Denver Criminal Defense & DUI Lawyer
Facing criminal charges can be a daunting experience, especially in Denver, where the legal system can be complex and unforgiving. Whether you’re accused of a misdemeanor or a felony, having the right legal representation is crucial to safeguarding your rights and future. At DeChant Law, our Denver criminal defense lawyer understands the challenges you’re facing and are committed to providing comprehensive and effective defense strategies tailored to your unique situation.
Reid has experience as both a public defender and in private practice. He handled cases as a public defender in Denver, Broomfield, and Adams County where he defended traffic offenses, DUI/DWAI, thefts, sexual assaults, homicides, and everything in between. Throughout his experience as a public defender, he recognized that most clients come to him at the lowest point in their life. Not only do these clients need help in the courtroom, but they need someone who cares about their story and fights for what is best for them in their situation. At Trial Lawyers College, Reid learned the power of storytelling in the courtroom. It begins with having compassion for the client and his/her story.
Common Criminal Charges in Denver
Denver, like any major city, sees a range of criminal charges. Some of the most common include:
DUI (Driving Under the Influence): Denver takes DUI offenses seriously, with strict penalties for those convicted. Whether it’s alcohol or drugs, operating a vehicle under the influence can result in fines, license suspension, and even jail time.
Drug Possession: Possession of controlled substances, such as marijuana, cocaine, methamphetamine, or prescription drugs without a valid prescription, can lead to serious legal consequences, including fines and imprisonment.
Assault and Battery: Charges of assault and battery involve physical harm or threats of harm against another person. Depending on the circumstances, these charges can range from misdemeanors to felonies.
Theft and Burglary: Denver prosecutes theft crimes vigorously, whether it’s shoplifting, burglary, or robbery. The severity of the charge often depends on the value of the stolen property and whether force or violence was involved.
Domestic Violence: Allegations of domestic violence can have significant repercussions, including restraining orders and loss of custody rights. It’s essential to seek legal counsel immediately if you’re facing these charges.
Colorado DUI Laws
Driving under the influence (DUI) in Denver is a serious offense with strict legal consequences. Under Colorado law, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. For drivers under 21, a BAC of 0.02% or higher can result in a charge of underage drinking and driving (UDD). Additionally, a BAC of 0.05% to 0.079% can result in a driving while ability impaired (DWAI) charge.
Colorado has express consent laws, meaning drivers automatically agree to chemical testing when suspected of DUI. Refusing a test leads to automatic license suspension and penalties.
- Blood Test DUI
- Boating Under the Influence
- Breath Test DUI
- Driver’s License Suspension
- DUI Drugs
- DUI First Offense
- DUI Second Offense
- DUI Third Offense
- Felony DUI Fourth Offense
- Field Sobriety Test
- Underage DUI
- Vehicular Homicide
- DUI for Immigrants
- DUI for Pilot’s
- DUI for Medical Licenses (Physicians and Nurses)
- DUI for Commercial Driver’s License (CDL)
Penalties for DUI in Denver
DUI penalties in Colorado escalate with each offense. Below are the standard consequences:
First DUI Offense
- 5 days to 1 year in jail
- $600 to $1,000 in fines
- 9-month license suspension
- Up to 96 hours of community service
- Alcohol education classes
Second DUI Offense
- 10 days to 1 year in jail
- $600 to $1,500 in fines
- 1-year license suspension
- Up to 120 hours of community service
- Mandatory ignition interlock device
Third DUI Offense
- 60 days to 1 year in jail
- $600 to $1,500 in fines
- 2-year license suspension
- Up to 120 hours of community service
- Mandatory ignition interlock device
Felony DUI (Fourth Offense or DUI with Injury/Death)
- Up to 6 years in prison
- $2,000 to $500,000 in fines
- Permanent criminal record
What to Do if Stopped for DUI in Denver
If a police officer stops you on suspicion of DUI, follow these steps to protect your rights:
- Remain Calm and Cooperative – Avoid sudden movements or hostility.
