When searching for a DUI or DWAI defense lawyer in Colorado, you should be very selective. Having the right attorneys, with the right set of traffic, criminal defense, trial, and constitutional skills can mean the world. The consequences are serious. The law in this area is complex and difficult to navigate on your own. Our law firm has a team of lawyers, some with more than 30+ years of experience, who are experienced not just in traffic and criminal defense, but in trial law. We work as a team to acheive your goals. We handle all DUI (driving under the influence), DWAI (driving while ability impaired), DUID (driving under the influence of drugs), and Refusal cases.

• DUI
• DWA
• DUID
• REFUSAL

Having the right traffic and criminal defense lawyer in Colorado can sometimes mean the difference between "not guilty" and a "guilty" verdict. The consequences are serious. Consider how the lawyer approaches the case; how quickly they will be able to assist you; how much time they can devote to your case; and what services the lawyer will provide. Who do you want standing next to you in the courtroom? A lawyer who is looking for the quick plea deal from the city attorney? Or the lawyer that is confident and prepared enough to go to trial if necessary?

At Benson & Case LLP, we strive to learn as much about the case as we can so that we can effectively analyze the case, advise you of your legal options, and then negotiate the best possible resolution for you. Many times this does involve a plea bargain with the district attorney. However, if a trial is necessary, be reassured that our lawyers possess the confidence and skill necessary to take your case from start to finish, no questions asked. Here is how we approach a case:

• PROFESSIONAL INVESTIGATION It is not enough to simply read a copy of the police reports, assuming you have a complete copy. At Benson & Case, we conduct a thorough investigation to find out if there are still facts that the police, DA, and even the client did not even know. Visiting the scene, viewing the evidence, speaking to witnesses, and taking photographs are all necessary for effective representation by a good traffic and criminal lawyer. At Benson & Case, we use a professional investigators to do these tasks.
• EXPERT RESEARCH AND ANALYTICAL THINKING Performing thorough legal research and finding you the most recent, or most relevant law is the next step our practice at Benson & Case. We take the universe of facts from our investigation, and apply them to the existing law. Many times this will involve your lawyer filing various court documents (motions) asking the judge to allow or not allow certain types of evidence. Cases can be won or lost at this stage. Benson & Case lawyers know how to identify and litigate relevant legal issues to fight your case. We will pursue every available option and file every motion to help you.
• COMPLETE ADVISEMENT & EMPOWERMENT OF THE CLIENT As the lawyer, it is our primary job to provide expert legal advice and make you informed of all possible outcomes. At Benson & Case, we offer guidance and expert opinions in an easy to understand manner. And because we have done our homework upfront, with the investigation and legal research, we can be confident that the advice we provide to you is sound. We go through and explain every choice and scenario available to you. As the client, you make the decisions. This is your case. At Benson & Case, we do NOT tell you what to do or force you to take a plea bargain. We respect you and support your decisions, whatever they may be. We are willing to fight from beginning to end on your case.
• WORKING RELATIONSHIP WITH THE CITY ATTORNEY The city attorney is entrusted with applying the law and protecting the public. They have broad discretion on who and how to prosecute. Having a lawyer who has an open line of communication with the district attorney, and a mutually respectful relationship is very valuable. NO LAWYER can promise a client a specific result. The district attorney has the final say on a plea bargain, and at trial, the judge or the jury has the final say on a verdict. If you meet a lawyer who promises you a specific plea or verdict - run! At Benson & Case, we engage is negotiations with the district attorney to attempt to reach a positive result prior to trial. Sometimes this involves pointing out unreliable facts, or weaknesses in the case. At Benson & Case, we make every effort to reach an excellent result for our clients prior to trial.
• EFFECTIVE TRIAL SKILLS In the event a resolution is not reached with the city attorney, you need a lawyer who knows what he is doing in the courtroom at trial. Whether arguing an issue in front of a judge or in front of a jury, you must have a skilled, confident, prepared lawyer who can effectively communicate your case. This is where many lawyers fall short. Many lawyers rarely ever get to trial. At Benson & Case, our lawyers have spent most of their time in the courtroom and in trial. You can be assured that should you need a trial lawyer, you will be represented by the best.

The trafficand criminal defense lawyers at Benson & Case are dedicated to defending the rights of the accused and our traffic ticket and criminal defense attorneys are committed to the presumption of innocence. Even in less serious cases, a good traffic ticket and criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available. If you have been given a traffic ticket, please contact us today for an aggressive and resourceful traffic ticket and criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case. Our lawyers are intimately familiar with all facets of traffic tickets and may help clients with the following:

• Work to get the charges dropped or lowered
• Interview police, involved parties, and any possible witnesses to expose any lies or exaggerations
• Make sure that no evidence against our client was obtained illegally
• Conduct a thorough pre-trial investigation
• Employ a private investigator, ballistics expert, polygraphist, or any other experts that may be able to help strengthen our client’s defense
• Obtain expert witnesses to testify on behalf of our clients
• Negotiate with prosecutors to make sure our clients face the minimum possible penalties

Benson & Case will work tirelessly to ensure the best possible outcome for a client’s case. We also are experienced in representing clients in other criminal matters including parole violation hearings, criminal appeals, bail reduction, and expungement.

