DUI | DWAI LAWYERS in DENVER CO | defending liberty fearlessly

        The decision to hire a DUI | DWAI lawyer in Denver Colorado is an important one...it can mean the difference between "Guilty" and "Not Guilty", and a suspended license or driving freedom. Its the most important decision you will ever make. So how do you decide? First, stay away from DUI | DWAI lawyers who promise to get the case dismissed or "get you off". DUI | DWAI lawyers cannot guarantee results, ever. Second, stay away from DUI | DWAI lawyers who are too busy or not serious about really investigating your case, filing the appropriate legal documents, making important arguments in court, or listening to your concerns. Some DUI | DWAI lawyers never intend on doing any work on your case after you pay them a retainer and simply hope you take a plea bargain so they don't have to. This is a waste of your money - and defeats the purpose of having a lawyer. Finally, stay away from DUI | DWAI lawyers in Denver Colorado who try to hard to convince you to take the first plea bargain that comes along. This is another lazy approach to criminal defense representation.

        The Evans Firm is different! We do everything based on the simple assumptions that 1) you are innocent; and 2) you want your lawyer to do everything to protect you as much as possible. We assume that when you hire us as your lawyer, you want us to fully investigate your case and understand all of the facts. We assume that you want us to file all the proper legal documents and make the important legal arguments in court to protect your rights. And finally, we assume that if your case is not dismissed, that you should have the option to go through to trial in Denver Colorado with a jury. We do not push our clients to accept a plea bargains.

          We spend quality time educating our clients on the criminal justice process, the risks and benefits of trial, and the possible outcomes of their case. We find that when our client's understand the judicial system and the facts of their case, they make better decisions. Finally, while we can never guarantee the outcome, we rely on our 1) practical knowledge of the law; 2) thorough investigation; 3) ability to negotiate; and 4) solid courtroom & jury experience to achieve positive results for our clients, whether that is avoiding prison, reducing the charges or penalties, or obtaining a "Not Guilty" verdict. When you are ready to hire a hard working DUI | DWAI lawyer in Denver Colorado, who fights and defends liberty fearlessly, call The Evans Firm at 303-221-3634.

        We are known by our clients and our opponents to be fearless advocates. We use a trial-centered approach, instead of a settlement-centered approach. This enables us to better work with opposing parties by accurately analyzing your case to find the right legal solution that fairly represents your best interests. While many cases do eventually settle, we have the expertise in the courtroom to get the job done if necessary and effectively convey your message to the jury.

        At The Evans Firm, we became lawyers to try cases...not to push paper. If you are going to hire a lawyer, shouldn't you hire one that is able to take your case from beginning to end and not force you to settle? We look forward to personally speaking with you and finding out how we can best reach your goals. Check out what our clients have said about our firm. When you are ready to hire a hard working lawyer in Denver Colorado, who fights, defends liberty fearlessly, and finds legal solutions, call The Evans Firm at 303-221-3634.

ATTORNEY MICHAEL D. EVANS

         For Michael Evans, being a lawyer is not just a career – it’s his heart-felt passion. Mr. Evans is admitted to practice law in both the Colorado State and Federal courts. He has conducted over fifty (50) criminal and civil jury trials. His practice areas include criminal defense, including medical marijuana defense, homeowner’s and condominium associations, and wrongful death. Mr. Evans’ education started at St. Therese grade school in Aurora which was run by the Sisters of Charity. He participated in the school speech team, and swam year round with the USS club, MACS. He then attended Regis Jesuit High School, where swam as a member of the state and national champion Raider swim team, lettering all four years and making the dean’s list. He also worked part time all four years. He continued his Jesuit education in college at Xavier University in Cincinnati with a Division I swimming and academic scholarship. But after a year, and a twist of fate, Mr. Evans traded in his swim trunks for a pair of boxing gloves, and captained the Xavier NCBA boxing team the remaining three years.

