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Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If you find yourself arrested for illegal drunk driving, an attorney with experience defending drunk-driving cases can help protect your rights.
Aggressive Defense for Repeat DUI
Drunk Driving Representation by a Former Prosecutor
Colorado's repeat offender law swings a heavy hammer of mandatory penalties for a new drunk driving arrest. If you have a previous DUI on your record, the skill of your attorney may mean the difference between hard jail time and less severe consequences.
2nd Offense DUI? 3rd Offense DUI? Call Immediately at 719-473-7233
Our accomplished criminal defense trial lawyer is a former prosecutor who has helped many clients escape the worst penalties for a second or third offense. The Law Firm of David W. Foley serves El Paso County, Teller County and surrounding counties of Colorado.
Avoiding the Worst Case Scenario
A second DUI conviction carries the following potential penalties:
- 90 days to 1 year in jail (up to 80 days can be suspended)
- Fines of $500 to $1,500, plus court costs
- 60 to 120 hours of public service
- Ignition interlock on your vehicle
- Alcohol evaluation, treatment and/or AA meetings
- Medications to curb the use of alcohol
- Attending a victim impact panel
Penalties are less severe for a repeat DWAI (driving while ability impaired), but still substantial, including a minimum of 45 days in jail.
Penalties for a third offense DUI are the same as for a second offense, except judges are more likely to sentence toward the maximum.
Colorado prosecutors cannot plead down DUI charges, but David Foley knows where there is "wiggle room" on sentencing. He reviews your case with the trained eye of a former district attorney. His goal is to identify any weakness in the prosecution's case, to prepare for trial or to negotiate with the D.A.
Challenging a DUI
David Foley explores every possible avenue to poke holes in the prosecution's case:
- The traffic stop — Did police have a reasonable suspicion to pull you over?
- Blood or breath tests — We re-test the sample. If the margin is greater than 20 percent, the evidence may be excluded.
- Field sobriety tests — Did the officer improperly administer roadside tests or draw unsupportable conclusions?
- Video evidence — Does the squad car's dash-mounted camera contradict the prosecution's case?
A second or third DUI conviction has serious consequences for your freedom, your family and your employment. To emerge from this ordeal in the best legal position, contact our experienced DUI defense lawyer. We offer a free consultation, and you can reach us 24/7 at 719-473-7233.
