Breckenridge DUI Attorney with 24 Years Experience
An arrest for driving under the influence (DUI) can mean steep fines, loss of your license, and even possible jail time. My focal point is helping my clients stay out of jail and avoid the harsh consequences of a conviction. Arrested for DUI in Breckenridge, Dillon, or Summit County? Contact me for a free consultation today.
If you have been arrested for driving under the influence of alcohol or drugs in Summit County, it is important to understand what you are up against. Colorado law enforcement officials and prosecutors vigorously pursue convictions in DUI cases, and a conviction for DUI could not only mean aggressive criminal penalties, but also increased auto insurance premiums and difficulty getting into school or finding a job. You have a lot to lose, and if you do not take your case seriously, your DUI arrest could have a profound impact on your life for years to come.
At the law offices of Mark S. Rubinstein, P.C., I am committed to helping individuals charged with DUI and driving under the influence of drugs (DUID) fight to protect their rights, their freedom, and their future. I know what is at stake in your case, and I know how to defend you to minimize the consequences of your arrest as much as possible. I regularly represent clients in Breckenridge, Dillon, and Summit County, and I am happy to travel to meet with you in person to discuss your case. Do not let one mistake or an unjust arrest change your life. Let me use my extensive experience in DUI cases to fight for the outcome that you deserve.
I Will Fight Your DUI/DUID Charge
Were you pulled over on I-70? On Route 9 or Route 6? In downtown or suburban Breckenridge or Dillon, CO? If so, I can help you fight to avoid a conviction and the consequences of having a DUI or DUID on your criminal record. With more than 24 years of experience handling DUI and DUID cases in Colorado, I am intimately familiar with the statutory and Constitutional principles that protect criminal defendants and the numerous potential defenses that you may have available. The following is just a small sampling of some of the defenses that I am frequently able to assert on behalf of clients who have been arrested for DUI and DUID:
- Failure to read your rights – Were you taken into custody and questioned without being read your rights?
- Faulty breathalyzer test – Was the device calibrated? Did the arresting officer administer the test properly?
- Faulty field sobriety tests – Did the arresting officer use the correct tests? Is there an alternate explanation for your “poor performance”?
- Unlawful traffic stop – Did the police have probable cause to pull you over?
- You were not drunk – Did your blood alcohol content (BAC) increase between the time you were arrested and you gave your blood sample? Is there another reason you falsely registered a high BAC?
Again, these are just examples. When we sit down for your free consultation, I will thoroughly assess all of the defenses that I may be able to raise based upon the unique circumstances of your particular case.
Marijuana and Driving Under the Influence of Drugs (DUID)
With the legalization of recreational marijuana use in Colorado, residents of the state need to be reminded that driving under the influence of drugs, including marijuana, is still highly illegal and constitutes a serious crime. If you drive under the influence of marijuana, police can pursue various marijuana-related criminal charges against you.
There are, however, various factors at play when you are charged with driving under the influence of drugs, or DUID. In some cases, law enforcement may lack sufficient training to identify driving under the influence of drugs correctly. In others, they may simply make mistakes in the process of determining whether to charge you with driving under the influence of drugs, specifically with marijuana. Police officers are taught to look for signs like divided attention, poor coordination, and a slowed internal clock for people driving under the influence of marijuana.
Potential errors can occur throughout the process of determining whether to charge somebody with DUID. Sometimes, law enforcement or the courts will try to treat cases of driving under the influence of drugs in the same way they would driving under the influence of alcohol. It should be noted, however, that these two charges are different and should be viewed as such. Having a defense team that understands the difference and can point out the flaws in this thinking can make a serious difference in a person’s legal case. The defense has the responsibility to do this through better expert testimony, a thorough understanding of the law, and a clear grasp of the science involved in these cases.
Prosecutions for driving under the influence, specifically with marijuana as its use becomes more prevalent in the state, are on the rise in Colorado. Police are paying more attention, and attorney Mark S. Rubinstein has the necessary experience to defend people who have been charged with driving under the influence of drugs.
