Colorado Springs DUI Attorney2021-06-14T16:23:31+00:00
When faced with a DUI, you need someone on your side who can fight to protect your license, your driving record, and your future. Colorado’s authorities and prosecutors aggressively pursue convictions against drunk drivers and even first-time DUI offenders can find themselves facing jail time and the loss of their license. This can have a detrimental effect on your professional and personal life for years to come. In addition, you may find yourself paying thousands of dollars more in fees and increased insurance charges.
How do you beat DUI charges and protect your driving record? A Colorado Springs DUI attorney at Liberty Law Center can help you fight serious DUI charges because we believe that one mistake should not define you. After all, everyone is innocent until proven guilty. Our lawyers know how to build a strong legal defense against even the most serious DUI charges. We take the time to listen to your story and investigate your arrest, so we can expose the weaknesses in the prosecution’s case.
Below you will find a lot of information. We at LLC are here to help you through this situation, answer your questions, and provide a safe space to discuss your concerns
Driving Under the Influence (DUI) in Colorado Springs
In Colorado Springs, any adult driver over the age of 21 with a BAC of 0.08 or higher is guilty of driving under the influence of alcohol. If you are pulled over by a police officer, you may be arrested and charged with DUI. If you are under the age of 21, you can be arrested for DUI with a BAC over 0.02. Juveniles face harsh penalties if they are caught driving after drinking.
A DUI means that you were driving a motor vehicle after consuming drugs or alcohol in an amount that affects your ability to operate a vehicle safely. When your BAC is greater than 0.08, the law considers you to be at that threshold.
A DWAI is slightly different. It means that you were driving a motor vehicle after consuming drugs or alcohol in an amount that could affect your ability or may render you less able to operate a vehicle safely. It is an intermediate step between driving without consuming any alcohol and driving drunk. The legal standard is that the drugs or alcohol affected your ability to drive “to even the slightest degree”, which is a very low threshold.
At Liberty Law Center, our Colorado Springs DUI defense lawyers know how to investigate your charges and help determine if we can get those charges reduced to DWAI or even reckless driving. We work tirelessly to prevent you from facing maximum penalties and consequences of a DUI arrest.
DUI Laws and Penalties for Colorado Springs Drivers
Colorado Springs drivers who face a DUI can find themselves in serious trouble. A DUI conviction can significantly impact your entire life and your ability to work, spend time with your family, and enjoy your hobbies. The amount of alcohol in your blood and your past convictions will determine the penalties you face.
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 9 months
Up to 96 hours community service (maximum of 48 for a DWAI)
Alcohol treatment and education classes
If your BAC is over 0.15%, Colorado designates you as a Colorado persistent drunk driver for purposes of your driver’s license, even if this is your first DUI. If your 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 1 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
Felony DUI in Colorado Springs
The majority of DUI offenses in Colorado are considered misdemeanors. While misdemeanor convictions can still have serious detrimental effects on your life, they pale in comparison to the effects of a felony conviction. Once you have a felony record, you will face a long and uphill battle throughout your life. Felony convictions follow you throughout life and make it harder to get jobs, secure housing, and move forward in your future. Felony convictions can also carry significant reductions in your rights, such as removal of your rights to own or possess a firearm, and can limit voting rights as well.
If you have three prior DUI convictions anywhere in the United States, you will face additional felony penalties, including
Two to six years in Colorado state prison
Fines between $2,000 and $500,000
Three years of parole
If you injure or kill another person while driving under the influence of alcohol, you may face even harsher charges, such as vehicular assault or vehicular manslaughter.
Driving Under the Influence of Drugs in Colorado Springs
Driving under the influence of drugs (DUID) in Colorado Springs is taken very seriously. Even though Colorado legalized recreational marijuana years ago, they take a hard stance against anyone driving while high. If you have consumed one or more drugs that make you substantially incapable of driving a vehicle safely, you can be arrested and charged with DUID. This includes any drug, even prescribed and over-the-counter medications.
When you face DUID charges, you frequently face other serious drug charges, such as possession of a controlled substance or possession with intent to sell. When you are stopped and an officer suspects that you have been driving under the influence of drugs, you must submit to a DUID blood test. If you refuse to take this test, you face the same serious consequences as refusing to submit a DUI blood test for alcohol.
A conviction for drugged driving is serious and can have long-lasting effects. While it may seem impossible to beat these charges, this is often untrue. With the right legal representation, there are many ways you can defend against a DUID. A Liberty Law Center, our Colorado Springs DUI lawyers know how to build solid defenses for our clients. IF this is your first offense, we can often get the charges reduced or dismissed.
