Colorado Springs DUI Attorney2022-05-17T12:35:10+00:00

At Liberty Law Center, we know that even one DUI is too many. Our Colorado Springs DUI Lawyers have seen DUI convictions wreck careers, relationships, and futures. We don’t want this to happen to you.

Our criminal defense law firm fights aggressively for our clients after a DUI. We believe that one mistake should not define you. Our lawyers put their years of trial experience and skills to build the strongest legal defense against even the most serious DUI charges.

Learn more about how we can help you beat DUI charges, call us today for a FREE consultation at 719-358-7053. We can help you explore all your legal options.


What is a DUI Offense in Colorado?

In Colorado, anyone over the age of 21 can be charged with driving under the influence of alcohol if they have a BAC (blood alcohol content) of 0.08 or higher. Juveniles under the age of 21 can get charged with DUI if they have a BAC of just 0.02 or higher.

Contact Us Now for a Case Evaluation

What to Do After a DUI Arrest

If you have been arrested for DUI in Colorado, these steps you take next could have a significant impact on your case.

What To Do

  • Get a ride home from the police station with a trusted family member or friend
  • Memorize and record your court date. You cannot miss this court appearance.
  • Call an experienced DUI attorney immediately
  • Stay off of social media after your arrest
  • Make arrangements for transportation to and from your court appearance
  • Discuss license reinstatement with a defense attorney
  • Prepare for your court appearance
  • Look into SR-22 insurance and possible ignition interlock device costs

What Not To Do

  • Do not resist arrest or argue with the police officer
  • Do NOT drive on a suspended or revoked license
  • Do NOT tell the officers more information than they need to know. Once you have been arrested, anything you say can and will be used against you.

Do I Need a DUI Criminal Defense Lawyer in Colorado Springs?

YES. Even though you may feel as if you are guilty, you still need a defense attorney. Your DUI attorney can ask the courts for a lesser sentence that might include community service or treatment in lieu of jail time. Your lawyer has helped hundreds of people through the court process- they know what is a good deal, what is a great deal, and if your case should go to trial. Even if you know you are “guilty”, your lawyer will make sure you are treated fairly and will help you keep your dignity and protect your rights.

You have a right to fight these serious charges and prevent them from destroying your future or causing you unnecessary financial strain. Our law firm cares about you and fights to protect the things that are important to you. We have helped countless Colorado Springs drivers after a DUI, and we can help you too.

Contact Us Now for a Case Evaluation

The Cost of a DUI

Getting a DUI is costly. From court fees to increases in insurance premiums, Colorado Springs drivers are often shocked at how much a DUI can cost. According to the Colorado Department of Transportation, the average cost of a DUI is $13,530.

Here are some of the costs you can expect when charged with a DUI:

  • Insurance rate increases by $3600 or more
  • Ignition interlock device costs up to $2100
  • Drug and alcohol abuse treatment program can cost roughly $1000
  • Fines for first conviction can be between $600 and $1000
  • Additional include:
    • Court fees
    • Restricted licenses
    • License reinstatement fees
    • Victim assistance fund
    • Vehicle towing
    • Vehicle impound fees
    • Probationary drug and alcohol evaluation
    • Detox in jail fees
    • And more

Your actual drunk driving charges may vary. Our experienced DUI Lawyers can help you understand the full costs of a DUI and break down what you can expect to owe throughout the course of the process.

DUI Penalties

Colorado Springs drivers arrested for DUI face serious consequences and penalties. Even first-time offenders can find their lives are changed forever. Losing your license can make it difficult to go to work, provide for your family, and enjoy your life. The penalties you face in court depend largely on the amount of alcohol in your blood at the time of your arrest and any prior convictions.

First DUI Penalties and Consequences

  • Five days to one year in jail (two to 180 days for a DWAI)
  • Fines up to $1,000 ($500 for a DWAI)
  • Loss of driver’s license for nine months
  • Up to 96 hours community service (maximum of 48 for a DWAI)
  • Alcohol treatment and education classes
  • If the driver’s BAC is over 0.15, Colorado will designate them as a Colorado persistent drunk driver on their driver’s license, even if this is their first DUI. If
  • BAC is over 0.2, the law requires a mandatory jail sentence of 10 days.

