Can I Get Probation for A DUI or DWAI Charge in Colorado?

Have you recently been pulled over and accused of DUI or DWAI? It’s imperative that you retain experienced legal representation immediately as the consequences on the line can be severe.

Clients and potential clients of an experienced Colorado DUI attorney frequently hear the word probation when talking about their DUI case, but rarely understand how it works and when probation may be assessed. If you have been charged with any driving case related to alcohol in Colorado and your case ends in a conviction, you are almost guaranteed to at some point in time be placed on some form of probation. Probation is mandatory for all second and following offenses. T

The court has discretion, however, on whether or not to impose probation as a conviction consequences for first time DWAI or DUI offenders, but many courts do impose probation. Unsupervised probation is rare and is typically is only reserved for specific cases that have extenuating circumstances or facts. Do not when talking you will be assigned unsupervised probation if convicted in Colorado.

Supervised probation is much more likely in your case because of meetings with a probation officer. Other aspects of probation the consequences those monthly meetings with a probation officer, a monthly supervision fee that is paid as part of your court cost or directly to the probation department and likely community service hours.

Probation often requires that you pay your fines in court cost in full or have established a payment plan to address these. You should talk with your lawyer directly about whether or not you can expect that probation may be assigned.

Study Shows That Colorado Crime Rates Increased Faster Than the Remainder of the Nation

A 2017 study identified that crime rates may be moving at a faster pace in Colorado when compared with other locations. They found that crime rates remained static or dropped in many of the nation’s biggest 30 cities last year. However, the crime rate per 100,000 people in Colorado spiked by as much as 3.4%. The primary crimes driving that number were murder, robbery, rape and auto thefts. The crime rate increase that occurred in Colorado in 2016 was 11 times faster than the 0.3% average increase reported in the 30 biggest cities across the country, according to research completed by the Brennan Center for Justice. The number of homicides in Colorado spiked in 2016 by 9.9% and nearly one in three of those homicides was committed in Denver.

As a result of these crime statistic, it may be the case that authorities are taking allegations of crimes much more seriously. The homicide rate across the state of Colorado, considering the population, increased 6.3% for every 100,000 residents. Some legal experts, Colorado lawmakers and the police claim that the marijuana industry has drawn more criminals to the state. However, it is still the case that a person who did not commit a crime could be wrongfully facing allegations and not realize the severity of the situation until it is too late.

If you suspect that you’re already under investigation or if you’re facing charges, the time to get help for your legal claim is now. You need someone to fight back and help to advise you about your best interests during this otherwise overwhelming time. The support of an attorney is unmatched when you need to clear your name and your record. Being accused of any crime in Denver is a serious situation.

If you have already been accused of a crime, you need to schedule a consultation with an experienced criminal defense attorney in Denver as soon as possible. The consequences of being convicted of a crime may follow you for many years and may be avoided entirely or in part by getting the help of an experienced lawyer.

First DUI Offense Ignition Interlock Requirements in Colorado

First DUI Offense Ignition Interlock Requirements in Colorado

Being accused of a DUI is a serious matter no matter how it happens. Without understanding your rights, you could be facing serious penalties. That’s why you need to hire a Colorado DUI defense lawyer immediately after being accused.

Any driver who is aged 21 and above who is stopped for a DWAI or a DUI offense in the state of Colorado and has submitted a breath or blood test ringing in at 0.08 BAC or higher or has refused a chemical test, is subject to having their driver’s license revoked. Out-of-state residents who are stopped anywhere in Colorado are subject to the same process and term as regular Colorado residents.

License Suspensions and Consequences for DUI in Colorado

The license suspension for a blood or breath test result of more than 0.08 but less that 0.15 is 9 months. Colorado residents may also be eligible to reinstate this early after 30 days of no driving with an ignition interlock on their vehicle for an 8-month period. 100% compliance enables an individual to have this ignition interlock device removed after 4 months. In the event that your blood or breath test is higher than 0.15 or if you refuse a chemical test, the ignition interlock requirement is for a 2-year period. Colorado will also label these drivers as persistent drunk drivers. Individuals who submit a chemical test of 0.15 or higher is eligible for reinstatement as a Colorado resident after 30 days of no driving. Those who refuse a chemical test may be eligible after 60 days of no driving.

Given that not being able to drive could impact your ability to carry out your life as well as complete responsibilities for your work, it is important to identify an experienced Denver DUI defense attorney as soon as possible. This can make a significant impact on whether or not you are able to succeed with your case and put these charges behind you. If you are in the state of Colorado and have been accused of DUI, it is imperative that you take this charge seriously and contact a knowledgeable attorney as soon as possible.