The state of Colorado designates some drivers as Persistent Drunk Drivers (PDD). These drivers are considered to be aggravated DUI offenders and by law, they face more serious penalties. The Colorado DMV imposes this label if you:
The Colorado DMV imposes this label if you:
Have two or more DUI convictions
Have a driver’s license revoked for two or more alcohol convictions
Drive with a BAC over 0.15%
Refuse to take a DUI test
You can receive the PDD designation even if this is your first offense. Once you are designated as Persistent Drunk Driver – PDD, your driving privileges will not be restored until you comply with specific requirements, such as:
Completing a level II DUI alcohol treatment program
Installing an ignition interlock device on your car for at least two years
Purchasing an SR-22 for at least two years
DUI Defenses in Colorado Springs
If you are arrested and charged with DUI or DUID, you need to mount an aggressive and swift defense against these charges. Many drivers believe there is little they can do to beat these charges. However, this is untrue. At Liberty Law Center, our Colorado Springs DUI arrest attorneys know how to build a solid defense. We investigate your arrest and review the details surrounding your BAC testing. We look for improper collections or mistakes that may have tainted samples or violated your rights. We examine the breathalyzer and maintenance history to determine if improper calibration or maintenance may have resulted in a false positive. We can even employ expert witnesses to help analyze the data and evidence.
Our lawyers can use a number 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 calibrated properly
Medical issues that may have resulted in false positive breathalyzer
When you drive on Colorado roads, you are automatically agreeing to submit a BAC test if an officer suspects you have been drinking and driving. This is known as express consent. Even though you have consented to this test by driving in Colorado Springs, you do have rights. Colorado drivers have the right to:
Choose between a DUI blood test or a DUI breath test
Have those tests administered promptly and within a reasonable amount of time (two hours)
Refuse to take a BAC test
Blood Test vs Breath Test
There are significant differences between blood and breath tests. Both tests will determine the amount of alcohol in your bloodstream, but blood testing has some advantages. Namely, they are less prone to errors. When officers use breath tests in the field, you may get arrested for DUI even when you are not truly intoxicated. That is because breathalyzers can be improperly calibrated or administered. If an officer makes a mistake while administering these tests, you will pay the price.
Blood tests must be administered by a qualified medical professional. A sample is then saved and made available for independent testing, which can help prove your innocence. Blood tests are also used in cases where drugs are thought to be involved and can reveal many substances that may have been consumed by a person prior to their driving.
The main benefit of breath tests is that they give immediate results. . Breath tests must be closely analyzed to ensure those results are accurate, as each machine must be appropriately calibrated, each officer who administers the case must be certified to do so, and the rules and procedures that ensure accurate results must be followed. If the procedures are not followed, your attorney may be able to get the results thrown out, or challenge their accuracy. The major downside to a breath test is there is no way to take a second sample of your breath and have it preserved to ensure accuracy.
No matter what type of BAC test you submitted, the Colorado Springs DUI defense attorneys at Liberty Law Center can help you challenge the results. We know that so many aspects of your life hang in the balance after a DUI arrest. We want to help keep you out of jail, save your license, and get the charges against you reduced or even thrown out altogether.
Blood Alcohol Concentration (BAC) and Colorado Springs DUI
When you are arrested, you may hear officers and prosecutors talking about BAC levels. BAC levels refer to the percentage of your blood that is concentrated with alcohol. The law uses BAC levels to determine how “drunk” you truly are.
The higher your blood alcohol concentration, the more effects you will feel. For example, a driver with a BAC of .10 may experience slurred speech, staggering, decreased motor functioning and depressed reflex skills. A driver with a BAC of .20 may suffer with loss of consciousness and loss of understanding.
In the state of Colorado, drivers with a BAC over 0.08 are considered to be driving impaired and officers will arrest them and charge them with DUI. Colorado also has a zero tolerance policy for minors. This means that minors under the age of 21 with any amount of alcohol in their blood are considered to be driving impaired and can be arrested for DUI.
Refusing a BAC Test
Unfortunately, if you refuse a BAC test, you will face serious consequences. The law requires you to submit to a BAC test if you are suspected of drunk driving. Consequences for refusing my include:
Automatic suspension of your driver’s license
Mandatory alcohol and drug treatment
Mandatory installation of an ignition interlock device
Why Choose the DUI Attorneys at Liberty Law Center
We care about you, and understand that being arrested on DUI charges is frightening and challenging at the same time. Every DUI attorney at Liberty Law Center seeks to minimize the impact on your life and your future with thorough, aggressive defense.
We defend minors accused of underage drinking and driving, as well as repeat offenses and out-of-state drivers.
People rely on Liberty Law Center for many reasons, including our:
Small-firm/ Personalized Service — We handle sophisticated DUI cases with the highest degree of professionalism do so in a small-firm environment.
Strong Recommendations — Peers, judges, and former clients have recognized Liberty Law Center’s achievements over Colorado’s decades of practice.
