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Breckenridge Driving Under the Influence of Drugs Defense Attorneys

Lawyers Build Substantial Legal Defenses in Breckenridge Drug DUI Cases

Breckenridge is a beloved tourist destination in Colorado that’s known for its stunning mountain views, world-class skiing, and energetic nightlife. However, the combination of excitement and allure of recreational drugs can sometimes lead visitors to make poor decisions, such as driving under the influence. Unfortunately, this can result in serious legal consequences, especially when drug impairment is involved.

At Whitaker & Penix, LLC, we understand that anyone can experience a lapse in judgment. The unique blend of experience our lawyers bring to the table prepares us to fight vigorously to protect your rights as our client.

Esteemed attorney Kylie Whitaker brings seven years of experience as a criminal prosecutor and former assistant DA in Breckenridge courts. She deeply understands criminal defense and is committed to her clients, offering 24/7 availability. Attorney Ehren Penix adds three years of experience as a criminal prosecutor and four years in private practice, making our law firm well-equipped to handle your case with skill and empathy.

Contact our Summit County criminal defense law firm at (970) 368-0602 for the experienced legal defense you need. We are here to ensure that one mistake doesn’t define your future.

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Understanding DUI Laws in Breckenridge and Throughout Colorado

Driving under the influence (DUI) in Colorado is defined as operating a motor vehicle while impaired by alcohol, drugs, or both. The law covers both illegal drugs and prescription medications that can impair your ability to drive safely. The scope of DUI laws is broad, encompassing any substance that affects your physical or mental faculties to the point where driving becomes unsafe.

The primary statute governing DUIs in Colorado is CRS § 42-4-1301. This law outlines the definitions, penalties, and procedures associated with DUI charges, including those involving drug impairment. Notably, Colorado treats drug DUIs with the same seriousness as alcohol-related offenses, with significant legal consequences.

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Role of Field Sobriety Tests and Assessing Drug Impairment

When police suspect drug impairment, they may ask you to perform various field sobriety tests (FSTs). The most common tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. These tests are designed to assess your physical coordination and ability to follow instructions, which can be impaired by drug use.

In many cases, it may be advisable to respectfully decline all physical FSTs, as these tests can be highly subjective and unreliable. However, you should comply with any chemical tests, such as blood tests, which are more scientifically grounded and required by law.

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Possible Penalties for Drug DUI Conviction in Breckenridge

It’s important to be aware of the serious penalties that can come with a drug DUI conviction, as they can impact various aspects of your life.

Some of the potential consequences you might encounter if found guilty of a drug DUI include:

  • Fines and Court Costs: Convictions for drug DUIs can lead to substantial fines that can amount to up to $5,000 for misdemeanors and $500,000 for Class 4 felonies. Court costs and other related fees can further add to the financial burden.
  • License Suspension: A drug DUI conviction can result in the suspension of your driver’s license for a period that can range from several months to over a year. Reinstatement often involves completing a drug education program and paying reinstatement fees.
  • Jail Time: Depending on the circumstances, you could face jail time for a drug DUI. Misdemeanor DUIs can result in up to 18 months in prison, whereas a Class 4 felony DUI can result in up to 16 years in prison. Repeated offenses or causing an accident are aggravating factors that can significantly increase the likelihood of incarceration.
  • Probation: If you are sentenced to probation, you may be required to adhere to strict conditions, such as regular drug testing, attending treatment programs, and meeting with a probation officer. Failure to comply with these conditions can result in additional penalties.
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Drugs That Can Lead to Behind-the-Wheel Impairment

Certain prescription medications can impair your ability to drive safely, leading to DUI charges. Examples include opioids like OxyContin and Vicodin, benzodiazepines such as Xanax and Valium, and stimulants prescribed for ADHD.

Even over-the-counter medications can impair driving. Examples include antihistamines and cold medications, which can cause drowsiness or slowed reaction times. Illicit drugs, such as marijuana, cocaine, methamphetamines, and heroin, significantly impair driving ability and are frequently associated with drug DUI charges. Mixing drugs, whether prescription, over-the-counter, or illicit, can increase impairment risks, leading to more severe DUI charges and penalties.

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What Are Some Common Strategies Used Against Drug DUI Charges?

When facing drug DUI charges, several effective defenses may be available to challenge the evidence and procedures used against you.

Below are some common strategies that can be employed to fight drug DUI allegations:

  • Challenging Field Sobriety Test Results: Field sobriety tests are often unreliable and can be challenged in court. We can argue that the tests were improperly administered or that their results do not accurately reflect impairment.
  • Questioning Drug Impairment Evidence: We can contest the validity of drug impairment evidence, particularly if it is based on subjective observations or unreliable testing methods.
  • Medical Conditions and Prescription Errors: If a legitimate medical condition or prescription error led to your impairment, we could use this as a defense to reduce or dismiss charges.
  • Improper Police Procedures: We will scrutinize how the police collected and handled evidence. Any deviation from proper procedures could result in the exclusion of evidence or dismissal of charges.
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Our Breckenridge Criminal Attorneys Can Help With Your Drug DUI Charges

At Whitaker & Penix, LLC, we provide proficient legal representation to those facing drug DUI charges. Our Breckenridge DUI defense lawyers will develop a tailored defense strategy to achieve the best possible outcome for your case.

Contact us today at (970) 368-0602 for a free consultation to discuss your case—our drug DUI lawyers are prepared to begin formulating your defense.

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