Second DUI Penalties and Consequences

  • 10 days to 1 year in jail
  • Fines between $600 and $1,500
  • Loss of driver’s license up to one year
  • Mandatory ignition interlock device for two years after your license suspension is done
  • Mandatory alcohol education
  • Community service 48-120 hours

Third DUI Penalties and Consequences

  • 60 days to 1 year in jail
  • Fines between $600 and $1,500
  • Loss of driver’s license for two years
  • Mandatory ignition interlock device for two years after your license suspension is done
  • Mandatory alcohol education
  • Community service 48-120 hours

Probable Cause in Colorado Springs DUI Cases

To legally justify a DUI arrest, an arresting officer must show probable cause. The police must show enough evidence to support the reasonable belief that you were driving under the influence of alcohol.

Some evidence a police officer might show to establish probable cause may include:

  • Reckless driving (weaving in and out of lanes, slow driving, or driving the wrong way on a road)
  • In-person observations (such as bloodshot eyes, an odor of alcohol, slurred speech)
  • DUI testing (this includes field sobriety tests, breathalyzers, and even blood alcohol tests)
  • Traffic violations
  • Traffic accidents

Even though you must legally submit to a BAC test in the state of Colorado, you doNOT have to take field sobriety tests or breathalyzer tests on the scene. Field sobriety tests can be highly subjective, and police officers often administer breathalyzers incorrectly. As a result, you could get arrested even when you are not driving under the influence of alcohol.

Request a blood-alcohol test to be administered instead of a breath-alcohol test, if the officer says they have probable cause to arrest you for DUI. This is your right under Colorado law, and it leaves less room for error.

Common Defenses Against a DUI Charge

If you are arrested and charged with DUI, our law firm will get to work quickly building a solid defense against your charges. With the right defense, it is possible to have drunk driving charges dismissed or reduced. If this is your first offense, your chances are even greater of having the charges reduced.

At Liberty Law Center, our Colorado Springs DUI arrest attorneys will do everything possible to reduce the penalties and consequences you face. We start with an extensive investigation into your arrest. We look at all BAC testing for mistakes or improper collections. We examine the police reports and eyewitness testimony. Our lawyers examine the breathalyzer maintenance history to determine if improper calibration or maintenance resulted in a false positive.

Anything we find, we use to build your defense. Our lawyers can use a variety of defenses after a DUI arrest, including:

  • Officer did not have probable cause to stop you
  • You were not advised of your rights
  • Officers violated your rights when they arrested you
  • Driving was not impaired by the drugs in your system
  • Improperly conducted or collected blood test
  • Errors in blood test
  • Breathalyzer was not properly calibrated
  • Medical issues that may have resulted in false-positive breathalyzer
  • Blood test illegally obtained
  • Inconsistent witness testimony
  • Driving was not impaired
  • Unconstitutional Colorado sobriety checkpoint

Timeline of a DUI Case

The Colorado DUI criminal court process can be difficult and time-consuming. While each DUI case is different, the process is similar. Here is what to expect when going through the DUI process.

Arrest

You may have been arrested and taken to the police station. You may have been kept overnight, or you may have just received a citation for a DUI and released. The officer at the scene has the authority to decide whether to book you in jail, send you to a detox facility, or allow someone to come to pick you up.

Express Consent Hearing

If you refused to submit to a BAC test or consented to a breath-alcohol test, you have 7 days from your arrest to request an Express Consent Hearing. When you request this hearing, the DMV will send you a letter called the Notice of Hearing. This hearing will be set within 60 days from when you request your Express Consent Hearing. If you took a blood-alcohol test, you should expect to receive a notice of hearing if your result was over .08, though it may take anywhere from 30-90 days after you took the test to receive the notification.

Arraignment

An officer will issue you a Uniform Summons and Complaint or citation. It clearly states the time, date, and location of your mandatory court appearance or arraignment date. You cannot miss this date. If you do, the judge will issue a bench warrant for your arrest.

Pre-trial Conferences

These are scheduled court appearances where you and your DUI attorney go to court to meet the district attorney. This negotiation stage can take between two and four conferences where you will negotiate with the prosecuting attorney for a plea deal or dismissal of charges

Motion Hearings

Motion hearings are legal arguments made before a judge. Your lawyer and the DA will present their arguments and motion for suppression of evidence or dismissal of charges. The judge will then make a determination for which evidence will be suppressed moving forward.

Jury Trial

If your case proceeds to a jury trial, a jury of your peers will listen to your case and make a determination of guilt. If you are facing misdemeanor charges, you will face a jury of six peers. Typically, DUI jury cases take one or two days to complete depending on the complexity of the case.