Experienced / Knowledgable Staff — We have been serving Colorado clients for over 40 years. Our lawyers and employees have the background and commitment necessary to provide high-quality, caring representation whether your case is highly contentious or can be resolved amicably.
Reasonable Retainers — Our Colorado Springs DUI attorneys believe everyone should have access to quality legal representation. We work with our clients to break down the payment barriers to provide the legal support you deserve.
DUI/DUID Frequently Asked Questions
What is the difference between a Revocation and a Suspension?2021-03-27T16:40:05+00:00
If you are revoked, you are generally not eligible for a work license or any other driving privilege unless you are eligible for a restricted interlock driver’s license. In some situations, you may be able to reinstate early. A suspension usually results from getting too many points and you are usually eligible for limited driving privileges for work, school and medical purposes if approved by the DMV.
What is an interlock device?2019-04-06T02:19:28+00:00
An interlock device on your car requires you to breath into it before the car will operate to make sure you have not ingested any alcohol. You have to pay installation and monitoring costs. The interlock must be installed on any car you drive or own. If you are caught driving a car that does not have the interlock, you may be charged with a new offense. If your interlock device detects alcohol, your car won’t start, and it will be reported to the DMV as a violation. These violations can lead to various penalties with the DMV. There are different interlock devices on the market and some clients have experienced problems with some of the units. Our attorneys can help advise you on how to deal with this situation if you are ordered to have an interlock installed in your car.
What If I’m From Out Of State?2021-06-14T16:28:19+00:00
If you are a driver from another state, you are subject to the same laws and penalties as a Colorado-licensed driver. This also applies to the Colorado express consent laws. That means that as a condition of driving in Colorado, you agree to chemical testing if you are stopped by law enforcement. If you refuse a test, your driver’s license will most likely be revoked for one year. Even though you are not a Colorado citizen, this revocation can affect your driving privileges in your home state as well.
We represent out-of-state drivers charged with DUI and other traffic offenses here in Colorado, and we can help you with DMV issues that arise from you refusing a chemical test. Depending on the county in which you were charged, w can often resolve the situation for out-of-state clients without them having to return to Colorado.
What If I Hurt Someone When I Was Driving Under The Influence?2020-11-12T20:26:25+00:00
If you seriously injure someone while you are driving drunk, you may be charged with vehicular assault and DUI arrest. This is a Class 4 felony with a potential prison sentence of four to 12 years. If you kill someone while driving under the influence, you could be charged with vehicular homicide, a Class 3 felony, punishable by prison time. When we defend a vehicular assault case, we get to work quickly to build a strong case.
It is important to investigate the accident thoroughly. To do this, we may hire an accident reconstruction expert to interpret and analyze the evidence in your case. We go to the scene, interview witnesses, aggressively litigate motion issues, and whatever else is needed to build the strongest defense possible. Your very future and your freedom are at stake, and our attorneys take our DUI and DWI defense work very seriously. Liberty Law Center’s goal is to get the charges reduced, dismissed, or if necessary, take your case to trial.
What happens if I refused the chemical test?2019-04-06T02:15:39+00:00
A Department of Motor Vehicle administrative hearing will be held if your test result is .08 or over (.02 if you are under 21 years of age) or if you refused to take a chemical test. On first offenses the DMV will revoke your license for 9 months. You are eligible to reinstate after 1 month of no driving if you install an interlock device in your car. If you install the interlock, there are no limitations on where or when you can drive. There are provisions which may allow the interlock device to be removed early. If your license has been revoked on a prior offense in which you submitted to a chemical test, your driving privileges will be revoked for 1 year. If your license has been revoked on 2 prior offenses in which you submitted to a chemical test, your driving privileges will be revoked for 2 years. If you refused to take a chemical test and lose the hearing then your license will be revoked for 1 year on a first offense refusal, 2 years on a second refusal, and 3 years on a third refusal. You may also be eligible for early reinstatement if you install an interlock device in your car.
The courthouse is the second place your license is in jeopardy. In Colorado a driver aged 21 or over has 12 points in any one-year period. If you plead guilty to DUI, the period of suspension is 9 months. If your license was revoked for excess alcohol (BAC above .08), the revocations will run concurrently and the DMV will not suspend your license for any more time. DMV proceedings and court proceedings are hardly related at all. It is entirely possible to lose at DMV and not be convicted in court or vice versa.
People who have been previously convicted of DUI, DWAI or have been revoked by DMV in the past or revoked for an alleged refusal are subject to various rules regarding length of revocations and early reinstatement. The changes in Colorado DUI laws have made license issues very complicated. It is best to contact a lawyer as soon as you are charged or aware that there may be a problem. Our office offers a free initial consultation so don’t hesitate to call us.