Facing charges for a DUI Offense? If so, your future is on the line. Contact our office today for a free criminal defense consultation. It may be on of the most important phone calls of your life. Denver Office: 303-981-6366

Englewood Office: 303-595-4342

Colorado Criminal Code: Offenses Against Property: Trespass, Criminal Tampering, and Criminal Mischief

The Crime of Criminal Mischief in Colorado

A person who knowingly damages the real or personal property of another, including property owned by the person jointly with another person or property owned by the person, in which another person has an interest, commits criminal mischief. 18-4-501 (1)

Criminal mischief is class 2 misdemeanor when the aggregate damage to real or personal property is less than $500. 18-4-501 (1)

Criminal mischief is a class 1 misdemeanor when the aggregate damage to real or personal property is $500 or more but less than $1,000. 18-4-501 (1)

Criminal mischief when the aggregate damage to real or personal property is at least $1,000, but less than $20,000, is a class 4 felony. 18-4-501 (1)

Criminal mischief when the aggregate damage to real or personal property is at least $20,000 is a class 3 felony. 18-4-501 (1)

The Colorado Crimes of Criminal Trespass

The Crime of First degree criminal trespass in Colorado

A person who knowingly and unlawfully enters a building or enters a car with intent to commit a crime therein commits a class 5 felony. 18-4-502

The Crime of Second degree criminal trespass in Colorado

A person commits the crime of second degree criminal trespass if he or she: unlawfully enters or remains in or upon premises which are enclosed in a manner designed to exclude intruders or which are fenced; knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or knowingly and unlawfully enters or remains in a motor vehicle of another. 18-4-503 (1)

Second degree criminal trespass is a class 3 misdemeanor unless the premises have been classified as agricultural land. 18-4-503 (2)

Second degree criminal trespass on premises that have been classified as agricultural land pursuant to section 39-1-102 (1.6) is a class 2 misdemeanor. 18-4-503 (2) (a)

It is a class 4 felony if a person unlawfully enters or remains on fenced or enclosed premises classified as agricultural land with the intent to commit a felony. 18-4-503 (2) (b)

The Crime of Third degree criminal trespass in Colorado

Unlawfully entering or remaining on premises that have been classified as agricultural land pursuant to section 39-1-102 (1.6) is a class 3 misdemeanor. 18-4-504 (2) (a)

It is a class 5 felony if a person unlawfully enters or remains on premises classified as agricultural land with the intent to commit a felony. 18-4-504 (2) (b)

The Colorado Crimes of  Criminal Tampering

The Crime of First degree criminal tampering in Colorado

Tampering with the property of a utility or an institution providing health or safety protection with the intent to interrupt or impair service is a class 1 misdemeanor. 18-4-505

The Crime of Second degree criminal tampering in Colorado

A person commits the crime of second degree criminal tampering if he or she tampers with the property of another with the intent to cause injury, inconvenience, or annoyance or if he or she knowingly makes an unauthorized connection with the property of a utility. Second degree criminal tampering is a class 2 misdemeanor. 18-4-506

Tampering with oil or gas gathering operations. Knowingly destroying, breaking, removing, or otherwise tampering with (including attempts to do so) any equipment associated with oil or gas gathering operations is a class 2 misdemeanor. 18-4-506.3 (1)

Knowingly altering, obstructing, interrupting, or interfering with (including attempts to do so) the action of any equipment used or associated with oil or gas gathering operations without the consent of the owner or operator is a class 2 misdemeanor. 18-4-506.3 (2)

The Crime of Tampering with utility meters in Colorado

Connecting any device or instrument with any known medium conducting or supplying gas, water, or electricity to any building without authorization is a class 2 misdemeanor. 18-4-506.5 (1)

Altering, obstructing, or interfering with the action of any meter provided for measuring or registering the quantity of gas, water, or electricity passing through said meter without authorization is a class 2 misdemeanor. 18-4-506.5 (2)

The Crime of Defacing or destruction of written instruments in Colorado

Defacing or destroying, with intent to defraud, any written instrument evidencing a property right is a class 1 misdemeanor. 18-4-507

The Crime of Defacing, destroying, or removing landmarks, monuments, or accessories in Colorado.

Defacing, destroying, or removing landmarks, monuments, or accessories is a class 2 misdemeanor. 18-4-508 (1) and (2)

The Crime of Defacing property in Colorado

Lakewatches

A person who destroys, defaces, removes, or damages any historical monument commits the crime of defacing property. The crime of defacing property also occurs when a person defaces, causes, aides, or permits the defacing of public or private property without consent by use of paint, spray paint, ink, or other method that otherwise mars the surface of the property. Finally, a person who defaces or damages a public or private cave commits the crime of defacing property. 18-4-509 (1)

The first conviction for defacing property is a class 2 misdemeanor. 18-4-509 (2) (a)

A second or subsequent conviction for defacing property is a class 1 misdemeanor. 18-4-509 (2) (a)

 

Have you been arrested and charged with a criminal offense?

If so, your future is on the line. Contact Richard B. Huttner, P.C. today for a free criminal defense consultation. It may be the most important phone call of your life. Denver Office: 303-981-6366
Englewood Office: 303-595-4342

Hire Qualified Dui Lawyer Denver

Every individual  has inherent rights and for those who have come into conflict with the law, one may not know the rights that they have. Richard B. Huttner is a DUI lawyer in Denver that will work to ensure that your rights are protected. Driving under the Influence is a charge that, depending on your blood alcohol level and/or your refusal to take a chemical test, could ultimately mean your license being revoked. We don’t want to see that happen if it doesn’t have to happen.

