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Denver criminal and DUI practice areas
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Denver drunk driving defense attorney Colorado DUI defense lawyer

Denver DUI Attorney

As both a Denver DUI attorney and former Deputy District Attorney, Jay Tiftickjian has handled approximately a thousand DUI and DWAI cases in Colorado. He has obtained Not Guilty jury trial verdicts on DUI and DWAI charges, dismissals of DUI charges prior to trial, and has an established history of successful DUI case results. If you have recently been arrested and charged with a DUI offense in Colorado, your rights need to be addressed as early as seven days after your arrest in order to preserve your driver’s license. Our Denver DUI law firm defends your freedom in court and your driver's license at the Department of Revenue.

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New Colorado laws concerning alcohol revocations and probationary driver’s licenses became effective on January 1, 2009. These changes provide longer driver’s license revocations for first offenses. If you are facing the loss of your driver’s license based on a recent DUI arrest, you need to immediately contact an experienced Denver DUI attorney to receive the proper legal advice as to how to preserve your driving privileges. An experienced Colorado DUI attorney should have not only an extensive history of successful DUI case results in Colorado’s criminal courts, but also experience representing clients in administrative proceedings at the Colorado Department of Revenue concerning driver’s license revocations.

A DUI or DWAI charge arising from an allegation of drinking and driving can result in incarceration and an extended driver’s license revocation, even for a first offense. In addition, someone facing a DUI charge often is also facing a number of other traffic offenses arising from the same incident. A skilled and knowledgeable defense attorney can also negotiate pending traffic offenses with the goal of minimizing potential driver’s license consequences.

How much will a good Denver DUI attorney charge in Colorado?

Steps to Take if Charged with a DUI or DWAI in Colorado

DUI Laws in Colorado

DUI stands for Driving Under the Influence. Colorado law presumes a person is driving under the influence if he or she operates a vehicle with a blood alcohol content (BAC) at or above 0.08, and/or has consumed alcohol or drugs to a degree that he or she is substantially incapable, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Even a blood-alcohol level under .08 can result in criminal charges. DWAI, or Driving While Ability Impaired, applies in situations where one has been drinking and/or taking drugs that affects him or her, to even the slightest degree, that he or she is less able than a person ordinarily would be, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Colorado law presumes one to be impaired by alcohol if his or her blood alcohol level between .05 and .08.

Field Sobriety Tests in Colorado

Standardized field sobriety tests, or voluntary roadside maneuvers, are generally conducted by police officers to determine whether there is probable cause to arrest and request a breath, blood or urine test to determine whether the suspect is under the influence alcohol or drugs. In Colorado, these tests are voluntary, and a person will not lose his or her license for refusing to participate in field sobriety tests. If an officer believes there is probable cause to arrest on suspicion of DUI based on the officer’s initial observations and the suspect's performance on the field sobriety tests, the officer will place the suspect under arrest and will request a chemical test.

Field sobriety tests should be done on a dry and flat surface, but are often conducted on the uneven and dangerous shoulders of busy highways and roads. Many individuals who suffer physical impairments have a difficult time completing these tasks, irrespective of alcohol consumption. Weather conditions can also be a factor. In addition, the stress of law enforcement contact may have an impact on the officer’s subjective determination of the suspect's performance.

Following are common field sobriety tests used by law enforcement in Colorado:

I. The Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus test (HGN) is conducted by an officer holding an object in front of the suspect’s face and slowly moving it horizontally from side to side. The officer directs the suspect to follow the object with his or her eyes while the officer checks for any signs of involuntary movement categorized as nystagmus. Nystagmus is an involuntary jerking movement of the eye. If the suspect’s eyes display nystagmus prior to reaching a 45 degree angle, it may be an indicator of a high BAC.

Involuntary nystagmus can occur irrespective of alcohol consumption. Many people who take medications or suffer neurological disorders can display nystagmus. In addition, a law enforcement officer conducting roadside tests likely does not have the medical and neurological training to recognize and diagnose this condition.

II. The Walk and Turn Test

The walk and turn test is another popular roadside maneuver used to make a probable cause determination regarding whether a suspect is under the influence of alcohol or drugs. During this roadside test, the officer instructs the suspect to keep his hands at his or her side and complete two series of nine heel-to-toe steps on a visible line or walk parallel to a curb. The officer observes from a distance and looks for the following indicia:

III. One-Leg-Stand Test

The one-leg-stand test requires the suspect to raise one foot while counting out loud for as many as 30 seconds. The officer will look for any indications of intoxication, such as:

Choosing a Breath or Blood Test in Colorado

In Colorado, an officer must advise a suspect under arrest for suspicion of DUI of his or her express consent right. This advisal is contained in Colorado’s Department of Public Health and Environment’s Rules Pertaining to Testing for Alcohol and Other Drugs, and reads as follows:

You are required to take, complete or cooperate in completing an evidential chemical test to determine the alcoholic content of your blood or breath (C.R.S. 42-4- 1301.1(2) (A) (I)). The chemical test you choose is the test you will be taking. You cannot choose a different test later. (C.R.S. 42-4- 1301.1(2) (A) (II)). If you choose a blood test, two (2) tubes of blood will be drawn. One tube belongs to you and you may have it tested at a Health Department Certified Independent Laboratory of your choice. If you choose a breath test, two (2) breath samples will be analyzed by a certified evidential breath alcohol testing device following an approved standard operating procedure. You will not receive a sample to have independently tested by a certified laboratory.

