Denver DUI Defense Attorney

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Denver criminal defense lawyer V. Iyer and his experienced legal team work relentlessly to provide clients with a winning criminal defense.

As a former prosecutor, Attorney Iyer has knowledge and insight from both sides of the courtroom. He has successfully argued thousands of cases and has extensive trial experience.

His law firm believes every client deserves personal attention, ethical and honest hard work, and the brightest legal minds on their side.

We make this pledge to every client:

•We will put your interests first, every time. Whether it’s a felony charge, juvenile case, probation violation or other legal issue, doing what’s best for you is our top priority.
•We will provide timely, thorough, professional attention. When you need us, we will be there for you.
•We will be zealous advocates for our clients, exhausting every possible legal strategy.
•We will communicate with you in clear language, and be counselors as well as advocates. We will make sure you know what we do, why we do it, and how it benefits you.
•We will hold ourselves to the highest professional ethics, protecting your confidences and staying ahead of developments in Colorado criminal law.
•We want to have a long-lasting, trusted relationship with our clients, and we will do what it takes to earn it.
If you are facing criminal charges in the Denver area, contact us today.

If You Believe You’re Innocent, Don’t Take The Easy Way Out

In the State of Colorado, the legal limit is 0.08. That means that you cannot have more than 0.08 grams of alcohol in 100 milliliters of your blood (while you are driving or in control of a vehicle, or within two hours of driving). This is called your “BAC” or “blood alcohol content.” If your blood or breath is tested by law enforcement, and your BAC is between 0.05 and 0.08, then you’ll still be charged with the lesser offense of DWAI (Driving While Ability Impaired).

Be aware that DWAI, in reality, is not that much “lesser” in Colorado. Being convicted of DWAI may result in you receiving a sentence that is similar to that for a DUI.

Did you know that when you are charged with a DUI/DWAI you have only 7 days including weekends and holidays to request your hearing with the DMV (Colorado Department of Motor Vehicles)? If you do not do so, your license may be revoked from three (3) months to one (1) year, and in some cases much more than two (2) years. If you have not requested a hearing with the DMV you have given the right to challenge any legal issue arising from the Notice of Revocation forever including your right to appeal the DMV decision of revocation. So you must take any Notice of Revocation or charge of DUI/DWAI very seriously. You must act now and contact Iyer Law Office your experienced DUI/DWAI defense attorney to discuss your case.

The DWAI statute makes it a crime for you to drive when your ability is “impaired to the slightest degree.” At trial, a jury would have to use those words to determine whether you are guilty or not. If your blood alcohol content is 0.05 or higher, the district attorney is allowed to tell the jury that you are presumed guilty. A skilled DUI attorney can effectively challenge that presumption. The case against you may include 1) your BAC; or 2) other “evidence of impairment;” or both. Depending on the facts of your case, your lawyer can effectively defend against both types of evidence.

The BAC:

The equipment that is used to test your BAC is not perfectly accurate. The machines that are used commit errors, and sometimes they are not maintained properly. The officer that gives the test can make mistakes in following the proper procedure. This is why Colorado DUI law gives your defense lawyer the right to obtain and retest your breath or blood sample. This means that if the officer does not save and properly preserve your sample, so that you may retest it, the BAC evidence may be thrown out. If retesting your sample produces a result that is very different from your result at the police station, this will call the reliability of your test into question. Your blood alcohol content is only relevant while you are driving. Because alcohol takes time to absorb into your blood, your pattern of drinking on the day you are pulled over may raise doubts about the validity of your test. If the chemical test is given too long after your vehicle was stopped, the BAC evidence may not be admissible against you. Your criminal defense attorney will analyze this and other evidence in order to determine if the District Attorney can successfully prosecute your DUI case.

Other Evidence of Impairment:

If your case were to go to trial, the BAC evidence will be only part of the prosecutor’s case against you. The officer will also testify about his observations of you, including how you performed on the roadside tests. After reading hundreds of DUI police reports, I can’t recall a single case where the officer hadn’t written “the driver had slurred speech, and bloodshot watery eyes, and an unknown smell of alcoholic beverage on his breath.” Yet we know from personal experience that sometimes a drunk person has bloodshot watery eyes and sometimes they don’t. Sometimes they have slurred speech, and sometimes they don’t. While it is true that police officers are doing the important job of keeping our roads safe, if they accuse you of DUI Denver, they will use the words that are calculated to convict you at trial. The impairment evidence in your case may include:

•The statements you made to the officer
•Mistakes you made while driving
•Your “bloodshot watery eyes, and slurred speech”
•Your performance on the field sobriety tests
Field sobriety tests, commonly called “roadside tests,” include a walk and turn, balancing on one foot, counting backward, and so on. The horizontal gaze nystagmus test is where officer asks you to follow the tip of a pen with your eyes as it is moved from side to side. Your performance on these tests is a subjective determination, and the jury in your case may not agree with the officer’s conclusions. Further, these tests are supposed to be performed using very specific guidelines, and many times the officer does not follow the proper procedure. This leaves a lot of room for effective cross examination, should your case go to trial. If the officer cannot say that your driving was bad, this may call the results of the roadside tests into question. As an experienced DUI attorney we never suggest to agree to perform these roadside field sobriety tests but never refusal to do the chemical breath or blood test.

The sentences given for DUI have become harsher over the years. Today in Colorado, even your first DUI can land you in jail if your BAC is high enough. Second or third offenses can lead to serious jail sentences. You may even be charged with a felony if you have previously been designated a Habitual Traffic Offender (HTO). (You are a Habitual Traffic Offender if you’ve received three convictions for either Driving Under Suspension or DUI, or any combination, within 7 years.)

DUI – Murder:

Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some States (like Colorado), when someone driving under the influence causes an accident in which someone is killed the driver may be charged with murder (attitude of universal malice manifesting extreme indifference to human life or reckless disregard for human life) if the circumstances are particularly aggravated. DUI – Murder cases are highly technical and complex and only a skilled DUI-Murder attorney like Mr. V. Iyer, DUI Lawyer Denver, will be able to effectively represent you in DUI – Murder cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department – ICE) after you are convicted, under certain circumstances, of DUI – Murder.

DUI – Manslaughter:

Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with vehicular manslaughter. DUI – Manslaughter cases are highly technical and complex and only a skilled DUI attorney Denver like Mr. V. Iyer will be able to effectively represent you in DUI – Manslaughter cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department – ICE) after you are convicted, under certain circumstances, of DUI – Manslaughter.

DUI with Prior Convictions:

In all 50 States, repeat DUI offenders face progressively stiffer penalties. In some States (but not Colorado), the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions. DUI with prior convictions are technical and complex and only a skilled attorney, like Mr. Iyer will be able to effectively represent you in DUI with prior convictions. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department – ICE) after you are convicted, under certain circumstances, of DUI with prior convictions.

Driving Under the Influence of Drugs (DUID) or Prescription Medications:

Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUID by producing a prescription for the drug in question. This is not true. A DUID (drugs) charge has nothing to do with whether or not possession of the drug was lawful. DUI Lawyer Denver, the legal issue in any DUID case is whether, as the result of “impairment,” the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication, as it is to drive after drinking too much alcohol. DUID cases are highly technical and only a skilled attorney like Mr. Iyer, DUI Lawyer Denver, will be able to effectively represent you in DUID cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department – ICE) after you are convicted, under certain circumstances, of DUID.

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