Law Office of Joseph A. Lazzara P.C.

FAQs

• What types of customers have you worked with?

  Practice Areas The Law Office of Joseph A. Lazzara prides itself on providing experienced and affordable legal representation in the following areas: Criminal Defense Assault Burglary Conspiracy Criminal Mischief Criminal Trespass / Criminal Tampering Lawyer Department of Motor Vehicle Hearings Disorderly Conduct and Disturbing the Peace Domestic Violence Drug Offenses Drunk Driving Offenses Felonies Forgery and Fraud Harassment Kidnaping and False Imprisonment Menacing Misdemeanors Murder and Homicide Reckless Endangerment Robbery Theft Traffic Offenses / Vehicular Eluding Vehicular Assault and Homicide Weapons

• What advice would you give a customer looking to hire a provider in your area of work?

  DUI Info Joseph A. Lazzara is a trial attorney and has represented clients in criminal and civil cases throughout his tenure. Mr. Lazzara has argued cases in the various appellate courts in Colorado and has been instrumental in creating new law. Mr. Lazzara has distiquished himself as a litigator by successfully representing thousands of individuals that have been arrested for alcohol related offenses. A DUI in Colorado will typically involve two separate legal proceedings, the criminal part that is concerned with prosecution and the civil aspect of it with the Department of Motor Vehicles that is concerned with the revocation of a persons driver’s license. Driving Under the Influence of Alcohol requires a blood alcohol content (BAC) of 0.08 or higher. However, Colorado also recongnizes the DWAI or Driving While Ability Impaired by Alcohol which typically requires a BAC of 0.05 – 0.08. These charges are also definitional charges and one can be convicted of DUI if the person is “substantially affected by alcohol, drugs or a combination of the two” or DWAI if the person is “affected by alcohol, drugs, or a combination of the two to the slightest degree.” A common question that arises is “Can I fight my DUI or DWAI?” Certainly one can fight and even beat a DUI or DWAI in spite of the BAC results. Each case is different and I personally review all the discovery, police reports, test results, maintenance records, log records, calibration records, etc. to determine the validity of the stop, the arrest and the test result. Hiring an attorney that thoroughly reviews and understands all the information is essential to protecting your rights and minimizing any potential adverse consequences to your license and freedom. Probably the most critical question that is asked is “What is the first thing I need to do?” The first thing that someone should do is contact an experienced attorney to obtain advice. Joseph A. Lazzara offers a free initial consultation. The next thing that must be done if you have submitted to a breath test over the legal limit of 0.08 or you refused to take a blood or breath test upon being arrested for a DUI, is to immediately and no later than 7 days after the incident request a motor vehicle hearing. If you fail to request a hearing in time, the DMV will automatically revoke your driving privileges. If you submitted to a blood test and the officer did not seize your driver’s license, then you are not required to request a DMV hearing within 7 days as you will be notified by the DMV by mail of your status and the right to request a hearing once the blood result is obtained assuming it is over the legal limit of 0.08. “If I am under 21 years of age and arrested for a DUI, do the same rules apply?” If you are under 21, different rules and penalties may apply. A person under 21 is not governed by the 0.08 standard but 0.02. As such, if you submitted to a breath test with a result of 0.02 or higher, or you refused to submit to either a blood or breath test, then you must, within 7 days, request a motor vehicle hearing, otherwise you will suffer a license revocation. Additionally, many courts will try to impose a jail sentence for underage defendants. Additionally, the penalties can be more severe so it is important that you contact an attorney to discuss your case and your rights. “Will the Court take into consideration my life circumstances, my career, and the proactive steps I’ve taken since the incident?” As your attorney we will always fight to protect your rights, fight to minimize any potential consequences and ensure that both the court and the prosecutor understand your personal circumstances, how the DUI affects you, and what steps you have taken to address the seriousness of the case. 42-4-1301. Driving under the Influence 42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample – testing 42-4-1301.4. Useful public service – definitions – local programs – assessment of costs 42-4-1302. Stopping of suspect 42-4-1303. Records – prima facie proof 42-4-1304. Samples of blood or other bodily substance – duties of department of public health and environment 42-4-1305. Open alcoholic beverage container – motor vehicle – prohibited 42-4-1306. Interagency task force on drunk driving – creation – repeal 42-4-1307. Penalties for Traffic Offenses Involving Alcohol and Drugs – Repeal 42-2-125. Mandatory revocation of license and permit 42-2-126. Revocation of license based on administrative determination 42-2-126.3. Tampering with an ignition interlock device 42-2-127. Authority to Suspend License – to Deny License – Type of Conviction – Points 42-2-132. Period of suspension or revocation