96 hours of community service
• 1 year license suspension if you refused chemical testing, but you may be eligible for reinstatement after 2 months with an ignition interlock (IID) for two subsequent years
• Ignition interlock device (IID) installation if your BAC was below .15% after 30 days of the suspension period have passed
• DUI classes
• Driver’s license suspension of at least 9 months—limited license allowed with IID after 30 days have passed unless you are under 21 or refused any chemical testing

Second Offense

If you are pulled over with a BAC of .08% or higher, and you have been convicted of a DUI in the five years, you will be charged with a second DWI offense, carrying the following penalties:

• Minimum of 10 days in county jail and up to a year
• Between $600 to $1,500 in fines
• 48 to 120 hours of community service
• 1-year license suspension or 2 years if you refused chemical testing—you may be eligible for a probationary license after two months with an IID
• IID for two years after license reinstatement

Third Offense

If this is your third DUI charge, you are facing even greater penalties. If convicted of a third-time DUI in Colorado, you can face penalties including:

• Between 60 days and one year of jail time
• Between $600 and $1,500 in fines
• 48 hours to 120 hours of community service
• 2-year license suspension
• Mandatory IID installation after license reinstatement

Each subsequent offense will result in more severe penalties and possibly more jail time. Drug possession, having a child passenger, and various other factors can increase the penalties that are on the table as well. A DUI is considered a felony in Frisco if you have been convicted of a third offense or more past DUI-related offenses, or caused an accident resulting in serious bodily injury while intoxicated, also known as intoxication assault and intoxication manslaughter. If you are facing prosecution for repeat DWI offenses or a DWI resulting in injuries or death, it is extremely important that you speak with an experienced attorney immediately.

How a Frisco DUI Defense Attorney Can Help

Navigating the legal process for a DUI can be extremely complicated and stressful, especially with an experienced assistant district attorney working to secure your conviction. Whether this is your first offense or you have past convictions, there are several ways to defend against them with an experienced Frisco DUI defense lawyer and through DWI defense. For example, the most common DUI defense challenges the observations of an arresting police officer, the legality of the arrest, and reasonable suspicion, or the integrity of the evidence they have against you in the police reports. A strong and skillfully built defense used by criminal defense lawyers in private practice can mitigate or even defeat DUI charges and criminal charges.

A Frisco DUI defense attorney can assess your case and determine your best course of action with plea negotiations and plea deals as a trial lawyer. To help maximize your chances of avoiding a criminal record, you should consult with experienced legal counsel as soon as possible.

FAQs: Defending Against a DWI Charge in Fisco, CO

Do drunk driving cases fall under Colorado’s traffic laws or criminal laws?

In Colorado, drunk driving cases fall under the state’s criminal laws. A typical DWI is a misdemeanor offense; however, it is possible to face felony DWI charges in some cases. Given the risks involved in facing any type of DWI charge in criminal court, it is essential to put an experienced DWI lawyer on your side.

What are the penalties for a DWI with bodily injury in Colorado?

In Colorado, DWI with bodily injury can be charged as vehicular assault, which is a fourth-degree felony. Convictions can carry thousands of dollars in fines and years behind bars. If you are involved in an accident and the responding officer suspects that you have been drinking, you can be arrested for DWI with bodily injury and face a vehicle assault charge that carries the potential for life-altering consequences.

Can I avoid a DUI conviction if I failed the breathalyzer?

Failing the breathalyzer during a traffic stop in Frisco does not necessarily mean that you will be convicted of DUI in the local courts. While failing the breathalyzer can serve as probable cause for a UI arrest, it does not necessarily serve as proof of guilt beyond a reasonable doubt. We have successfully defended clients who have failed the breathalyzer; and, while there are no guarantees, we can use our experience to help protect you by all means available. As a result, if your blood alcohol content was over the legal limit, you should not plead guilty, and you should not assume you will be convicted at trial.

Can I avoid a DUI if I failed the field sobriety tests?

If you failed the standardized field sobriety tests (FSTs), we may be able to defend you in this scenario as well. There are numerous well-known issues with the standardized FSTs; and, here too, while there are no guarantees, there are proven strategies for challenging the prosecution’s reliance on FST results in court.

Am I facing jail time for a first-time DWI in Frisco, CO?

Yes, even if this is your first DWI in Colorado, you are facing criminal penalties that include possible jail time. While you may be able to have your mandatory five-day jail sentence suspended, you will need to be very careful to avoid mistakes that could land you behind bars. The risk of facing jail time is one of many reasons why it is important to have an experienced attorney on your side. Guilty verdicts present substantial risks in all Colorado DWI cases, and you owe it to yourself to fight your case by all means available.

Schedule a Free Consultation with a Frisco DWI Attorney Today

If you are facing a drunk driving charge in Frisco, we encourage you to contact us promptly for more information. Call (970) 485-2261 or contact us online to schedule a free and confidential consultation today.