If you refuse to take, complete or cooperate in completing an evidential chemical test to determine the alcoholic content of your blood or breath your driving privilege may be revoked. (C.R.S. 42-2-126(2)(A)(II))"

Refusing a blood, breath or urine test will result in a driver’s license revocation for at least one year and the suspect will be charged with a DUI.

Challenging Blood Alcohol Results in Colorado

A chemical blood-alcohol test is generally administered by law enforcement to determine a suspect’s blood alcohol content level (BAC).

I. The Breath Test in Colorado

One of the most popular instruments used to determine a suspect’s BAC is the breathalyzer machine. In Colorado, the Intoxilyzer 5000EN is the only device authorized for evidentiary breath alcohol testing. These machines should be certified, maintained and repaired by a state-certified laboratory. Additionally, there should be regular on-site evaluations of all law enforcement agencies that use these devices, and all law enforcement officers who operate this machine should have proper training and certifications. Standards of performance for these laboratories include personnel qualifications, a standard operating procedure manual, proficiency testing, quality control testing, proper security, chain of custody testing, and proper specimen retention. An experienced Denver DUI attorney will know where and how to obtain and analyze these records.

The breathalyzer machine can be faulty and produce incorrect readings based on improper calibration or operator error. Other factors that could cause inaccurate test results are malfunctions by the machine or the presence of ambient alcohol due to the suspect belching, burping, eating or swallowing something within 20 minutes prior to the test.

II. The Blood Test in Colorado

The other method of determining blood-alcohol content is by the use of a blood test. There are many statutes and administrative regulations in Colorado concerning how blood is to be collected from a suspected drunk driver. In addition, there are chain-of-custody issues relating to how a suspect’s blood is logged into evidence and transported to a criminalistics laboratory. Laboratories that analyze blood are routinely inspected and issued certifications when they demonstrate compliance with department standards. An experienced Denver DUI attorney will be able to determine whether the proper procedures were used in collecting and analyzing the suspect’s blood. In most circumstances, an experienced DUI attorney will also be able to have the blood retested by an independent laboratory to challenge the results of the original test.

Ignition Interlock Devices in Colorado

An Ignition Interlock Device is a device approved by the Colorado Department of Public Health and Environment that (1) is installed in a motor vehicle; (2) measures the breath alcohol content of the driver before a vehicle is started; (3) periodically requires additional breath samples during vehicle operation, and; (4) prevents a driver from starting a motor vehicle or continuing normal operation if the interlock device measures alcohol on his or her breath.

For offenses on or after January 1, 2009, the administrative driver’s license revocation for first time offenders with a blood-alcohol level of .08 or more was increased to nine months of no driving. Early driver's license reinstatement is conditioned on the mandatory installation of an interlock device after the first 30 days of no driving. Those who have been revoked based on a prior alcohol offense face stiffer and lengthier revocations. In addition, drivers with a BAC test at or above 0.17, or repeat offenders, are required to install and drive with an interlock device on their vehicles for at least two years after any other license restraint period has ended. The cost of this ignition interlock contract is between $60 and $70 per month plus installation and calibration fees. Each vehicle registered to the driver must have an interlock device installed.

A certified ignition interlock device contract can be obtained from the following providers near Denver, Colorado:

Smart Start, Inc.
Westminster, CO 80030
1-800-880-3394

National Interlock Services Ltd.
Aurora, CO 80011
1-800-475-5490

Guardian Interlock Systems
Denver, CO 80022
1-800-499-0994

Draeger Safety Diagnostics, Inc.
Denver CO 80216
1-800-332-6858

The Tiftickjian Law Firm, P.C. provides DUI defense in the state of Colorado including Adams County, Arapahoe County, Boulder County, Broomfield County, Denver County, Douglas County, Jefferson County and Summit County. These areas include Denver, Englewood, Aurora, Littleton, Centennial, Highlands Ranch, Castle Rock, Golden, The Denver Tech Center, Lakewood, Englewood, Fort Collins, Arvada, Brighton, Westminster, Thornton, Superior, and across the Front Range. If you have been charged with a criminal, DUI or traffic offense in the state of Colorado, contact the Tiftickjian Law Firm, P.C. for a complimentary consultation.

Our law offices are located at 3801 East Florida Ave, Suite 400, Denver, CO 80210
Phone: (303) 991-5896

Denver criminal and DUI case results