- Do Not Incriminate Yourself – You have the right to remain silent. Politely decline to answer questions about drinking.
- Field Sobriety Tests Are Optional – You are not legally required to perform field sobriety tests, such as walking in a straight line or the one-leg stand.
- Breath and Blood Tests – Refusing a chemical test results in an automatic license suspension under Colorado’s express consent law. If you submit and test over the limit, the results can be challenged in court.
- Ask for an Attorney – Contact DeChant Law immediately to protect your rights and build a defense.
DUI Checkpoints in Denver
Colorado law allows sobriety checkpoints, where police officers stop vehicles randomly to check for impaired drivers. These checkpoints must follow constitutional guidelines, including:
- Proper warning signs and visibility
- Randomized vehicle selection
- Limited detention times
- Public safety measures
If you are stopped at a DUI checkpoint, remain calm, provide license and registration, and avoid voluntary admissions. If arrested, contact a Denver DUI defense lawyer at DeChant Law immediately.
Denver DUI FAQ
How long does a DUI stay on my record in Colorado?
A DUI stays on your criminal record permanently and cannot be sealed or expunged.
Can I refuse a breathalyzer test?
Yes, but under Colorado’s express consent law, refusing leads to automatic license suspension and other penalties.
What is the difference between DUI and DWAI?
A DUI is charged for a BAC of 0.08% or higher, while DWAI is charged for a BAC of 0.05% to 0.079%. DWAI carries lighter penalties but is still a serious offense.
Will I lose my license after a DUI?
Yes, a DUI results in a license suspension of at least 9 months for a first offense.
Can I get a DUI for marijuana in Denver?
Yes. Driving under the influence of marijuana is illegal. A THC level of 5 nanograms or more in the blood can result in DUI charges.
How much does a DUI defense cost?
DUI defense costs vary, but legal fees typically range from $3,000 to $10,000, depending on the complexity of the case.
Can I get a DUI while parked?
Yes. If you are in control of a vehicle while intoxicated, even if not driving, you may still be charged with DUI.
Will a DUI affect my job?
Yes, a DUI conviction can impact employment, especially if your job requires driving or a professional license.
Can I get a hardship license after a DUI?
Yes, after one month of suspension, you may apply for a restricted license with an ignition interlock device.
What are the chances of beating a DUI charge?
It depends on your case. Factors like improper police procedures, inaccurate breath tests, and medical conditions can lead to dismissed or reduced charges.
DeChant Law Can Assist with Your DUI Defense Case
If you are facing a DUI charge in Denver, DeChant Law provides aggressive legal defense to protect your rights and minimize penalties. Attorney DeChant has extensive experience handling DUI cases and can help with:
- Challenging breathalyzer and field sobriety tests
- Investigating police procedures for errors
- Negotiating plea deals or reduced charges
- Defending you in court for a case dismissal
A DUI can have serious long-term consequences, but with the right legal representation, you can fight the charges. Contact a Colorado DUI lawyer at DeChant Law today for a free consultation and a strong DUI defense.
What to do After an Arrest in Denver, CO
If you get arrested in Denver, it’s crucial to know your rights and the steps to take to protect yourself. Here’s a guide on what to do:
1. Stay Calm and Comply
- Stay Calm: Keep your composure to avoid escalating the situation.
- Comply with Officers: Follow the instructions given by law enforcement officers. Resisting arrest can lead to additional charges.
2. Know Your Rights
- Right to Remain Silent: Exercise your right to remain silent to avoid self-incrimination. Inform the officers that you wish to remain silent and request an attorney.
- Right to an Attorney: Request an attorney immediately. If you cannot afford one, a public defender will be provided.
3. Booking and Bail
- Booking Process: You will be taken to a police station for booking, which includes fingerprinting, photographing, and recording personal information.
- Posting Bail: You may be eligible to post bail to be released from custody. Contact a bail bondsman if necessary.
