If you are looking for legal representation for a DUI case in Colorado, you have come to the right place. Attorney Thomas Nellessen has a long history serving in the Colorado court system and he is highly respected by other attorneys, prosecutors, and judges. His stellar reputation comes from over 30 years of providing high quality legal representation to clients throughout Colorado. From Fort Collins to Alamosa and from Burlington to Grand Junction, Mr. Nellessen has assisted clients in their time of need. If you are looking for the best-case results with the best representation and reputation, Nellessen Legal is here for you.

For three-decades, Mr. Nellessen has been representing clients in metro-Denver and throughout the communities of Colorado. His knowledge of DUI law is well-known, and his experience speaks for itself. Mr. Nellessen is a member of the DUI Defense Lawyers Association and in advanced DUI courses on a yearly basis.

If you are seeking high quality legal representation at an affordable cost, from an attorney who is well known by both prosecutors and judges in the Denver and Colorado Springs metropolitan areas, Nellessen Legal is the right choice. We will not settle for anything less than the best outcome in your case. Nellessen Legal has represented people from all ethnic backgrounds, religions, sexual orientations, and professions. We understand that no two cases are exactly alike, just as no two people are exactly alike. We will help you understand your case and we will look forward to helping guide you through this challenging time.

If you have been charged with DUI, you must act quickly to preserve certain rights that you have. When charged with a DUI, you will receive a Notice of Revocation which will require you to request a motor vehicle hearing through DMV within 7 days. If seven (7) days pass and you have not requested a motor vehicle hearing you will automatically lose your right to drive in Colorado for a period of at least 9 months. Losing your driver’s license may affect your employment, your ability to take your children to and from school, your ability to grocery shop, etc.

It is important that you seek the assistance of an experienced, skilled, and qualified Colorado DUI attorney to ensure that your rights and liberties are protected. If you have personal or work-related out-of-state travel planned, or upcoming medical procedures to undergo that will result in missing your court date, you will need to obtain permission from the court to leave the state or to reset your initial court hearing. To do this, you may need to schedule a court hearing prior to your initial court hearing date. At Nellessen Legal, LLC., we can have experienced attorneys who can advise and assist you in addressing these issues while your case is pending.

An experienced and knowledgeable Denver DUI attorney can immediately begin the process of obtaining police reports and testing results in the possession of the district attorney’s office. Police reports, body camera videos and test results could contain vital information that could help your case. A skilled and experienced DUI attorney can ensure that evidence in preserved and can work with the prosecutor’s office to head off any possible additional charges that me exist. At Nellessen Legal, we will give you an outline of things to do before you ever get into a courtroom. Being proactive is always advantageous when going before a judge.

If you need a Colorado DUI attorney, Nellessen Legal can immediately assist you to ensure you receive the best advice and guidance available for your case. Contact Us TODAY for immediate assistance.

DUI – First Offense

Drivers with a blood alcohol content (BAC) of .08% or higher will be charged with a DUI in Colorado, regardless of how you were driving. This is called a DUI per se and is illegal in Colorado. If a blood alcohol result was  not obtained by law enforcement, the prosecutor’s fight will be more difficult. Without a blood alcohol result, the prosecutor’s office will be forced to show that a driver was “substantially incapable of operating a motor vehicle.”

A conviction of a DUI in Colorado, is a permanent mark on your criminal record. A first time DUI convictions can result in jail time and probation. The court may impose up to 2 years of probation. Any probation will include a Level II Alcohol Education program, a Victim Impact Panel, 48-96 hours of Useful Public Services,  fines and court costs, and a jail sentence from 5 days to 1 year in the county jail; however, the judge can suspend with the completion of the probationary requirements in your case. If you fail to complete the terms of your probation, the judge can reinstate your jail sentence.

Jail sentences are not usually ordered in first time DUI cases. There are some instances where a jail sentence may be required; however, those matters usually involve car accidents resulting in injury. Knowing how to manage any dui case is important and Nellessen Legal can help guide you through the DUI court process.

The possible penalties for a first offense DUI in Colorado are as follows:

DWAI – Driving While Ability Impaired

In Colorado, if you are stopped by law enforcement and your blood alcohol level is between .05% and .08%, you will be charged with an alcohol related driving offense called Driving While Ability Impaired (DWAI). If you refuse to give a blood or breath sample, then the prosecutor’s office will have to show that you were driving a motor vehicle while “impaired to the slightest degree.” If a DUI case goes to trial, the prosecution will often use a DWAI charge as a lesser included offense in hopes that a jury will “split the baby” and find you guilty of the lesser offense.

A skilled and experienced Colorado DUI attorney will be able to investigate and present evidence to show that a person was driving properly and within the appropriate boundaries provided by law.

A DWAI conviction does not carry the automatic license suspension that is required by a blood alcohol level of over .08% as in the case of a DUI. If convicted of a DWAI,  the court may impose up to 2 years probation, a Level II Alcohol Education program, 224-28 hours of Useful Public Service, a Victim Impact Panel, and a jail sentence of between 2 days and 180 days. Like with a first time DUI, the Court may suspend any jail sentence with the completion of all terms and conditions of probation.

