Drunk driving cases can have severe consequences, including steep fines, license suspension, alcohol classes, community service, and even jail time. Navigating through the legal process and understanding your rights can be overwhelming and confusing in cases of DUI in Colorado Springs, especially when you are facing such grave repercussions.
Drunk driving cases are complex and require a comprehensive understanding of Colorado’s DUI laws and the intricacies of the legal system. That’s where our DUI defense firm comes in. We have extensive experience in handling cases of DUI in Colorado and are well-versed in the nuances of DUI law. From the initial arrest to the court proceedings, we will be by your side every step of the way, providing you with expert guidance and a strong defense.
When building a defense for a DUI case, every detail matters. Our DUI Lawyer in Colorado Springs carefully examines the circumstances of your arrest, including the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breathalyzer or blood tests. Our team will explore every possible angle to identify any potential weaknesses in the prosecution’s case. By utilizing our in-depth knowledge and experience, we aim to secure the best possible outcome for your situation.
Facing a DUI Charge? Act NOW – Only 7 Days to Request a DMV Hearing
Navigating the legal issues of DUI (Driving Under the Influence) laws in Colorado Springs requires a nuanced understanding of DUI laws that govern alcohol-related offenses. Driving with a blood alcohol concentration (BAC) level of 0.05% or higher is a traffic misdemeanor in Colorado, carrying severe consequences.
You may also be charged with a DEAC (driving with excessive alcohol content), also known as “DUI per se”. This when your BAC was a .08 or greater within two hours of driving.
A DWAI, or driving while ability impaired, is when your BAC is above a .05, but lower than a .08. It means your ability to drive is impaired to at least the slightest degree.
Even if you are a first-time offender of DUI in Colorado Springs, penalties can include license suspension, fines, probation, ignition interlock, compulsory alcohol education classes, community service, and even jail time. In that case, you need to contact a first offense DUI lawyer in Colorado Springs to get rid of the charge.
Subsequent offenses escalate these penalties, often resulting in additional license suspensions, higher fines, extended probation, and lengthy jail sentences. Aggravating factors can include; possession of a weapon, excessive speeding, careless driving, reckless driving, resisting arrest, or any number of criminal charges.
Factors such as having minors in the vehicle (child abuse), high BAC levels, accidents, and prior convictions can aggravate the possible penalties even further.
Colorado law prohibits driving under the influence of alcohol or drugs. DUI applies when you’re substantially incapable of safe driving. DWAI applies when you’re impaired to the slightest degree.
DUI triggers two separate proceedings. The criminal case in court can result in jail, fines, and probation. The administrative DMV case determines your license status. You can win one and lose the other.
First DUI results in 9-month license revocation. Refusal results in 1-year revocation. You may be eligible for early reinstatement with ignition interlock without a waiting period for excess BAC, or 2 2-month waiting period for refusals.
You have only 7 days from arrest to request a Colorado Springs DMV hearing in breath or refusal cases. (blood cases you have longer, as they are waiting for results to return) Miss this deadline and your license is automatically suspended. Our Colorado Springs DMV hearing lawyer team handles this process immediately.
An experienced drunk driving defense lawyer will help you navigate the intricacies of Colorado DUI laws. You need aggressive legal representation from our DUI Lawyer in Colorado Springs to confront the legality of the stop, the chemical tests, and ultimately the criminal charges.
Our experienced DUI Lawyers in Colorado Springs at the McDowell Law Firm know the complexities of the law. Joshua McDowell has in-depth knowledge of the local Colorado Springs legal process and precedents and can build strong defense strategies tailored to the unique circumstances of your case. Considering every single detail, our experienced DUI lawyers Colorado Springs will focus on minimizing or even dismissing the charges altogether.
Our drunk driving law firm handles all types of DUI and DWAI charges in Colorado Springs and El Paso County:
Colorado has zero tolerance for underage drinking and driving. Our Colorado Springs underage DUI lawyers understand the unique challenges young drivers face.
