Grand Junction DUI Defense Lawyer

Facing a DUI (Driving Under the Influence) charge in Grand Junction, Colorado, can have serious implications, affecting your reputation, freedom, and driving privileges. Grand Junction, the largest city in Western Colorado and the seat of Mesa County, aggressively enforces DUI laws to maintain road safety. Understanding your rights, obligations, and available legal options if charged is crucial. A skilled Grand Junction DUI defense lawyer at DeChant Law is always ready to defend you, contact us any time.

What to Do If You’re Pulled Over for DUI in Grand Junction

If you’re stopped for suspicion of DUI in Grand Junction, your actions at the scene can significantly influence the outcome of your case. It’s vital to understand how best to handle such encounters.

First, remain calm and pull over safely. Use your turn signals and stop in a secure location that doesn’t obstruct traffic.

Next, remain polite and cooperative, but know your rights. You must provide your driver’s license, insurance, and registration upon request. However, you are under no obligation to answer incriminating questions, such as where you’ve been or if you’ve consumed alcohol.

In Colorado, field sobriety tests like the horizontal gaze nystagmus (HGN), walk-and-turn, or one-leg stand test are voluntary. You may politely decline these tests, as their subjective nature can sometimes work against you.

Colorado law, however, includes the implied consent rule, meaning that upon arrest for suspicion of DUI, you’re legally required to submit to chemical testing (blood or breath). Refusal results in immediate administrative consequences, such as license suspension.

Finally, request an attorney at the earliest possible moment, and politely inform the officer that you wish to exercise your right to legal counsel. Avoid answering additional questions until you’ve consulted a DUI defense lawyer.

Colorado DUI Laws Relevant to Grand Junction Drivers

Colorado’s DUI laws, applicable to Grand Junction residents and visitors alike, are outlined primarily in Colorado Revised Statute (CRS) §42-4-1301. This statute covers alcohol and drug-impaired driving and specifies thresholds for different charges.

Key legal BAC (blood alcohol concentration) limits include:

• DUI: BAC of .08% or higher.
• DWAI (Driving While Ability Impaired): BAC between .05% and .08%.
• Underage DUI (under 21 years old): BAC of .02% or higher.
• Commercial Driver DUI: BAC of .04% or higher.

Additionally, Colorado’s implied consent statute (§42-4-1301.1) states that all drivers implicitly agree to chemical testing if arrested for DUI. Refusal can result in automatic license revocation, regardless of the eventual criminal outcome.

Colorado DUI laws also encompass drug impairment—including illegal substances, prescription medication, and over-the-counter drugs—that impair driving abilities.

Possible DUI Penalties in Grand Junction, Colorado

Penalties for DUI in Grand Junction vary based on the severity of the offense, BAC level, presence of prior offenses, and whether an accident or injury occurred. Common penalties include:

• First DUI Offense:
  • Jail: 5 days to 1 year
  • Fines: $600 to $1,000
  • License suspension: Up to 9 months
  • Community service: 48 to 96 hours
  • Mandatory alcohol education programs
  • Possible ignition interlock device (IID)
• Second DUI Offense:
  • Jail: 10 days to 1 year
  • Fines: $600 to $1,500
  • License suspension: 12 months
  • Mandatory IID installation (2 years)
  • Extended alcohol education and treatment programs
• Third DUI Offense:
  • Jail: 60 days to 1 year
  • Fines: $600 to $1,500
  • License suspension: 24 months
  • Mandatory IID installation (minimum 2 years)
  • Extensive treatment programs
  • Potential escalation to felony charges based on circumstances
• Felony DUI (Fourth Offense or DUI with Serious Injury):
  • Prison: 2 to 6 years
  • Substantial fines and court costs
  • Extensive license revocation
  • Mandatory IID installation
  • Intensive supervised probation and ongoing treatment

Penalties can increase dramatically with aggravating factors, such as a high BAC, reckless driving, or causing injury or death.

Common DUI FAQs

What is the difference between DUI and DWAI in Colorado?

DUI is charged at a BAC of .08% or higher, indicating significant impairment, while DWAI is a lesser charge for impairment with a BAC between .05% and .08%.

Do I have to take field sobriety tests?

No. Colorado law allows you to refuse field sobriety tests without penalty.

What happens if I refuse chemical testing after arrest?

Refusal results in automatic license revocation for at least one year.

Can I lose my license even before a conviction?

Yes. Colorado’s administrative license suspension process can suspend your license shortly after arrest, even without conviction.

How long does a DUI remain on my record?

In Colorado, DUI convictions stay permanently on your driving record and criminal history.

Will I need an ignition interlock device (IID)?

IID installation is required for second and subsequent offenses and may be mandated for some first-time offenses depending on BAC levels or refusal to test.

Can a DUI conviction be expunged or sealed?

No, Colorado generally prohibits sealing or expunging DUI convictions.

Should I hire a lawyer for a DUI?

While you can represent yourself, hiring an experienced DUI lawyer significantly improves your chances of reducing or dismissing charges.

How much can a DUI cost me overall?

The total cost of a DUI—including fines, court costs, increased insurance premiums, legal fees, IID installation, and education programs—often exceeds $10,000.

Is jail mandatory if convicted of DUI?

In Colorado, jail sentences are common, even for first-time DUI offenses, although alternative sentencing options may be negotiated by your attorney.

Serving Throughout Grand Junction, CO

• Redlands
• Orchard Mesa
• North Grand Junction
• Fruitvale
• Downtown Grand Junction
• Tiara Rado
• Spyglass Ridge
• Appleton
• Paradise Hills
• Spring Valley

How DeChant Law Can Help with Grand Junction DUI Charges

Being charged with a DUI in Grand Junction can be stressful and overwhelming. The stakes are high, but you don’t have to face these charges alone. DeChant Law specializes in aggressively defending DUI cases, providing clients with experienced, compassionate, and strategic representation.

Attorney Mark DeChant understands the complexities of Colorado DUI laws and how they specifically apply to Grand Junction. He thoroughly investigates every detail of your case, reviewing police reports, chemical testing procedures, arrest records, and other critical evidence. This meticulous approach helps uncover potential procedural errors, constitutional violations, or faulty test results.

DeChant Law offers comprehensive DUI defense, including:

• Investigating your arrest circumstances and identifying defenses.
• Challenging chemical test accuracy and reliability.
• Representing you in both criminal court and administrative DMV hearings.
• Negotiating plea deals, alternative sentencing, and reduced penalties.
• Guiding you clearly through each step, ensuring you’re fully informed about your options and potential outcomes.

A DUI conviction can significantly impact your personal, professional, and financial future. Having dedicated, skilled legal counsel dramatically increases your chance of a favorable result. If you or a loved one is facing a DUI charge in Grand Junction, don’t delay. Contact DeChant Law today for a confidential consultation. Attorney Mark DeChant will provide the experienced advocacy and strategic defense you need to protect your rights, minimize penalties, and achieve the best possible outcome in your DUI case.