We can help your case with a full understanding of the following:
- The latest detection technologies (and their imperfections),
- The most recent science on THC intoxication,
- Other drugs and the problems police run into when testing for them, and
- Up-to-the-minute caselaw and the evolving rules of law
DUI Defense Tactics
Colorado maintains rigorous enforcement of DUI cases. As a result, consulting with an attorney to discuss defense strategies is critical to protecting your rights and future. There are various strategies for DUI defense that depend on the unique facts and circumstances of the case.
Constitutional Violations
The US Constitution provides every individual certain rights during the arrest process. Violations such as the following may apply:
- The Fourth Amendment protection from unreasonable searches and seizures,
- The Fifth Amendment right to remain silent, and
- The Sixth Amendment right to counsel.
If the police violate any of these rights during your arrest, those violations can result in evidence suppression or a dismissal.
Faulty Chemical Tests
An experienced criminal defense attorney can often attack the validity of a breathalyzer or blood test. Breathalyzers incorrectly calibrated, maintained, or operated can cause inaccurate results. Further, blood samples that are subject to contamination may yield false results.
Field Sobriety Test Issues
In Colorado, law enforcement officers must abide by specific procedures regarding field sobriety tests. But these tests are certainly not foolproof. They involve unnatural movements that people do not perform in everyday life. The instructions may be rushed or confusing, and external factors such as the officer’s subjective perception or bias, uneven road surfaces, the weather, or your physical limitations may impact the outcome of a field test. Your lawyer will know the best way to attack the officer’s perceptions and actions, as well as the accuracy of these tests, given your unique circumstances.
Medical Conditions
Many personal and environmental factors can impact a person’s BAC or mimic the symptoms of drunkenness. For example, certain medical conditions, medications, or diets can produce symptoms law enforcement may mistake for intoxication.
Drunk driving is a serious offense that can have a rippling effect on society. However, false accusations can cripple your life, so individuals accused of these offenses deserve complete and competent representation.
Expertise in Summit County DUI Cases
With more than twenty years of experience as a Summit County DUI lawyer, I know what it takes to fight relentlessly for my clients from the very beginning of their cases. If you do not request an administrative hearing through the Department of Motor Vehicles (DMV) within seven days of your arrest, you will automatically lose your driver’s license. The DMV suspending your license is separate from the criminal case filed by the District Attorney.
After a DUI, the arresting officer will confiscate your driver’s license until the DMV hearing. If you do not request a hearing, you will automatically lose your driver’s license for nine months after a first DUI arrest and one year if you have one prior drunk driving conviction.
Even though the DMV hearing is administrative instead of criminal, you can still hire an attorney to represent you and fight for your driving privileges.
The administrative hearing process differs from the criminal process. The prosecutor in a criminal trial must prove your charges beyond a reasonable doubt to convict you, while the DMV only requires proof by a preponderance of the evidence. Additionally, the DMV hearing is bound by the Colorado Rules of Administrative Procedure, which are typically more relaxed than rules of criminal procedure. Valid legal defenses available in a DMV hearing include:
- The officer lacked reasonable suspicion to pull you over,
- Someone else was operating the vehicle, or
- Your blood or breath sample was collected incorrectly.
Some people do not realize they need to request a DMV hearing to challenge the loss of their driving privileges. A qualified criminal defense lawyer can request the hearing on your behalf and represent you at the hearing. Contact Mark S. Rubinstein, P.C., today so we can help.
Can a Breckenridge DUI Lawyer Talk to the Prosecutor About My Case?
A Breckenridge DUI lawyer can talk to the prosecuting attorney about entering a favorable plea bargain or dismissing your charges entirely. A plea bargain is an agreement between the defendant, or the person charged with the crime, and the State that allows the defendant to plead guilty to a criminal offense in exchange for a charge or sentencing reduction offered by the state. The plea bargaining process begins once you get into custody and can continue until the jury reaches a verdict in a trial. Although the prosecutor will present the offer as only beneficial to the defendant, the prosecutor needs to make plea bargains to keep cases moving through their office.
