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DUI Defense Denver


Arrested?

Facing DUI Charges?

A DUI is considered a criminal offense in the state of Colorado. This is proved by unlawful blood or breath alcohol level of over .08 in a vehicle, or by impaired functioning. A DUI attorney from Baumgartner Law can represent those charged with DUI in Denver, Lakewood, Aurora or Boulder, Colorado. We have years of experience and a full understanding of all Colorado DUI laws, we can defend you and help you get reduced or dropped charges.

Understanding DUI Charges in Colorado

In Colorado, even someone’s first DUI conviction can lead to a 9 month license suspension. For those arrested for driving under the influence and/or refusing a chemical test, an Ignition Interlock Device may be implemented. This device requires that you blow into it before starting the car, and at periodic intervals while driving. Some cases may require mandatory alcohol education and treatment as well. An aggravated DUI charge in Colorado brings extra penalties for those with a BAC of .17 or higher. For those under the age of 21, Colorado has a zero tolerance law, which means that if they’re driving with a BAC of .02-.05, they’re subject to an underage drinking and driving infraction.

Common DUI Defenses in Colorado

A professional Colorado DUI defense lawyer investigates possible defenses that may apply to your case, and lead to reduced or dropped charges. Some possible drunk driving charges defense strategies include:

  • No probable cause: Police can only detain and arrest someone for a DUI when they have probable cause that someone is drunk.
  • Defendant wasn’t driving: If someone didn’t intend to drive, or they did not have “actual physical control” of the car, they may be able to defeat their charge.
  • Breathalyzer Error: Equipment malfunction, police officer misuse, or electromagnetic interferences can all lead to false positives on breathalyzer machines.

Call to Speak to a DUI Attorney in Colorado Today

Baumgartner Law has a proven track record of success representing DUI clients in Denver, Lakewood, Aurora, and Boulder, Colorado. With the help of our DUI attorney, you can fight your case effectively. We offer professional legal consultations, where we can discuss your case and possible DUI defense strategies. To schedule this important conversation, call our Colorado law office at (720) 626-9418 today.

Facing Dui Charges


Thorough investigation is critical in every case. A busy attorney may be tempted not to look carefully into a case if it is obvious it is a "loser" anyway. THIS IS A MISTAKE. Birk Baumgartner walks the scene of every case, with the client- whether it's a DUI or a multi million-dollar civil case. Many cases have been won just like this, engaging the clients of the facts of the case that only the client knows.

Breathalyzer & Blood Testing


Thorough investigation is critical in every case. A busy attorney may be tempted not to look carefully into a case if it is obvious it is a "loser" anyway. THIS IS A MISTAKE. Birk Baumgartner walks the scene of every case, with the client- whether it's a DUI or a multi million-dollar civil case. Many cases have been won just like this, engaging the clients of the facts of the case that only the client knows.

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Preserving Evidence


Every DUI case has evidence that must be quickly preserved in order to maximize the results that a DUI attorney can achieve. There is often video evidence of the DUI stop, of the administration of the DUI Field Sobriety/Roadside Tests, of the suspect at the police station, and even of the driving that was the cause of the stop. However, these kinds of evidence are not automatically saved, especially if it does not help the prosecution. For example, a police department will often “write over” or erase the DUI video if it is not quickly preserved by a knowledgeable DUI attorney. Other DUI evidence that needs to be preserved includes “dispatch” records, 911 calls, blood evidence, and more.

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Dmv Hearing


Often, DUI attorneys do not pay enough attention to the DMV hearing in a DUI case. This is a huge mistake. If the DUI criminal case is won, but the DMV hearing is lost, you could still have your license revoked for up to two years, in some cases. But most importantly, this is the only opportunity that a DUI defense attorney will get to question the police officer without the District Attorney being present. This can and does lead to case-winning information being revealed. It is imperative that you retain a DUI attorney with a record of success at the DMV hearing.

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Recent Success Stories:

Birk Baumgartner has won several DMV Hearings, and as a result clients have kept their license and never had to have an interlock installed.

  • Grant O. was stopped in Jefferson County and arrested for DUI. He failed the roadside field sobriety tests and refused chemical testing. On the eve of trial, Baumgartner Law was able to secure a dismissal of all charges.
  • John C. was stopped in Denver County and arrested for DUI. He elected to take a blood test, which resulted in a .186 BAC level. Baumgartner Law won the DMV hearing, and John was able to keep his license. After months of negotiation, and two retests of the blood sample, the DA agreed to a DWAI. John was able to keep his license, which was crucial to his business as an independent contractor.
  • Chris J. was charged with DUI after an accident. Baumgartner Law won his DMV hearing and Chris still has his license.

**These stories, while true, are not meant to be an indication of the results you should expect in your case. Every case is different and there are too many variables to make any prediction in the outcome of a particular case. No attorney can promise you a particular result in any case.

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