Is jail mandatory with a DUI arrest?2020-11-12T20:19:23+00:00
Some Colorado statutes indicate that jail is mandatory in certain situations. For instance, if you are convicted of DUI or DWAI and have a prior conviction for an alcohol driving offense, you could be facing a sentence of a minimum 10 days up to 60 days, or having felony charges filed. Also, for first offenders where the breath or blood test is .20 or higher within 2 hours of driving, you will also face a mandatory sentence of 10 days. Every case has its own facts and circumstances and there are numerous ways to try and avoid or minimize jail! Also, jail alternatives are often available. There are many factors to consider and you should discuss all the possibilities and probabilities with an experienced lawyer.
I was arrested for a DUI but the police officer never read me my rights. Does the case have to be dismissed?2019-04-08T16:28:25+00:00
Unfortunately the answer is usually no. Police are only required to read you those Miranda warnings if you are placed in custody and then interrogated. Sometimes this does occur during the course of a DUI investigation, but usually it does not. Each case is different and must be evaluated individually. However, remember that even if the police don’t tell you specifically, you do have the right to remain silent.
How do I request a DMV hearing?2019-04-06T02:16:47+00:00
If you refused the test or if you submitted to a breath test with a result at or above the limits stated above, you should have been served with a notice of revocation. This notice gives you 7 days to request a hearing. You can request a hearing at most DMV offices by simply walking in with the notice of revocation and your driver’s license. They will take your driver’s license if the cop has not already done so and issue you a temporary permit that is valid for up to 60 days or until you have your DMV hearing (which is usually at least a month after your request).
If you chose a blood test you will be notified by mail if your test was at or in excess of the limit. If you receive such a notice look carefully at the notice as it will indicate how long you have to request your hearing.
You will also have to determine if you want to have the officer show up at the DMV hearing. If the police officer is requested to show up and fails to do so your license will usually be returned and the DMV case will be dismissed. There are times and situations where it is more advantageous to not have the police officer show at the DMV. Perhaps crucial information is missing from his report and his showing up will only allow him to rectify the situation. We recommend that you contact our attorneys immediately after you have been charged and prior to requesting a DMV hearing even in the case of blood tests where results are not immediately available.
Do you charge a consultation fee?2021-03-27T16:36:17+00:00
No you don’t. However, if you refuse to take a chemical BAC test your license is likely to be revoked for 1 year on a first refusal, 2 years on a second refusal, and 3 years on a third refusal. If you take a BAC test or a breath test and the test result is above .08, your license could be revoked for 9 months if this is the first time your license is revoked for excessive alcohol content. There is a provision for early reinstatement with an interlock device after 1 month of no driving. If your license has been revoked for having a prior excessive alcohol content, your driving privileges will be revoked for 1 year. If your license has been revoked for having 2 prior excessive alcohol contents, your driving privileges will be revoked for 2 years. If you have more than one revocation for an excessive alcohol content, you may also be eligible for an early reinstatement of your driver’s license if you install an ignition interlock in your car. No matter whether you took a BAC test or refused you are entitled to request a hearing to determine if the state has a right to revoke your license. You are allowed to maintain your driving privilege until the date of that hearing.
Do I have to do roadside maneuvers like walking a line or touching my nose?2019-04-08T16:28:06+00:00
No you don’t. Those roadside maneuvers or field sobriety tests, as they are called by police, are voluntary. You have the absolute right to decline to participate. The officer is entitled to ask and it is not uncommon for it to sound like an order, not a request, but you may absolutely refuseto take those tests.
One additional test that is often offered is the Portable Breath Test (PBT).
The PBT is also voluntary, and its results cannot be used in court against you.
Can I get a license to go back and forth to work or school?2019-04-06T02:17:30+00:00
If you driver’s license is revoked for excess alcohol, you may apply for early reinstatement after 1 month of no driving. However, you will have to install an interlock device in your car for 8 months. You can apply to remove the interlock early if you have 4 straight months without any problems, and your BAC was below .15. If your license is revoked for some other reason, the law often does not allow for restricted licenses to drive to work or school. A person under revocation for more than one year because of alcohol offenses may be eligible to apply for the Early Reinstatement Program. However, eligibility is very dependent on individual circumstances. Early Reinstatement requires placing an ignition interlock device in your car that requires you to breath into it before the car will operate to make sure you have not ingested any alcohol. You have to pay installation and monitoring costs.
Persons who are suspended because they have too many points over a particular time frame, but who are not currently under revocation by DMV may be eligible for a probationary (restricted) license that allows driving for specified work, school, medical, or other purposes.
Arrested for DUI in Colorado Springs? We Can Help!
At Liberty Law Center, our DUI attorneys have more than 40 years of experience assisting Coloradans after a DUI arrest. We do not let one mistake define your life, and we work hard to help mitigate the consequences you face. We can help protect your license, your driving record, and your future after a DUI arrest. We know that you are more than a DUI driver, and we make sure that the court and the prosecution understands that as well.
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:
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