We also defend CDL holders facing career-ending DUI charges. A first DUI or DWAI is a one loss of a CDL in Colorado. A second DUI/DWAI conviction is a lifetime ban. Commercial drivers face stricter BAC limits and career-threatening consequences. One DUI can end your livelihood. Our team fights to protect your CDL and your ability to earn a living.
DUID charges involve marijuana, prescription medications, or illegal drugs. These cases are complex and require DUI defense lawyers who understand drug recognition protocols and blood testing procedures.
Multiple DUI charges trigger enhanced penalties, longer license suspensions, and potential felony prosecution. We develop comprehensive defense strategies for clients with prior DUI history.
DUI charges from other states can affect your Colorado license and insurance. We handle interstate DUI issues and protect your driving privileges in Colorado. Sometimes, visitors to Colorado Springs will receive a ticket for alcohol-related charges, and they have to return home. In many situations, we’re able to handle your DUI for you without having to return to Colorado for any court dates.
This is on a case-by-case basis that can change based on the nature of your charges and your criminal history. Speak to our lawyers to understand what is likely in your case.
Driving While Ability Impaired (DWAI) involves BAC between .05 and .08. While less serious than DUI, DWAI still carries penalties and license points. We defend all impaired driving charges in Colorado Springs. DUI charges are when your BAC is a .08 or greater. A High BAC offender DUI is in excess of a .150 BAC.
Jail becomes mandatory, even on a first DUI offense, if your BAC was a .20 or greater.
The typical DUI arrest in Colorado Springs follows these steps:
Facing a DUI arrest and the subsequent legal procedures can be overwhelming, leaving you feeling frustrated and fearful. However, being aware of what to anticipate during the legal and administrative processes following a DUI Colorado Springs arrest enables you to explore your options for fighting DUI or DWAI charges effectively.
After arrest, you’re taken to jail for booking. Police confiscate your license and issue a temporary permit valid for 7 days. You’ll be photographed, fingerprinted, and held until sober or until bond is posted in most counties. In Colorado Springs, police won’t typically take you to jail unless it is a felony DUI, or you have other serious charges beyond the DUI.
You’ll be asked to submit to breath or blood testing. Refusal triggers automatic license revocation. Test results typically take weeks or months for blood tests, immediately for breath tests. These results become key evidence in your case.
Your first court appearance is the advisement in the FAC. You will meet with a DUI to discuss a potential plea bargain. It is generally a good idea to have an attorney present to protect your rights from day one.
Your attorney files motions to suppress evidence, challenge test results, and dismiss charges where possible. Simultaneously, we negotiate with prosecutors for reduced charges or alternative sentencing.
If we can’t negotiate a favorable resolution, we prepare for trial. We challenge the state’s evidence, cross-examine officers, present expert testimony, and fight for not guilty verdicts.
If convicted, sentencing includes jail time, fines, community service, alcohol education, and probation. We advocate for minimal sentences and alternative options. If necessary, we file appeals to challenge convictions.
In El Paso County you will make your initial appearance in the First Appearance Center (FAC).
This is a meeting with a DA to discuss potential pleas or next steps in your case. If you’d like to hire an attorney, you can set the case over to get more time to retain defense counsel.
The judge advises you of charges and possible penalties. You enter a plea: guilty, not guilty, or no contest. We advise entering not guilty to preserve all defense options.
Your attorney receives discovery (all evidence against you). We file motions to suppress illegally obtained evidence, challenge test results, and dismiss charges based on legal deficiencies.
We negotiate with prosecutors for reduced charges, dismissed charges, or alternative sentencing. Many DUI cases resolve through favorable plea agreements that avoid trial and minimize consequences.
If your case goes to trial, the prosecution must prove guilt beyond reasonable doubt. We cross-examine their witnesses, challenge their evidence, and present your defense. Trials typically last 1-3 days.
If convicted, the judge imposes sentence. We advocate for minimum penalties and alternatives to jail. We also discuss appeal options if legal errors occurred during trial. If your case is dismissed, or you are found not guilty, you can move to seal your case.
Understanding the DUI court process Colorado Springs helps you prepare for what’s ahead and make informed decisions about your case.