          He was also a part of Xavier’s Army ROTC Ranger program, and worked full time all four years as both a swim coach for USS club and ABLY, as well as a local bartender. During the summers, Mr. Evans returned back to Colorado to intern for the Denver Public Defender’s office. After earning a bachelor's degree in English, Mr. Evans wanted to gain a business background before entering law school, and immediately enrolled in the master's degree program at Xavier. While earning his M.B.A., he continued to work full time at Taft, Stettinius, & Hollister and playing for Xavier’s water polo team. Mr. Evans, ready to pursue his dream of becoming an attorney, moved to Miami and attended his first year of law school at St. Thomas University. After the first year, he desired to return back to his home state of Colorado, and he spent the remaining two years at the University of Denver law school with a focus in evidence and trial practice. While in law school, he also began his own legal investigation company. He graduated from the University of Denver with a Juris Doctorate degree, and was admitted to practice law in both the Colorado State and Federal courts. Mr. Evans received an amazing opportunity after graduating from law school to work at the Denver Public Defender’s Office, where he had previously interned.

          In almost three years, he conducted over thirty (30) criminal jury trials, as well as countless hearings and litigated many appeals. Mr. Evans has practiced in the county, juvenile, district drug courts, as well as in district felony cases.He has represented thousands of clients in the courtroom. He was trained by some of the best lawyers in the state, and has attended the National Institute for Trial Advocacy, NITA. He is an avid and tenacious litigator. In 2009, Mr. Evans joined the Denver law firm of Benson & Case, LLP. He practiced in the areas of criminal defense, civil litigation including personal injury, civil rights, homeowner’s associations, and medical marijuana law.

General Information about DUI | DWAI:

42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties

(1) (a) It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle.

(b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive a motor vehicle or vehicle.

(c) It is a misdemeanor for any person who is an habitual user of any controlled substance defined in section 12-22-303 (7), C.R.S., to drive a motor vehicle, vehicle, or low-power scooter in this state.

(d) For the purposes of this subsection (1), one or more drugs shall mean all substances defined as a drug in section 12-22-303 (13), C.R.S., and all controlled substances defined in section 12-22-303 (7), C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of any other toxic vapor or vapors.

(e) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense against any charge of violating this subsection (1).

(f) "Driving under the influence" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(g) "Driving while ability impaired" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

(h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as "drove a vehicle under the influence of alcohol or drugs or both".

(i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI, it shall be sufficient to describe the offense charged as "drove a vehicle while impaired by alcohol or drugs or both".

(2) (a) It is a misdemeanor for any person to drive a motor vehicle or vehicle when the person's BAC is 0.08 or more at the time of driving or within two hours after driving. During a trial, if the state's evidence raises the issue, or if a defendant presents some credible evidence, that the defendant consumed alcohol between the time that the defendant stopped driving and the time that testing occurred, such issue shall be an affirmative defense, and the prosecution must establish beyond a reasonable doubt that the minimum 0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result of alcohol consumed by the defendant before the defendant stopped driving.

(a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle or vehicle when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving. The court, upon sentencing a defendant pursuant to this subparagraph (I), may, in addition to any penalty imposed under a class A traffic infraction, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, C.R.S., and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.

(II) A second or subsequent violation of this paragraph (a.5) shall be a class 2 traffic misdemeanor.

(b) In any prosecution for the offense of DUI per se, the defendant shall be entitled to offer direct and circumstantial evidence to show that there is a disparity between what the tests show and other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate. Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the analysis of the person's blood or breath.

(c) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI per se, it shall be sufficient to describe the offense charged as "drove a vehicle with excessive alcohol content".

(3) The offenses described in subsections (1) and (2) of this section are strict liability offenses.

(4) No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or guilty to the offense of UDD from a person charged with DUI, DUI per se, or habitual user; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or to UDD upon a good faith representation by the prosecuting lawyer that the lawyer could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-related offense.

(5) Notwithstanding the provisions of section 18-1-408, C.R.S., during a trial of any person accused of both DUI and DUI per se, the court shall not require the prosecution to elect between the two violations. The court or a jury may consider and convict the person of either DUI or DWAI, or DUI per se, or both DUI and DUI per se, or both DWAI and DUI per se. If the person is convicted of more than one violation, the sentences imposed shall run concurrently.

(6) (a) In any prosecution for DUI or DWAI, the defendant's BAC at the time of the commission of the alleged offense or within a reasonable time thereafter gives rise to the following presumptions or inferences:

(I) If at such time the defendant's BAC was 0.05 or less, it shall be presumed that the defendant was not under the influence of alcohol and that the defendant's ability to operate a motor vehicle or vehicle was not impaired by the consumption of alcohol.

(II) If at such time the defendant's BAC was in excess of 0.05 but less than 0.08, such fact gives rise to the permissible inference that the defendant's ability to operate a motor vehicle or vehicle was impaired by the consumption of alcohol, and such fact may also be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol.