Sentencing

If your case does not end in a dismissal, you will go to sentencing. This is when the judge assigns your sentence.

Types of DUI Cases in Colorado Springs

Different types of DUI cases require a law firm with special skills and experience. Our lawyers know how to navigate tough DUI cases, and we have the success rate to prove it.

DUI with Injury (Vehicular Assault)

DUI with injury is also known as vehicular assault. It carries significant penalties and consequences that go above and beyond typical DUI penalties. In Colorado, if you cause an injury to someone after driving drunk, you can face:

  • Up to six years in prison
  • Fines up to $500,000
  • Driver’s license suspension
  • Victim restitution
  • Three year parole period
  • Revocation of your driver’s license for up to a year or longer

A DUI with injury is considered a class 4 felony offense in Colorado.

DUI vs DWAI

There are technically two types of drunk driving offenses in the state of Colorado: Driving under the influence (DUI) and driving while ability impaired (DWAI). These offenses differ slightly, but in general, a DWAI is a lesser offense.

  • A DWAI means you were not over the legal limit for drugs or alcohol, but your driving was still impacted, even if it was just slightly..
  • A DUI means that you consumed alcohol to completely affect your ability to drive.

These slight differences can impact your driving record. We often try to get cases reduced to DWAI or even reckless driving.

Misdemeanor DUI vs Felony DUI

The majority of DUI cases are misdemeanors. Misdemeanors, while not as serious as a felony can still result in the same types of penalties as a felony conviction.

In Colorado, three prior DUI or DWAI convictions will result in felony charges. If convicted of a felony DUI, you will face a lifetime of consequences that can make it difficult to gain employment, possess a firearm, or even vote in elections. You also face:

  • Two to six years in Colorado State Prison
  • Fines between $2000 and $500,000
  • Three years of parole

William BeckWhy Liberty Law Center?

At Liberty Law Center, our Colorado Springs DUI defense attorneys care about you. We know that getting arrested and charged with a DUI is frightening. You may be concerned about your driving record, your insurance, and providing for your family. We can help minimize the impact on your future.

We are a small personalized law firm that provides BIG FIRM results. We have served Colorado clients for over 40 years and our lawyers have the experience and resources necessary to tackle any type of DUI case, big or small.

There’s a reason why so many Colorado Springs drivers turn to Liberty Law Center in their darkest hours. Call us to learn how we can help you!

Contact Us Now to Review Your Charges

DUI Frequently Asked Questions

How Much Does a DUI Lawyer Cost in Colorado?

The cost of an experienced DUI lawyer will vary based on the type of representation you need and the severity of your case. However, a recent study conducted by CDOT says the average cost is $3,650 to hire a lawyer to defend you after a DUI arrest. While this might seem costly, it is a small price to pay to protect your driving record and your future.

Can a DUI be dismissed in Colorado?

Yes! It is possible to have your DUI dismissed in the state of Colorado, and having the right defense attorney increases those chances.. Your attorney can fight to have the charges reduced to a lesser offense or even dismissed, especially if this is your first offense.

What happens when you get a DUI for the first time in Colorado?

When you get a DUI in Colorado for the first time, you face numerous penalties and consequences. You face the loss of your driver’s license, hefty fines, and increased insurance premiums. You also have a misdemeanor on your criminal record. Many drivers arrested for DUI in Colorado also spend time in jail and must undergo community service or alcohol classes.

How long do DUIs stay on your record in Colorado?

A DUI stays on your record forever in the state of Colorado. However, the “look back” period for which past DUI convictions can impact you is 5 years. This is important if you’re arrested for a subsequent DUI. If your first DUI is still within that lookback period, you can face even harsher penalties and consequences for subsequent DUIs.

Can you be charged with DUI after the fact in Colorado?

Yes, if the police believe that there is enough evidence to suggest that you were under the influence of alcohol or drugs when you were driving, you can face DUI charges. When this occurs, you need an experienced Colorado Springs DUI attorney who can fight for you and your future.

How much is a first time DUI in Colorado?

Getting a DUI is more expensive than many people realize. Even first-time DUI offenses can cost a significant amount of money. According to the Colorado Department of Transportation, the average cost of a DUI is $13,530. This includes attorney fees, ignition interlock devices, fines, and more.

Arrested for DUI in Colorado Springs? We Can Help!

If you were arrested and charged with DUI in Colorado Springs, you need a law firm on your side that can fight back. Our skilled Colorado Springs DUI defense lawyers know how serious charges DUI charges truly are. We work around the clock to protect your rights and your future.