4. Contact an Attorney
- Hire a Defense Attorney: Contact a criminal defense attorney who specializes in the charges you are facing. If you cannot afford one, request a public defender.
5. Prepare for Court
- Understand the Charges: Make sure you fully understand the charges against you. Your attorney can explain the specifics and potential consequences.
- Gather Evidence: Work with your attorney to gather evidence and witness statements that could support your defense.
6. Attend Court Hearings
- Attend All Court Dates: Make sure to attend all scheduled court hearings. Missing a court date can lead to additional legal issues.
- Follow Legal Advice: Follow your attorney’s advice and strategies throughout the legal process.
7. Post-Arrest Actions
- Avoid Discussing Your Case: Do not discuss your case with anyone except your attorney. Conversations with friends, family, or on social media can be used against you.
- Stay Informed: Stay informed about your case and remain proactive in your defense.
8. Utilize Support Services
- Counseling Services: Consider seeking counseling services to help cope with the stress of the arrest and legal proceedings.
- Community Resources: Use community resources for additional support and guidance throughout the process.
Following these steps can help you navigate the legal system more effectively and protect your rights after an arrest in Denver, CO.
Finding the Best Denver Criminal & DUI Attorney Near You
When searching for the “best Denver criminal defense lawyer near me”, make sure to do careful research. Start by looking for attorneys with extensive experience in defending DUI and criminal cases in Denver courts. Check online reviews, client testimonials, and attorney ratings on platforms like Avvo, Martindale-Hubbell, and Google Reviews to gauge their reputation. It’s also important to choose a lawyer familiar with the Lindsey-Flanigan Courthouse and the local legal system, as this knowledge can provide a strategic advantage in your case. Schedule a consultation to discuss your situation, ask about their case success rate, defense strategies, and legal fees. A strong Denver defense lawyer should offer clear communication, aggressive representation, and a personalized legal strategy to help you achieve the best possible outcome. DeChant Law is a trusted name in Denver, known for providing dedicated and effective defense for DUI and other criminal charges.
Criminal Court Process
The criminal court process in Denver, CO, involves several stages from the initial arrest to the resolution of the case. Here’s an overview of each step:
Arrest and Booking
- Arrest: Law enforcement officers detain and arrest the individual suspected of committing a crime.
- Booking: The arrested person is taken to a police station where they are fingerprinted, photographed, and their personal information is recorded.
Initial Appearance
- Timeline: Usually occurs within 24-48 hours of arrest.
- Purpose: The judge informs the defendant of the charges, their rights, and determines bail or conditions for release.
Bail and Bond Hearing
- Bail Determination: The judge sets bail, which the defendant can post to be released from custody.
- Bond Options: Defendants can post cash bail or use a bail bondsman to pay a percentage of the bail amount.
Arraignment
- Charges: The formal reading of charges in court.
- Plea: The defendant enters a plea of guilty, not guilty, or no contest.
- Legal Representation: If the defendant does not have an attorney, one will be appointed if they qualify.
Pre-Trial Proceedings
- Discovery: Both the prosecution and defense exchange evidence and information.
- Motions: Pre-trial motions can be filed to resolve legal issues, such as suppressing evidence or dismissing charges.
- Plea Bargaining: The defense and prosecution may negotiate a plea deal to avoid trial.
Trial
- Jury Selection: A jury is selected through a process called voir dire.
- Opening Statements: Both sides present their case overview to the jury.
- Presentation of Evidence: The prosecution and defense present evidence and call witnesses.
- Closing Arguments: Both sides summarize their cases.
- Jury Deliberation: The jury deliberates and reaches a verdict.
- Verdict: The jury delivers a verdict of guilty or not guilty.
Sentencing
- Guilty Verdict: If found guilty, the judge sets a date for sentencing.
- Sentencing Hearing: The judge considers factors such as the severity of the crime, criminal history, and any mitigating circumstances to determine the appropriate sentence.
Post-Trial Motions
- Appeals: The defendant can appeal the conviction or sentence if they believe there was a legal error during the trial.
