Also see our Denver Vehicular Homicide and Vehicular Assault Defense page…

Denver DUI Defense Lawyers

Driving under the influence of alcohol or drugs, or better known as DUI,  is a serious criminal offense in Denver all other Colorado counties.  A criminal conviction for DUI can result in severe consequences that can include a lengthy jail sentence, a loss of your privilege to drive a motor vehicle in Colorado, and lengthy and expensive court ordered alcohol and/or drug treatment.  The stigma that a DUI criminal conviction brings with it can also be very damaging for any future endeavors that you wish to pursue such as employment, professional licensing, or obtaining student loans.  This stigma will also cause significant damage to your reputation among friends, family and within the community in general.  If you have been charged with DUI or Driving While Ability Impaired, better known as DWAI, you need an aggressive DUI criminal defense attorney who is experienced and who cares about how this charge will affect you and your future.  The Denver criminal defense attorneys at Frankfurt & Trani specialize in Driving Under the Influence crimes and can help you avoid or mitigate the consequences that you face.  Contact one of our DUI defense lawyers as soon as possible for your FREE Consultation.  (303) 830-0090.

Recently, both legislators and prosecutors have aggressively targeted those people charged with DUI related crimes in Denver metro area.  One state legislator from Boulder has suggested mandatory jail sentences for some DUI offenses in Denver.  There has also been legistlative movement to classify some DUI crimes as felonies, subjecting offenders to possible prison time.  For these reasons, it is wise to have aggressive DUI defense attorneys with you when you appear in court and when you are confronted by the department of motor vehicles.  Our experienced DUI attorneys will be able to explain to you the relevant law and procedure that you will be confronted with throughout the process and will be able to deal with the prosecutor handling your case so that you are not taken advantage of and will receive the best possible outcome.

What is Driving Under the Influence in Colorado?

Colorado law prohibits a person from operating or having physical control of a motor vehicle when his or her blood alcohol content is 0.08 percent or greater.  This is what is considered DUI “per se” and is the first way that a person may be charged with Driving Under the Influence.  In other words, if it is established that a person’s blood alcohol content is 0.08 percent or greater, the police need no further evidence to charge that person with DUI, and the prosecution need no additional evidence to gain a conviction for DUI.  The blood alcohol content is attained through either a blood or breath test obtained by the investigating police officer at the time of the arrest. 

The second way that an individual may be charged with DUI is if an investigating officer has evidence that that individual is “substantially impaired” by the consumption of alcohol or drugs, or both, to operate a motor vehicle.  While this second type of DUI offense is often charged along with a per se DUI, it is especially relevant if the suspect has refused an officer’s request to submit to either a blood or breath test.  In such a case, the police must have sufficient evidence that the suspect was substantially impaired by the consumption of alcohol or drugs, or both, in order to charge that person.  Likewise, a prosecutor must have sufficient evidence to prove that a person is guilty of DUI in order to obtain a conviction.  Evidence for this type of DUI usually includes evidence of poor driving, an accident, failure to perform any one or all of voluntary roadside maneuvers conducted at the scene of the traffic stop, or an admission of the consumption of alcohol prior to driving.

Additionally, Colorado law prohibits a person from operating or having physical control of a motor vehicle when his or her ability to operate that vehicle is “impaired to the slightest degree.”  This is known as Driving While Ability Impaired, or DWAI, and is considered a lesser criminal offense that either DUI or DUI Per Se.  Evidence required for such a charge may include either a blood or breath test showing that a person does have alcohol in their system, albeit less than 0.08 percent, or other evidence of bad driving, failure of voluntary roadside maneuvers, or an admission that the suspect has consumed alcohol prior to driving.

Driving Under the Influence may also be charged where a police officer believes that a person is “substantially impaired” by the consumption of drugs, either legal or illegal.  Again, this must be established through evidence obtained by the investigating officer such as poor driving, failure of the voluntary roadside maneuvers, or an admission of the use of drugs prior to driving.

In all cases, an officer must also have evidence that the person to be charged with DUI was operating, or had physical control over, a motor vehicle at the time of impairment.

