Have you been arrested for DUI or DWI?

Being arrested for drunk driving is a serious offense that can have different consequences for each individual depending upon the particulars of the case. It is imperative that anyone facing such a charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced Denver attorney will help you understand all of your rights and options.

What happens if I was arrested for DUI or DWI?
Under the state law, once you have been cited for violating the DUI or DWI statute, the state initiates two simultaneous, yet separate legal actions against you. The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. Make sure to talk to you Denver DUI attorney so you fully understand the differences and the penalties that go along with them.

When is my Administrative Hearing?
In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request within the appropriate number of days. Failure to do so will result in the automatic suspension of your driving privileges. This number varies from state to state but is often 10 or 15 days. Once the arresting officer retains your state issued driver’s license, you are issued a “Notice of Suspension/Revocation of Your Driving Privileges” form. This form will serve as your driver’s license in lieu of the one retained by the officer until your Administrative Hearing. Once the state receives your request for a hearing, they will notify you as to the date and time of your Administrative Hearing. This will be something taken care of by your DUI attorney, a key reason you need to hire one!


Do I need an attorney if I was arrested for DUI or DWI?
DUI/DWI laws can be confusing and complicated, and you may not be aware of the potential defenses available to your case. An experienced and competent DUI attorney can fight for your rights and guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation.

Will Your DUI Attorney Do Justice in Your Case?

How is justice achieved in our criminal justice system if you are charged with a DUI?

The justice system in Denver and throughout America is based upon the idea that if both the prosecutor and the defense attorney know the law, have the appropriate skills to do their jobs, and fight zealously for their side, then the truth will be known and justice will be done. This isn't always the case, especially in drunk driving cases which are usually more complex and offer more opportunities for dui lawyers to make mistakes.

I'm sure you are asking yourself some questions. What if your Denver DUI attorney doesn't know the law? What if your DUI lawyer doesn't have the necessary skills to do the job? What if your attorney doesn't fight passionately and do all that he or she can to win your case? If your DUI lawyer fails any one of these criteria, then justices will not be done. But you will be the only one to get hurt because of it.

These questions bring other questions and worries to mind. How are you supposed to be able to tell whether or not your Denver DUI attorney knows the law? Isn't that why attorneys go to law school anyway, to know the law?

How can I know if my attorney doesn't have the skills necessary to handle my case? What skills are necessary anyway?

How can I know whether or not my attorney has done all he could do to defend me and win my case. Besides, what are all the different things an attorney can do to win a case?

These are all questions that many defendants have but are afraid to ask. But you might also be asking, "Well can't I just win on appeal if my attorney screws up?" Read on.

Winning on Appeal and Ineffective Assistance of Counsel in DUI Cases
During my years as a prosecutor and defense attorney, I was able to see all too well exactly how our criminal justice system works in America. I got to see all the good and all the bad. In everything I saw, one observation stood out; every day too many people charged with a crime lost their case or accepted a very bad plea bargain from the prosecutor all because of hidden mistakes that their attorneys made. And since DUI cases were more complex there were more mistakes made in those cases

What was worse was the fact that almost none of these defendant's ever knew or even suspected that their dui attorney had done anything wrong. And even worse than that, was the fact that if they had even known the attorney had screwed up, under the laws of the land very few of these cases would ever be able to be overturned on appeal.

You see, the law states that a case can be thrown out if there is what we call in the legal world ineffective assistance of counsel. It basically means that your attorney screwed up so bad that the outcome of the case would be in doubt to your average reasonable person. But the key here is not just that the attorney made a mistake. The key is that the mistake was so bad that the outcome of the case would be in doubt.

So, if you go to jury trial and lose because of something your attorney did or failed to do, then the court of appeals can overturn your conviction if they believe there is a reasonable chance that the outcome of your case would have been different had the mistake not been made. But here's the catch; it is very difficult to prove this, especially if you enter a plea and do not go to trial.
Most cases do not go to trial, so most mistakes never have a chance of ever being noticed, much less ever even appealed and corrected. Once you enter a plea it becomes very difficult to ever appeal your case because you most likely either pled guilty or no contest. And if you plea no contest, the judge assumes you are guilty.

You may be asking one final question. How can you be certain that your Denver DUI attorney is one of the great DUI attorneys? You can learn more about what to look for in a good DUI attorney and how to find one of the great Denver DUI attorneys near you.