First offense with a B.A.C. over 2.0

A first DUI offense with a blood alcohol level over a 2.0 with result in a mandatory minimum jail sentence of ten days. This jail sentence cannot be suspended; however, the judge may order alternatives to jail such as in-home detention, electronic home monitoring and work release. In some jurisdictions, the court may order day reporting, or weekend work programs.

If you are charged with a first time DUI, it is imperative that you call an experienced and highly qualified Colorado DUI attorney who can guide you through your DUI case. Call Nellessen Legal and arm yourself with attorneys who will fight to protect your rights and get you best possible result in your case.

DUI Second Offense

Being charged and convicted of a second DUI offense in Colorado is a serious issue. In Colorado, the law requires a mandatory jail sentence regardless of when and where your prior offense occurred. If you have a previous drinking and driving offense, you will be charged as a repeat offender.

The possible penalties for a second DUI offense are more serious and can seriously affect your life. The penalties for a second DUI offense include a minimum mandatory jail sentence of ten days that could go up to 1 year in the county jail. This mandatory jail sentence cannot be suspended by the court; however, sentencing alternatives may be available in your case. If your prior DUI or DWAI offense was more than 5 years before the date of the second offense, you may be eligible for work release and in-home detention instead of a straight jail sentence. If your new offense is within 5 years of your prior DUI or DWAAI offense, you will not be eligible for in-home detention; however, work release is still a possibility. Additionally, for any second drinking and driving offense in Colorado the court will also impose a suspended one-year jail sentence that you will have to serve if you do not comply with the terms and conditions of your probation, which will include many of the same recommendations that are imposed on first offenses.

The potential penalties for a second alcohol related driving conviction are as follows:

If charged with a Second alcohol related offense, it is important for you to immediately contact a qualified and experienced Colorado DUI defense lawyer who can advise you more fully about the potential consequences of your case. Nellessen Legal offers free initial consultations and case evaluations and can help guide you through the DUI process. The lawyers of Nellessen Legal, LLC., are dedicated to protecting your legal rights and providing high quality legal representation at an affordable cost to those accused of DUI and other crimes in Colorado. Schedule your free consultation with our DUI defense attorneys today. To schedule your free consultation, call our office today at (720) 405-5500.

Third DUI Offense

When you have two or more alcohol related driving convictions and you are charged with a DUI Third, you will be facing significantly higher penalties than those associated with a DUI Second offense. Drivers charged with their third alcohol related driving offense are facing significant jail time in the county jail. Most judges in Colorado take a strong stand on third time DUI offenders and will give out the maximum jail sentence of one year in jails. The court would also impose an additional suspended one-year jail sentence to ensure that the offender successfully completes the terms and conditions of probation.

A third time DUI conviction may result in the following possible penalties:

If you are facing a third DUI charge, be sure to contact a qualified and experienced Denver DUI attorney who can advise you of the penalties you are facing. At Nellessen Legal, LLC., we can help you reach the most favorable disposition in your DUI case. To schedule a phone consultation with one of our attorneys, please call Nellessen Legal today at (720) 405-5500 or Contact Us through this website.

Felony DUI

As of June 1, 2015, a person who is charged with a fourth alcohol related driving offense will be charged with a Class 4 felony in the state of Colorado. Under the sentencing guidelines of a class 4 Felony, the court may impose a prison sentence of 2-4 year which would also include one year of parole. A fourth DUI offense may also result in fines and costs that could reach tens of thousands of dollars. If the curt does not impose a sentence to the Department of Corrections, the court would be required to impose a sentence to the county jail. A county jail sentence would require a minimum of 90 days to 180 days in jail with no ability for work release or other sentencing alternatives. If the court deems it appropriate to impose a sentence that would include work release, then the county jail sentence would be from 120 days to two years in jail. A person convicted of a fourth DUI would also be subjected to an alcohol evaluation which would recommend alcohol education and therapy, Useful Public Service hours, a Victim Impact Panel, and any other conditions that the court deems appropriate.

If you are charged with a fourth DUI offense, you need the best possible representation available. Judges have broad discretion in imposing penalties under Colorado’s felony DUI law. A skilled and experienced Colorado DUI attorney will be able to develop a plan to minimize the potential penalties that a judge could impose. Colorado DUI Attorney Thomas Nellessen of Nellessen Legal, LLC., is equipped to fight vigorously to protect your rights and liberties and will provide you with a roadmap to minimizing any potential consequences in your case.

Driving Under the Influence of Drugs

In Colorado, the DUI laws do not separate alcohol related DUI offenses from Drug related DUI cases. Since Colorado DUI laws state that it is a crime “to drive a motor vehicle or vehicle under the influence of alcohol, or one or more drugs, or a combination of both alcohol and drugs…,” A who person is charged with Driving Under the Influence of Drugs (DUI-D) faces similar penalties as a person charged with an alcohol related DUI offense. These potential penalties include a potential jail sentence, Useful Public Service hours, Drug Education classes, etc.

As one of Colorado’s top DUI defense attorneys Thomas Nellessen of Nellessen Legal has the knowledge and experience to find flaws in the prosecution’s case and in developing defenses that may assist in result in the dismissal of your case. If you have been charged with a drug related DUI offense, Nellessen Legal is the right choice

Contact Us for your free initial consultation and case evaluation by calling

(720) 405-5500,

or by reaching out to us through this website