We are a trusted Colorado DUI defense law firm and are proud to offer legal guidance and assistance to individuals in Colorado Springs, Castle Rock, Pueblo, Teller County, and throughout the Pikes Peak Region.

Complete a form or call today 719-578-1183 for a free consultation:

DUI/DUID Articles

Holidays and Designated Drivers

With the summer holidays and with the number of parties and barbeques people will attend there will be an increased intake of alcohol. If you are headed to a home or a friend or family member, a

DUI Checkpoints & Unnecessary Arrests

Holidays in  Colorado mean an increase in DUI checkpoints and DUI patrols and several more DUI arrests.  It’s true that instances of impaired driving tend to go up when people feel as though they have a reason

Can I Get Arrested for a DUI If I’m Not Driving?

If you have been arrested for a DUI, but feel that it has been unwarranted because you weren’t actually driving your car, you may have wondered if you can fight the charges against you. It’s a good

What Are DUI Laws & Penalties in Colorado?

What Are DUI Laws & Penalties in Colorado? Drinking under the influence is a serious offense with serious consequences, especially since you may have your license suspended. Depending on the test you chose, you may need to

DUI Under 21 in Colorado

Receiving a DUI has its consequences here in Colorado, but receiving an DUI for underage drinking can have a serious impact for the future of the driver. For those under 21, getting a DUI can have varying

Colorado Out of State DUI

Getting a DUI in any state is an incredibly frustrating and emotional situation, but when you are visiting Colorado from another state, it will add another level of complexity to the experience. The biggest thing to keep

5 Ways Alcohol Negatively Affects Your Body

Most people are unaware that alcohol affects every part of your body, and not always with excessive use. Alcohol does more to your body than just the initial, “drunk” it gives you, it can really damage your

3 Reasons Why You Should Have a DUI Lawyer

  According to the National Highway Traffic Safety Administration, two in three people will be involved in a drunk driving accident. This means that this is something that almost everyone will encounter at some point in their

Smartphone Breathalyzer Apps: Possible DUI Preventative

These days, our smartphones are able to do almost anything for us—track our speed in traffic, give directions, count our footsteps, identify our sleeping patterns…Our pocket-sized, handheld devices are capable of providing us with technology that we

5 Surprising Facts about DUI’s

Driving under the influence: this is something that resonates throughout news articles, social media, and casual conversation. It is something that we’ve always been warned against. However, despite the buzz about DUI’s, it can happen to anyone,

Should I request the officer for the DMV hearing?

Clients will ask us if they should request the officer for the DMV Express Consent hearing.  We usually tell them to say no, unless the arresting officer was from the Colorado State Patrol.  This way, we can

Refusing The Chemical Test In Colorado?

We are often asked about refusing the chemical test in Colorado and “what happens if I refuse the chemical test?’ The answers to these important questions, may be different now after the Colorado legislature’s recent expansion of

NTSB recommends lowering DUI level to .05

  The National Transportation Safety Board (NTSB) issued a report on May 14, 2013 calling on states to reduce the BAC limit to .05 for driving under the influence. The report, Reaching Zero: Actions to Eliminate Alcohol-Impaired

UPDATE: Dept of Health Blood Tests

We have new information, since we first reported about the problems with the Department of Health blood tests at the Colorado Department of Public Health & Environment. We subpoenaed the analyst, Mitchell Fox-Rivera for a DMV hearing

CO Department of Health Blood Tests Inaccurate

In going through some police reports earlier this week, we came across a memo from the toxicology lab supervisor at the Colorado Department of Public Health and Environment. The supervisor reported in her memo that several blood

The Persistent Drunk Driving Act of 1998

As a consequence of The Persistent Drunk Driving Act of 1998, the Persistent Drunk Driving Committee formed in an effort to develop and implement programs aimed at deterring persistent drunk and drug-related driving.   The PDD Committee consists

Alcohol Awareness Courses

Depending on the circumstances surrounding a DUI or DWAI charge, a court may sentence the convicted to mandatory alcohol awareness classes.  This type of sentence is often the case for plea bargains or deferred sentences for alcohol-related

Alcohol Testing: Knowing your PBTs and EBATs

While you may already be aware that law enforcement officials have an array of devices at their disposal for measuring the amount of alcohol in your blood stream, you may not be aware that—during DUI related incidents—officials

Show More Posts
Go to Top