Distracted Driving Lawyer in Denver, CO
A Distracted driving lawyer in Denver, CO from The Law Firm of Richard J. Banta, P.C. knows that most people are aware of what a DUI is. The law takes seriously cases of people driving while under the influence of alcohol. So, it is important to understand the law so you can protect your rights and avoid an unfair DUI charge. If you were recently arrested for a DUI, then we strongly advise speaking with a DUI lawyer in Denver, CO from our law firm today.
There are three types of DUIs and most people do not fully understand the difference between them. Your Denver, CO Distracted driving lawyer can explain the variances between each, and possible defenses to use for your case. The types of DUIs are:
- Per Se DUI
- Simple DUI
- Aggravated DUI
Per Se DUI
The per se DUI is the simplest form of DUI. There is a law that states you cannot operate a vehicle with a blood alcohol content level above 0.08. If you take a sobriety test and your blood alcohol level content is shown to be above that, it is assumed that you are too impaired to drive safely and will be charged with a DUI. This type of DUI is called a per se DUI.
However, it is worth noting that it is possible the arresting officer did not perform the breathalyzer or field sobriety test fairly. If you believe that the officer who pulled you over had violated your rights, then you need to contact a Distracted driving lawyer in Denver, Colorado immediately.
As a Colorado Distracted driving lawyer in Denver may inform you during a consultation, there are actually two laws that govern impaired driving. In addition to the rule that you cannot have a blood alcohol content level above 0.08, there is a second law that states you cannot drive while impaired. This second law is intentionally subjective. It covers anyone who is too drunk to safely drive despite having a blood alcohol content level below 0.08, or anyone who is impaired by non-alcoholic mind-altering substances.
If you receive a DUI for breaking this second law, you will receive a simple DUI. It is up to the arresting officer to decide if you are too impaired to drive safely. This decision is made on a case-by-case basis, so there is plenty of room for flaws and misunderstandings.
Aggravated DUIs are a more severe version of the DUI charge. You will be given an aggravated DUI if your impaired driving caused a serious accident or bodily harm to someone. You may also receive an aggravated DUI if your blood alcohol content level is shown to be above 0.16. In some states, you do not have the right to refuse a sobriety test. In these states refusing the test may lead to an aggravated DUI. Finally, if you broke other laws along with your DUI, it may be upgraded to an aggravated DUI.
It is crucial to know the specific laws for your state regarding DUI arrests, which is information you can obtain by visiting our law firm. If you were recently arrested for a DUI, the best thing you can do to protect yourself is to obtain legal representation. Please call a CO Distracted driving lawyer from The Law Firm of Richard J. Banta, P.C. right now.