Additionally, district attorneys often care about their “win loss record” and do not want to risk taking a weak case to trial. Instead, the prosecutor may offer a plea bargain so the defendant can receive a lesser penalty in exchange for their guilty plea. In other cases, the prosecutor may offer a favorable plea agreement in exchange for the defendant’s testimony against their co-conspirators. A Summit County DUI lawyer can review any offers from the prosecutor and prevent you from accepting an unfair plea bargain.
The Importance of Hiring a Breckenridge DUI Lawyer
In light of the significant rates of roadway deaths in Colorado, law enforcement agencies have spearheaded targeted efforts to reduce drunk driving. The increased patrols throughout Colorado have resulted in higher DUI arrests and convictions. Arrests and convictions for Colorado DUIs can have serious short and long-term direct and collateral consequences.
Studies suggest that experienced defense attorneys make a substantial difference in the outcomes of these cases. Let’s look at the benefits of having a criminal defense lawyer on your side.
Legal Knowledge
Colorado’s DUI laws are complex and require a comprehensive understanding of nuanced procedural, evidentiary, and substantive laws. A misstep at any stage of your defense can result in adverse outcomes and serious consequences.
Experience with Criminal Justice System
Navigating Colorado’s court system can be a daunting and overwhelming process. A Colorado DUI attorney familiar with local, state, and federal rules and procedures can streamline a defense and increase its effectiveness.
Negotiation Skills
An overwhelming number of criminal cases end in plea agreements; however, Colorado legislators have imposed restrictions that make it tougher for individuals to plea-bargain their DUI charges. An experienced DUI attorney can address these challenges to allow you to receive the full benefits of the law.
Protection of Constitutional Rights
A key role of a criminal defense attorney is to recognize if law enforcement violated your constitutional rights and protection. A Breckenridge DUI lawyer can investigate the facts and circumstances of your arrest and detention to determine whether a constitutional violation occurred. Violations can result in evidence suppression or even a dismissal.
Trial Representation
Given Colorado’s increase in DUI patrolling and limitations on plea bargains, more and more DUI cases are going to trial. A DUI lawyer’s experience, skills, and resources are indispensable during trial.
Navigating Colorado’s complex criminal justice system without an attorney can lead to devastating outcomes. Hiring a DUI attorney is paramount to protecting your rights, presenting a viable defense, and moving on with your life.
Six Reasons to Choose Mark S. Rubinstein, P.C.
Why should you choose Mark S. Rubinstein, P.C. for your Breckenridge, Dillon, or Summit County DUI/DUID case?
1. I Am Always Available.
I make myself available to my clients day and night. If you have a question or think of something that you need to tell me, I want to hear from you right away.
2. I Will Listen to What You Have to Say.
I will listen to your side of the story so that I can build a customized defense strategy that is tailored to the unique facts of your individual case.
3. I Care About the Outcome of Your Case.
I do what I do because I am passionate about helping my clients. I care about the outcome of your case, and this will show in my legal representation.
4. I Am Never Satisfied.
Despite my extensive experience, I do not rest on my laurels. I am constantly striving to learn more and researching new strategies to protect my clients.
5. I Will Take a Thorough Approach to Finding the Most Effective Defense Strategy.
I do not focus on presenting a defense strategy. I focus on presenting the defense strategy that will secure the best possible outcome in your case.
6. I Take Pride in Providing Aggressive Representation.
While negotiating a plea deal may be the best option, it may also be in your best interests to go to court. I provide aggressive representation and never settle for less than my clients deserve.
Get Started on Your DUI/DUID Defense with a Free Consultation Today
If you have been arrested for driving under the influence in Breckenridge, Dillon, or Summit County, CO, contact me now for a free, confidential consultation about your case.
Dillon, CO 80435
Phone: 970-453-3068
Fax: 970-680-7139