DUI Criminal Defense

A per se DUI may be attacked by a knowledgeable Denver DUI defense lawyer when there is evidence that there is either a problem with the test that was used to determine the blood alcohol content alleged, or a problem with the manner in which the test was conducted by the police certified operator or lab technician.  In some cases, a DUI defense attorney can actually have your blood or breath sample retested by an independent toxicologist.

In all other cases, an experienced Denver DUI defense attorney will look at the purported evidence of the alleged DUI or DWAI used by the police to charge you.  An aggressive DUI defense attorney will look to attack the investigating officer’s observations by showing that they are subjective in nature and not nearly as severe as he or she alleges.  For example, if a DUI client has failed the “one legged stand” during the voluntary roadside maneuvers, the defense attorney might look to show that the client has some other physical impairment, that exists independent of any use of alcohol or drugs, that explains his or her failure of that maneuver.

The DUI lawyers at Frankfurt & Trani, P.C. are highly specialized criminal defense attorneys who have proven track records of successfully representing the interests of individuals charged with DUI in Denver, Colorado and the surrounding areas.  We are not only there with you through the criminal process, but also handle Department of Motor Vehicles hearings to work to preserve your driving privileges.  Our Denver DUI attorneys will aggressively work to protect and defend your rights at every stage in the criminal proceedings and obtain the best results possible.

For more information on our DUI criminal defense practice please view this video.

 Other Alcohol and Driving Related Criminal Offenses

When a DUI in Denver results in death or serious bodily injury of another person, a person will be faced with the more serious charges of Vehicular Homicide and Vehicular Assault.  Both Vehicular Homicide and Vehicular Assault are felonies in Denver and all counties in Colorado.  Those convicted of such charges face potential lengthy prison sentences.  It is absolutely essential that those charged with Vehicular Homicide or Vehicular Assault in Denver have experienced and aggressive criminal defense attorneys on their side.  The criminal defense of such cases involves the use of accident reconstruction experts and toxicologists.  At Frankfurt & Trani, P.C., we work with the best experts to assist us with our clients’ DUI, Vehicular Homicide and Vehicular Assault defense.  We have a proven track record that includes both, trial acquittals and favorable deals made with prosecutors.

The Denver DUI Attorneys at Frankfurt & Trani, P.C. are not only dedicated to providing aggressive Driving Under the Influence/DUI, Vehicular Homicide and Vehicular Assault defense, but also to making sure that you understand your rights, and to obtaining the best results possible.  The firm is available 24 hours a day, 7 days a week, and provides FREE Consultations.  Call us now.  (303) 830-0090.     

Recent Case Results

* Vehicular homicide, vehicular assault, and DUI charges.  Acquittal after jury trial – Adams County, Brighton, Colorado.

* Driving Under the Influence/DUI and obstructing police officer.  Acquittal on both charges after jury trial – Denver County, Denver, Colorado.

* Driving Under the Influence/DUI charge.   Defense Lawyer’s negotiation with prosecution resulted in Dismissal of charge – Douglas County, Castle Rock, Colorado

* Vehicular Assault charge.  Investigation and negotiation by defense lawyer resulted in plea bargain avoiding felony conviction and resulting in probation with no jail or prison time – Arapahoe County, Centennial, Colorado.

* Vehicular homicide charge.  Finding of lesser charge after jury trial – Adams County, Brighton, Colorado.

* Vehicular assault and DUI charges.  Negotiations by defense attorney resulted in probation with no incarceration.  Weld County, Greeley, Colorado.

* DUI, Driving Under the Influence & DWAI, Driving While Ability Impaired.  Acquittal on both charges – Denver County, Denver, Colorado.

* Vehicular Homicide Investigation of client. Investigation and negotiation by defense lawyer resulted in deferred judgment to a traffic misdemeanor offense of careless driving – Jefferson County, Golden, Colorado. 

DO YOU HAVE A CASE? Please call us at (303) 830-0090 or use this easy email form below to send us an email.

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