(III) If at such time the defendant's BAC was 0.08 or more, such fact gives rise to the permissible inference that the defendant was under the influence of alcohol.

(b) The limitations of this subsection (6) shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or whether or not the defendant's ability to operate a motor vehicle or vehicle was impaired by the consumption of alcohol.

(c) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related traffic offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine such person's alcohol or drug level. The department of public health and environment may, by rule, determine that, because of the reliability of the results from certain devices, the collection or preservation of a second sample of a person's blood, saliva, or urine or the collection and preservation of a delayed breath alcohol specimen is not required. This paragraph (c) shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. Nothing in this paragraph (c) shall preclude a defendant from offering evidence concerning the accuracy of testing devices.

(d) If a person refuses to take or to complete, or to cooperate with the completing of, any test or tests as provided in section 42-4-1301.1 and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to take or to complete, or to cooperate with the completing of, any test or tests.

(e) Involuntary blood test - admissibility. Evidence acquired through an involuntary blood test pursuant to section 42-4-1301.1 (3) shall be admissible in any prosecution for DUI, DUI per se, DWAI, habitual user, or UDD, and in any prosecution for criminally negligent homicide pursuant to section 18-3-105, C.R.S., vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S., assault in the third degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S.

(f) Chemical test - admissibility. Strict compliance with the rules and regulations prescribed by the department of public health and environment shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results.

(g) It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer's or supplier's certificate of compliance with such rules and regulations if such certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit.

(h) In any trial for a violation of this section, the testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who the law enforcement officer reasonably believed was authorized to withdraw blood specimens shall be sufficient evidence that such person was so authorized, and testimony from the person who obtained the blood specimens concerning such person's authorization to obtain blood specimens shall not be a prerequisite to the admissibility of test results concerning the blood specimens obtained.

(i) (I) Following the lawful contact with a person who has been driving a motor vehicle or vehicle and when a law enforcement officer reasonably suspects that a person was driving a motor vehicle or vehicle while under the influence of or while impaired by alcohol, the law enforcement officer may conduct a preliminary screening test using a device approved by the executive director of the department of public health and environment after first advising the driver that the driver may either refuse or agree to provide a sample of the driver's breath for such preliminary test; except that, if the driver is under twenty-one years of age, the law enforcement officer may, after providing such advisement to the person, conduct such preliminary screening test if the officer reasonably suspects that the person has consumed any alcohol.

(II) The results of this preliminary screening test may be used by a law enforcement officer in determining whether probable cause exists to believe such person was driving a motor vehicle or vehicle in violation of this section and whether to administer a test pursuant to section 42-4-1301.1 (2).

(III) Neither the results of such preliminary screening test nor the fact that the person refused such test shall be used in any court action except in a hearing outside of the presence of a jury, when such hearing is held to determine if a law enforcement officer had probable cause to believe that the driver committed a violation of this section. The results of such preliminary screening test shall be made available to the driver or the driver's lawyer on request.

General Information about Denver:

The City and County of Denver (pronounced /ˈdɛnvər/) is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains. The Denver downtown district is located immediately east of the confluence of Cherry Creek with the South Platte River, approximately 12.3 miles (20 km) east of the foothills of the Rocky Mountains. Denver is nicknamed the "Mile-High City" because its official elevation is exactly one mile (1.6 km) or 5,280 feet (1,609.344 m) above sea level. The 105th meridian west of Greenwich passes through Union Station and is the temporal reference for the Mountain Time Zone.

The population of Denver was 600,158 according to the 2010 census. According to 2009 Census estimates, Denver was the 24th most populous U.S. city. The 10-county Denver-Aurora-Broomfield, CO Metropolitan Statistical Area had an estimated 2009 population of 2,552,195 and ranked as the 21st most populous U.S. metropolitan statistical area and the 12-county Denver-Aurora-Boulder Combined Statistical Area had an estimated 2009 population of 3,110,436 and ranked as the 16th most populous U.S. metropolitan area. Denver is the most populous city within a 500-mile (800 km) radius and the second-largest city in the Mountain West and Southwest after Phoenix. Denver is the most populous city in the Front Range Urban Corridor, an urban region stretching across eighteen counties in two states, and the second-largest in area after Colorado Springs. The population of the Front Range Urban Corridor was estimated to be 4,328,406 in 2009.

