How to Develop a Felony DUI Defense

Any DUI or DWAI arrest in Colorado should be taken extremely seriously, even a first-time offense. Yet when someone is facing felony DUI charges, the stakes are significantly higher. Not only will you have a felony criminal record in the event of a conviction, but may also face a harsh sentence that can include substantial monetary fines in addition to years in prison. Accordingly, if you are facing felony DUI charges, you need to have a defense strategy. How can you develop the best defense strategy in your felony DUI case? Consider the following information from our Denver DUI defense attorneys.

Understand the Seriousness of the Offense 

First, it is essential to understand the seriousness of the charges you are facing. As we emphasized above, even a first-time misdemeanor DUI offense can have serious penalties. When a DUI is charged as a felony, you could ultimately be sentenced up to 12 years in prison, depending on the details of your case. In addition, you will have a felony criminal record that may impact your ability to obtain certain types of housing, certain jobs, and even certain loans. Given the seriousness of the offense, it is important to begin working with a lawyer on your case as soon as possible.

Know the Reason You Are Facing Felony DUI Charges 

To develop a felony DUI defense strategy, your lawyer will need to know the details of the case that have led to felony charges and the specific elements of the offense. Generally speaking, there are three types of circumstances in which you can face felony DUI charges, which include:

• 1) You already have three previous DUI-related or DWAI-related convictions;
• 2) You are facing DUI charges in connection with causing serious bodily injury to another person, known as vehicular assault; or
• 3) You are facing DUI charges in connection with causing the death of another person, known as vehicular homicide.

Tailor a Defense Strategy to the Facts of Your Case 

Finally, you will need to tailor your defense strategy to the specific facts of your case. If you are facing felony DUI charges for a fourth or subsequent intoxication-related offense, you can use the same types of defense strategies that would be applicable to any other DUI case — the goal will be to prove that you were not driving under the influence or driving while ability impaired under Colorado law. In addition to the general DUI defense strategies, you will also consider attacking the credibility of the prior convictions. If you are facing felony charges in connection with vehicular assault or vehicular homicide, you may need to take steps not only to prove that you were not intoxicated, but to prove that you were not responsible for the serious injury or death of another person that occurred.

Contact a Denver DUI Defense Attorney 

If you are facing felony DUI charges in Denver or anywhere else in Colorado, it is critical to hire an attorney to assist you with your defense. You could be facing severe penalties in the event of a conviction, including significant jail time. Contact one of the experienced Denver DUI defense lawyers at DeChant Law today to discuss your situation and to begin working on a defense strategy based on the facts of your case.

Sources:

law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/

leg.colorado.gov/bills/hb17-1288