- Post-Conviction Relief: Additional motions can be filed to seek relief, such as a new trial or sentence reduction.
Probation and Parole
- Probation: Instead of jail time, the defendant may be sentenced to probation with specific conditions to follow.
- Parole: Early release from prison under supervision, with conditions similar to probation.
Understanding these stages can help defendants navigate the criminal court process in Denver more effectively.
Key Points to Remember
- Legal Representation: Having a skilled Denver criminal lawyer is crucial at every stage of the process.
- Rights: Defendants have the right to remain silent, to an attorney, and to a fair trial.
- Bail: Posting bail allows the defendant to be released from custody while awaiting trial.
- Pre-Trial Motions: Can significantly impact the outcome of the case by addressing legal issues before trial.
- Trial and Sentencing: The trial determines guilt, and sentencing determines the punishment if convicted.
Denver Criminal Courthouse
The Lindsey-Flanigan Courthouse serves as the primary criminal courthouse in Denver, handling DUI cases, felonies, and misdemeanors. Located at 520 W Colfax Ave, this modern facility houses courtrooms for both the Denver County Court and the Second Judicial District Court. The courthouse is known for its streamlined case processing, advanced security measures, and accessibility for defendants, attorneys, and the public.
DUI cases are typically heard in Denver County Court, where judges preside over arraignments, motions, and trials. The courthouse also offers:
- Pretrial services
- Probation offices
- Public defense resources
These services make it a central hub for criminal proceedings in Denver. If facing a DUI charge, it is crucial to have an experienced attorney, such as DeChant Law, to navigate the legal process and advocate for the best possible outcome.
An Aggressive Denver DUI & Criminal Defense Attorney Can Help
At DeChant Law, we have extensive experience defending clients against a wide range of criminal charges in Denver. Our team of dedicated attorneys understands the nuances of Colorado’s legal system and is committed to providing aggressive advocacy on behalf of our clients. When you choose DeChant Law to represent you, you can expect:
Personalized Attention: We take the time to listen to your concerns, thoroughly investigate your case, and develop a defense strategy tailored to your unique circumstances.
Skilled Negotiation: We have a track record of success in negotiating favorable plea agreements and alternative sentencing options for our clients, helping them avoid harsh penalties whenever possible.
Aggressive Trial Representation: If your case goes to trial, you can trust our attorneys to vigorously defend your rights in the courtroom, presenting compelling evidence and arguments on your behalf.
Compassionate Support: We understand that facing criminal charges can be emotionally challenging. That’s why we’re here to provide compassionate support and guidance every step of the way, ensuring you feel informed and empowered throughout the legal process.
Serving Throughout Denver and Beyond
- Adams County
- Aurora
- Boulder
- Brighton
- Castle Rock
- Centennial
- Colorado Springs
- Commerce City
- Denver
- Fort Collins
- Fort Morgan
- Golden
- Greeley
- Loveland
- LoDo (Lower Downtown)
- Capitol Hill
- Cherry Creek
- RiNo (River North Art District)
- Highlands
- Wash Park (Washington Park)
- Five Points
- South Broadway (SoBo)
- Golden Triangle
- Sloan’s Lake
- Berkeley
- City Park
Don’t Face Criminal Charges Alone, Contact a Denver Criminal Defense Lawyer
At DeChant Law, you will be a part of the team and not just a client. Have you been in court and heard an attorney refer to their client as “my client?” Be assured, this unacceptable practice is non-existent at DeChant Law. Our client-focused defense keeps you involved at every step of the way so that you can make the best decision for you and your family. Reid will create a personalized mitigation plan and leave no stone unturned while negotiating with the prosecution. At the end of the day, if the prosecution’s offer falls short of your expectations, our experienced Denver criminal defense & DUI attorney is prepared to take the case to trial and zealously advocate for what is just. Contact DeChant Law today to schedule a consultation and learn how we can help protect your rights and future.