The first step for your Denver DUI attorney will be to look for a way to avoid a conviction in your DUI case. DUI is a criminal offense in Colorado, and in all other states. As a defendant in a criminal case, you always have the right to take your case to jury trial, and seek an acquittal on the charges that you face. Some cases will present a good opportunity for an acquittal at trial, and others will not. Your attorney will not only look for weaknesses in the prosecutor's case, but will also look for ways to exclude some or all of the evidence against you, either because your rights were violated, or because the evidence is faulty. A competent Denver DUI lawyer will provide you with good advice as to whether the evidence against you can be defeated, or whether you will be better off accepting a plea bargain.
The best opportunity to get a good plea bargain will always come as a result of uncovering weaknesses in the prosecutor's case. Contrary to popular belief, your occupation, or the fact that you are an upstanding member of the community will have little or no effect on the prosecutor's willingness to give you a good deal. In other types of criminal cases, your background may play a role in reducing the severity of the outcome. However, this is rarely true in DUI cases, and that is largely because all types of people, from all walks of life, get charged with DUI's. The policy of the office of the Denver district attorney is to treat doctors, lawyers, or business people who get drunk driving charges the same as those who are unemployed or have a less prestigious social status.
The two factors that will effect the plea offer that your attorney is able to achieve for you will be:
- How effectively can your defense case challenge the prosecutor's evidence?
- What effort have you, the defendant, put into getting into treatment or classes in order to prevent a future offense?
Your DUI lawyer is responsible for evaluating your ability to effectively challenge the evidence in the case. What you can do to help yourself is to get into treatment of some kind. At the minimum, you can begin Level Two Alcohol Education classes, which are provided at numerous locations through the Denver area. If you are facing a third (or more) DUI offense in a lifetime, you should consider something more intensive. Please call our office to discuss this.
Your attorney will obtain a plea bargain offer for you. You do not have to accept this plea offer, and may always set your case for jury trial. You alone can make that decision. We will advise you what the chances of winning your case at trial will be, as well as whether the plea offer is reasonable, given the evidence and your prior record.