Driving Under The Influence: Driving under the influence of alcohol (driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drink-driving, impaired driving) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane, wheelchair, or tractor) after consuming alcohol or other drugs. DUI or DWI are synonymous terms that represent the criminal offense of operating (or in some jurisdictions merely being in physical control of) a motor vehicle while being under the influence of alcohol or drugs or a combination of both.[1] It is a criminal offense in most countries. All states have also enacted per se laws that prohibit operating (or in some jurisdictions merely being in physical control of) a motor vehicle while having a specific blood alcohol content (BAC) level. One can be prosecuted under the per se laws whether or not they are actually "impaired" or "under the influence" of alcohol. In most countries, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France, in addition to being given a lengthy prison sentence. Many states in the U.S. have adopted truth in sentencing laws that enforce strict guidelines on sentencing. For example, if a defendant is sentenced to ten years, he or she will be in prison for that entire time. This is different from past practice where prison time was reduced or suspended after sentencing had been issued. The specific criminal offense may be called, depending on the jurisdiction, driving under intense influence (DUII), driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Other less common acronyms include ("OVI"), "operating a vehicle (while) impaired," and ("DWAI"), "Driving While Ability Impaired."[2] Many of such laws apply also to boating, piloting aircraft, riding a horse or conducting a horse-drawn vehicle, or cycling. Historically, guilt was established by observed driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the arresting officer's subjective opinion of impairment. The officer must correctly perform the Field Sobriety Tests (FST's) that are approved by the National Highway Transportation Safety Administration (NHTSA). There are only three (3) FST's federally approved by NHTSA.[3] The US Department of Transportation explains the Field Sobriety Test as, "a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest."[4] Starting with the introduction in Norway in 1936 of the world’s first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones. Limits for chemical tests are specific for blood alcohol concentration or concentration of alcohol in breath. With the advent of a scientific test for blood alcohol content (BAC), enforcement regimes moved to pinning culpability for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol, although this does not preclude the simultaneous existence of the older subjective tests. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 milliliters of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher. The validity of the testing equipment/methods and mathematical relationships for the measurement of breath and blood alcohol have been criticized. (Taylor 2007) Driving while consuming alcohol may be illegal within a jurisdiction. In some it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment. In some it may be illegal to be asleep in the driver's seat of a vehicle without any intention to drive.[6] The German model serves to reduce the number of accidents by identifying unfit drivers and removing them from traffic until their fitness to drive has been established again. The Medical Psychological Assessment (MPA) works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach and offers the chance of individual rehabilitation to the offender.[7] George Smith, a London taxi driver, was the first person to be convicted of drunk driving, on 10 September 1897. He was fined 20 shillings. In the penalties for drunk driving have steadily increased throughout the past years as organizations such as Mothers Against Drunk Driving have lobbied for stiffer penalties. Higher fines and penalties have increased the importance of proper legal defense when cited for drunk driving.[8] "DUI defense", a branch of criminal defense law, involves attorneys, investigators and forensic toxicologists who attack prosecution evidence on behalf of accused DUI offenders. Generally, DUI attorneys seek to elucidate inaccuracies in forensic breath and blood testing as well as bias, inexperience and incompetence by arresting officers.[9] It's not uncommon for DUI charges to be plea bargained into lesser offenses or sometimes dismissed through legal technicalities or jury trial acquittals. Because of the high degree of technical sophistication inherent in breath testing devices and forensic blood analysis, DUI defense is one of the very few areas that the American Bar Association recognizes as a specialized practice area within the more general area of criminal defense, and most DUI defense attorneys will have specific training in the area of the NHTSA (National Highway Transportation Safety Association) Standardized Field Sobriety Tests (SFST's), as well as Intoxilyzer issues. In California Section 23152 states: It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.[10] The law also state that any person convicted of the violation is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. In California if someone is arrested for a DUI they only have 10 days to protect their license and file and appeal with the DMV. Public Health Law Research[11], an independent organization, published in 2009 several reports summarizing the research assessing the effect of a specific law or policy on public health, that concern the effectiveness of various laws related to drunk driving, stating the following: There is strong evidence supporting the effectiveness of selective breath testing sobriety checkpoints as a public health intervention aimed at reducing the harms associated with alcohol impaired driving.[12] There is strong evidence that laws adopting decreased blood alcohol content levels for drunk drivers under age 21 effectively reduce alcohol-related motor-vehicle deaths.[13] There is strong evidence that laws adopting decreased blood alcohol content levels and per se BAC laws set a blood alcohol limit at which an individual is considered legally impaired (i.e., impairment is per se because actual inability to function need not be established), effectively reduce alcohol-related motor-vehicle deaths.[14] There is strong evidence to support the effectiveness of a minimum legal drinking age of 21 years as an intervention aimed at reducing alcohol involved motor vehicle crashes.[15] Ignition interlock programs are an effective public health intervention aimed at reducing drunk-driving recidivism. However, the intervention is only effective while the devices are attached (the reduction in repeat offense rates disappears after the devices are removed)[16]

Credit for this article is due to Wikipedia, and sources cited within.