Cascade, CO DUI and DWAI Law Firms & Lawyers

What charges are filed by the DA and to what severity would depend on the facts of your case and any other prior drug or alcohol related convictions. Even if this is a first offense, I would reccomend retaining a DUI attorney in your area as soon as you can. There are certain deadlines and timelines that must be followed in order to preserve your rights.

If you take the misdemeanor conviction, it is a conviction.  While reckless is not as bad as DUI, if it's a reckless with alcohol involved it is priorable for 10 years like a DUI (likely jail time for second conviction).  If you fight and win, you can avoid having a conviction on your record.  If you lose, it's a DUI conviction.  .08 % means that with the machine uncertainty alone (+/- .01) you can beat the B count (driving with .08% BAC or above), not taking into account the accuracy/calibration maintenance etc. Beating the A count (impaired) has more to do with the driving and the FSTs. If you were pulled over for something that wasn't bad driving and if you did ok on the FSTs, then you can reasonably be expected to beat the A count. Be aware that the prosecutor can use the recent Vangelder case to limit your lawyer's ability to attack the B count on physiological grounds.   If you're worried about money, fighting this is not cheap.  Going to trial will involve 5-6 days of time at trial, lawyers fees, expert fees, et c. If you're more worried about your reputation and the fact that you probably weren't over .08% at the time of driving or impaired, then unless they are offering you a non-alcohol lesser offense, you risk little by going to trial.