The City and County of Denver has defined 80 official neighborhoods that the city and community groups use for planning and administration. Although the city's delineation of the neighborhood boundaries is somewhat arbitrary, it corresponds roughly to the definitions used by residents. These "neighborhoods" should not be confused with cities or suburbs, which are separate entities within the metro area. These neighborhoods' character vary significantly from each other and include everything from large skyscrapers to turn of the twentieth century houses to modern, suburban style developments. Generally, the neighborhoods closest to the city center are denser, older and contain more brick building material. Many neighborhoods away from the city center were developed after World War II, and are built with more modern materials and style. Some of the neighborhoods even farther from the city center, or recently redeveloped parcels anywhere in the city have either very suburban characteristics or are new urbanist developments that attempt to recreate the feel of older neighborhoods. Most neighborhoods contain parks or other features that are the focal point for the neighborhood. Denver also has a number of neighborhoods not reflected in the administrative boundaries. Sometimes, these neighborhoods reflect the way people in an area identify themselves; sometimes, they reflect how others, such as real estate developers, have defined those areas. Well-known neighborhoods include the historic and trendy LoDo (short for "Lower Downtown"), part of the city's Union Station neighborhood; Capitol Hill, South City Park/Greektown, Highland, Cherry Creek, Washington Park, Lowry; Uptown, part of the North Capitol Hill neighborhood; Curtis Park, part of the Five Points neighborhood; Alamo Placita, the northern part of the Speer neighborhood; Park Hill, a successful example of intentional racial integration; and Golden Triangle, in the Civic Center. The United States Census Bureau estimates that, in 2008, the population of the City and County of Denver was 598,707, making it the 24th most populous U.S. city. The Denver-Aurora-Broomfield, CO Metropolitan Statistical Area had an estimated 2008 population of 2,506,626 and ranked as the 21st most populous U.S. metropolitan statistical area, and the larger Denver-Aurora-Boulder Combined Statistical Area had an estimated 2008 population of 3,049,562 and ranked as the 17th most populous U.S. metropolitan area. Denver is the most populous city within a radius centered in the city and of 550 miles (885 km) magnitude. Denverites is a term used for residents of Denver (city or county). According to census estimates, the City and County of Denver contains approximately 566,974 people (2006) and 239,235 households (2000). The population density is 3,698 inhabitants per square mile (1,428/km²) including the airport. There are 268,540 housing units (2005) at an average density of 1,751 per square mile (676/km²). However, the average density throughout most Denver neighborhoods tends to be higher. Without the 80249 zip code (47.3 sq mi, 8,407 residents) near the airport, the average density increases to around 5,470 per square mile.

According to the 2006-2008 American Community Survey, the racial composition of Denver was as follows: White: 63.1% (Non-Hispanic Whites: 43.7%) Black or African American: 9.6% Native American: 1.1% Asian: 3.3% Native Hawaiian and Other Pacific Islander: 0.1% Some other race: 9.2% Two or more races: 2.5% Hispanic or Latino (of any race): 34.1%; Mexican Americans made up 31.2% of the city's population. Source: Approximately 70.3% of the population (over five years old) spoke only English at home. An additional 23.5% of the population spoke Spanish at home. In terms of ancestry, 14.6% of the population were of German ancestry, 9.7% were of Irish ancestry, 8.9% were of English ancestry, and 4.0% were of Italian ancestry. There are 250,906 households, of which 23.2% have children under the age of 18 living with them, 34.7% are married couples living together, 10.8% have a female householder with no husband present, and 50.1% are non-families. 39.3% of all households are made up of individuals and 9.4% have someone living alone who is 65 years of age or older. The average household size is 2.27 and the average family size is 3.14. Age distribution is 22.0% under the age of 18, 10.7% from 18 to 24, 36.1% from 25 to 44, 20.0% from 45 to 64, and 11.3% who are 65 years of age or older. The median age is 33 years. For every 100 females there are 102.1 males. The median household income is $41,767, and the median family income is $48,195.[52] Males have a median income of $36,232 versus $33,768 for females. The per capita income for the city is $24,101. 14.3% of the population and 10.6% of families are below the poverty line. Out of the total population, 20.3% of those under the age of 18 and 9.7% of those 65 and older are living below the poverty line.

This section was authored by Wikipedia and the sources cited therein

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