Longmont DUI Defense Lawyer
Driving under the influence (DUI) is a serious charge in Longmont, Colorado. Located in Boulder and Weld counties, Longmont authorities strictly enforce DUI laws, and drivers can find themselves facing severe legal consequences if charged. Knowing your rights, responsibilities, and what steps to take if pulled over can greatly impact your situation. It is highly advised to contact an experienced Longmont DUI lawyer as soon as possible, let DeChant Law help.
What to Do If You’re Pulled Over for DUI in Longmont
Being stopped for a DUI is stressful, but how you handle the situation can greatly influence the outcome.
First, remain calm. Nervous behavior can unintentionally appear suspicious. Pull over safely, using your signal, and stop your vehicle in a safe, well-lit area if possible.
Be courteous and polite to the officer but remember you have rights. Provide your license, insurance, and registration when asked, but know you are not required to answer self-incriminating questions. Politely decline to answer questions regarding alcohol consumption or your whereabouts.
You also have the right to refuse field sobriety tests. These tests, like the walk-and-turn or one-leg stand, can be subjective and are not mandatory. Politely refusing can prevent further evidence against you.
However, Colorado law mandates that drivers consent to chemical tests (blood or breath) upon arrest under implied consent laws. Refusal to take a chemical test after arrest can lead to immediate penalties, including license suspension.
Requesting legal counsel promptly after arrest is essential. Clearly state your desire to speak with your lawyer, and refrain from answering further questions until counsel is present.
Colorado DUI Laws Relevant to Longmont Drivers
In Colorado, DUI laws are detailed in CRS §42-4-1301. Under this statute, drivers may face DUI charges based on blood alcohol concentration (BAC) levels or impairment by alcohol, drugs, or a combination of both.
The legal limits are:
- DUI: BAC of .08% or higher
- DWAI (Driving While Ability Impaired): BAC between .05% and .08%
- Underage DUI (Under 21): BAC of .02% or higher
- Commercial Drivers: BAC of .04% or higher
Moreover, Colorado’s express consent law (§42-4-1301.1) states that drivers implicitly agree to chemical testing if lawfully arrested for DUI. Refusal results in automatic administrative penalties.
Colorado also recognizes drug impairment under DUI laws. Even prescription or over-the-counter medications can lead to DUI charges if they impair your ability to drive safely.
Possible DUI Penalties in Longmont, Colorado
Penalties for DUI in Longmont depend on your BAC level, prior DUI offenses, and whether any injuries or accidents occurred. Common penalties include:
- First DUI Offense:
- Jail time: 5 days to 1 year
- Fines: $600 to $1,000
- License suspension: Up to 9 months
- Community service: 48 to 96 hours
- Alcohol education classes
- Possible ignition interlock device (IID) installation
- Second DUI Offense:
- Jail time: 10 days to 1 year
- Fines: $600 to $1,500
- License suspension: 12 months
- Mandatory IID installation: 2 years
- Alcohol education and treatment
- Third DUI Offense:
- Jail time: 60 days to 1 year
- Fines: $600 to $1,500
- License suspension: 24 months
- Mandatory IID installation: 2 years minimum
- Extensive alcohol education and treatment
- Potential felony charges if offenses accumulate
- Felony DUI (Fourth Offense or DUI with Serious Injury):
- Prison sentence: 2 to 6 years
- Significant fines and court costs
- Extended license revocation
- Mandatory IID installation
- Intensive probation and treatment programs
Each situation is unique, and penalties can be enhanced by aggravating factors like high BAC levels, reckless driving, or involvement in an accident.
Common Longmont DUI FAQs
What’s the difference between DUI and DWAI?
DUI (Driving Under the Influence) refers to impairment with a BAC of .08% or higher, while DWAI (Driving While Ability Impaired) indicates lesser impairment with a BAC between .05% and .08%.
Can I refuse the field sobriety tests?
Yes, Colorado law allows refusal of field sobriety tests without penalty.
Must I submit to breath or blood tests?
Colorado law requires chemical tests upon lawful arrest. Refusal triggers automatic license suspension.
Can a DUI be expunged or sealed?
No, Colorado typically does not allow DUI convictions to be expunged or sealed.
How long does a DUI stay on my driving record?
DUI convictions remain permanently on your Colorado driving record.
Can I lose my license for a DUI arrest even before conviction?
Yes, administrative suspension can occur shortly after arrest, especially if you refuse chemical testing.
Will I have to install an ignition interlock device?
IID installation is mandatory for second and subsequent offenses, and it can also apply to certain first offenses.
Can I represent myself in a DUI case?
While legally possible, DUI cases are complex. Representation by a skilled DUI lawyer is strongly recommended.
How much will a DUI cost me overall?
Between fines, legal fees, increased insurance, alcohol education, IID installation, and court fees, the total cost typically exceeds $10,000.
Can DUI charges be reduced or dismissed?
Yes, an experienced DUI lawyer may successfully negotiate reductions or dismissals depending on evidence and case circumstances.
Serving Throughout Longmont, CO
- Prospect New Town
- Renaissance
- Clover Creek
- Creekside
- Fox Meadow
- Historic East Side
- Prairie Village
- Somerset Meadows
- Mill Village
- Yeager Farm
How DeChant Law Can Help You with Longmont DUI Charges
Facing DUI charges in Longmont can be intimidating and overwhelming, but you don’t have to face these charges alone. DeChant Law specializes in defending clients charged with DUI offenses, offering expert guidance and aggressive representation throughout every stage of your case.
Attorney Mark DeChant is an experienced DUI defense attorney who understands Colorado DUI laws and the court systems in Longmont. He thoroughly investigates each case, reviewing evidence and police reports meticulously, identifying inaccuracies or constitutional violations, and strategically building a robust defense tailored to each client’s unique circumstances. DeChant Law can assist by:
- Conducting detailed investigations into your arrest circumstances
- Challenging questionable field sobriety test procedures or chemical test results
- Representing you vigorously in both criminal court proceedings and administrative hearings
- Negotiating plea bargains or alternative sentencing options
- Working to minimize penalties, protect your driving privileges, and safeguard your record
- Providing compassionate, clear, and continuous communication, ensuring you fully understand your options and what to expect
A DUI conviction can seriously impact your life, affecting your freedom, finances, employment opportunities, and driving privileges. Having professional, knowledgeable, and dedicated legal representation greatly increases your chances of achieving a favorable outcome. If you’ve been charged with a DUI in Longmont, Colorado, don’t delay seeking the skilled help you need. Contact DeChant Law today to arrange a confidential, no-obligation consultation and begin taking essential steps toward resolving your DUI case effectively and decisively.