A DUI lawyer in Denver such as Richard B. Huttner can assist you in exposing the weaknesses that there often are in these government cases. Through consultations with expert personnel, we may be able to uncover grounds for the case to be dismissed or perhaps why/how to obtain a better plea bargain. Your rights are protected with a Denver DUI lawyer like Richard B. Huttner who will work to ensure that whether you are wrongly accused or guilty as charged, that your rights and freedoms are protected at all times.

You will be able to sleep at night knowing that a trained professional is there to ensure that you are dealt with fairly by the justice system. Richard B. Huttner is a DUI lawyer in Denver that will act as your consultant in making informed decisions as your case proceeds.

A DUI charge isn’t just limited to the suspension of your license. It means a mark on your criminal record which may affect your ability to work and/or travel. Your car insurance payments may increase and increase significantly to the point where they are no longer affordable. It’s imperative that you understand what’s at stake. As your DUI lawyer in Denver, we specialize in defending people like you who have been charged with an impaired driving offense.

Ultimately what we’re here to do is to give you a bit of information on the process and relieve some of the stress of the situation. When you’re put into a situation where there’s all this at stake, you want to be prepared. As your DUI lawyer in Denver, we can afford you the opportunity at beating the charge.

We certainly can’t promise anything but there’s hope with a knowledgeable DUI lawyer in Denver. We have eyes where you don’t. We know that impaired driving charges can be difficult to prove and we may have a defense that will cause your charges to be dismissed. We may be able to negotiate a plea deal to a lesser offense on your behalf. Our expertise and training will be essential should your case proceed to trial. Whichever of these three options we have at our disposal, we know what to do, when to do it, where to do it, and why to do it.

Richard B. Huttner is a DUI lawyer in Denver who can meet with you to discuss your case. He specializes in local impaired driving laws, local cases that may be similar to yours that could have an effect on the outcome of your trial, and the Denver courthouse procedures, judges, and prosecutors.

Walk in prepared with a DUI lawyer from Denver. Walk in prepared with Richard B. Huttner.

Colorado criminal code offenses against public peace order decency harassment

The Crime of Criminal Attempt in Colorado

Intentionally engaging in conduct that constitutes a substantial step towards the commission of a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor. 18-2-101 (7)

Criminal attempt to commit a class 1 misdemeanor is a class 2 misdemeanor. 18-2-101 (6)

Criminal attempt to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony. 18-2-101 (5)

Criminal attempt to commit a class 5 or class 6 felony is a class 6 felony. 18-2-101 (4)

Criminal attempt to commit a class 4 felony is a class 5 felony. 18-2-101 (4)

Criminal attempt to commit a class 3 felony is a class 4 felony. 18-2-101 (4)

Criminal attempt to commit a class 2 felony is a class 3 felony. 18-2-101 (4)

Criminal attempt to commit a class 1 felony is a class 2 felony. 18-2-101 (4)

The Crime of Conspiracy in Colorado

Criminal conspiracy. A person who agrees with another person to engage in conduct that constitutes a misdemeanor defined outside of the Criminal Code, or who agrees to attempt to commit such a misdemeanor, or who agrees to aid another in the planning, commission, or attempt to commit such a crime, with the intent to facilitate or promote commission of such crime, commits a class 3 misdemeanor. 18-2-201 (5)

Conspiracy to commit a misdemeanor other than a class 1 misdemeanor is a class 3 misdemeanor. 18-2-206 (5)

Conspiracy to commit a class 1 misdemeanor is a class 2 misdemeanor. 18-2-206 (4)

Conspiracy to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony. 18-2-201 (5)

Conspiracy to commit a class 5 or class 6 felony is a class 6 felony. 18-2-206 (1)

Conspiracy to commit a class 4 felony is a class 5 felony. 18-2-206 (1)

Conspiracy to commit a class 3 felony is a class 4 felony. 18-2-206 (1)

Conspiracy to commit a class 2 felony is a class 3 felony. 18-2-206 (1)

Conspiracy to commit a class 1 felony is a class 2 felony. 18-2-206 (1)

The Crime of Solicitation in Colorado

Criminal solicitation. A person who attempts to persuade another person to commit a felony defined outside of the criminal code and for which no penalty is specified commits a class 6 felony. 18-2-301 (5) and 18-2-101 (4)

Criminal solicitation to commit a class 5 or class 6 felony is a class 6 felony. 18-2-301 (5) and 18-2-101 (4)

Criminal solicitation to commit a class 4 felony is a class 5 felony. 18-2-301 (5) and 18-2-101 (4)

Criminal solicitation to commit a class 3 felony is a class 4 felony. 18-2-301 (5) and 18-2-101 (4)

Criminal solicitation to commit a class 2 felony is a class 3 felony. 18-2-301 (5) and 18-2-101 (4)

Criminal solicitation to commit a class 1 felony is a class 2 felony. 18-2-301 (5) and 18-2-101 (4)

Have you been arrested and charged with a public peace order offense or decency harassment?

If so, contact our office immediately to learn about your options with a no-cost criminal defense consultation.

Denver Office: 303-981-6366
Englewood Office: 303-595-4342