Prosecutors use multiple types of evidence in DUI cases:
Experienced Colorado DUI defense lawyers know how to challenge each piece of evidence and exclude unreliable or illegally obtained proof.
Our defenses to DUI Colorado include:
Our team provides experienced representation at every stage. We know Colorado DUI law, El Paso County procedures, and what judges and prosecutors expect.
We investigate every aspect of your case. We review police reports, dash camera footage, calibration records for testing equipment, and officer training files. We interview witnesses and hire experts when needed.
We fight for reduced charges, dismissed cases, and minimal penalties.
We challenge the reliability and admissibility of chemical tests and field sobriety tests. Medical conditions, improper procedures, and equipment malfunctions can invalidate test results.
We represent you at DMV hearings to protect your license. We fight to keep you driving or get you back on the road as quickly as possible with early reinstatement.
DUI charges are stressful and overwhelming. We guide you through the process, answer your questions, and provide realistic assessments of your case. You’re not alone in this fight.
A DUI conviction in Colorado Springs carries immediate and long-term consequences:
Colorado does not allow expungement or sealing of DUI convictions. DUI convictions remain on your criminal record permanently. If your charges are dismissed, you were found not guilty, or you successfully completed a deferred sentence, you are eligible for sealing.
You may petition to seal dismissed or acquitted DUI charges immediately after case conclusion. Deferred sentences may be eligible for sealing after completion of all requirements.
Sealed records don’t appear on most background checks (if the courts or government agencies are running your background, the charges may still appear). You can legally state you were not convicted.
Even sealed DUI records may be accessible to law enforcement and the Court
Our team handles record sealing petitions for eligible cases to give you a fresh start.
Our team has handled hundreds of DUI cases in El Paso County. We know what works and what doesn’t in Colorado Springs courts.
Our El Paso County DUI attorney has handled hundreds of DUI cases over 20+ years in criminal law. We stay current on Colorado DUI law changes, new testing technologies, and evolving defenses.
We have tried many DUI cases in El Paso County. Our courtroom experience, trial skills and reputation have been developed over many years as a Deputy DA and as a defense attorney in Colorado Springs.
We practice regularly in Colorado Springs Municipal Court, El Paso County Court, and El Paso County District Court. We know the judges, prosecutors, and court procedures.
Attorney Joshua McDowell served as a Deputy District Attorney. He knows how prosecutors build DUI cases and how to dismantle their evidence. This insider knowledge gives our clients a significant advantage.
We have successfully reduced felony DUI charges, had many DUI charges dismissed, and had not guilty verdicts at trial. Our track record speaks for itself.
We keep you informed throughout your case. We explain complex legal concepts in plain language. We return calls promptly and answer questions thoroughly.
No two DUI cases are identical. We develop custom defense strategies based on your specific circumstances, the evidence against you, and your goals.
We treat every client with respect and understanding. We know you’re going through a difficult time. We’re here to help, not judge.
We offer free consultations to discuss your case, explain your options, and answer your questions. You pay nothing to learn how we can help.
Attorney Joshua McDowell brings unique insight to DUI defense as a former Deputy District Attorney. He prosecuted DUI cases before dedicating his practice to defending those accused of drunk driving and criminal offenses.
This insider perspective gives clients significant advantages:
Joshua has handled hundreds of DUI cases in El Paso and Teller Counties. He knows Colorado Springs courts, judges, and prosecutors. His trial experience and negotiation skills consistently achieve favorable results for clients facing DUI charges.
When you hire McDowell Firm, you get an attorney who has seen DUI cases from both sides and knows exactly how to win.
Facing a DUI or DWAI in Colorado can be a life-changing experience for you. Fortunately, there are many approaches to defend against DUI allegations. At our DWAI Law Firm, we employ a strategic approach, leveraging relevant defenses to protect your rights and challenge the prosecution’s case.
One of the defenses we often employ is challenging the legality of the traffic stop or contact with law enforcement. The Fourth Amendment protects against unreasonable searches and seizures. For example, police need reasonable suspicion that a violation or offense has occurred to legally stop you.
We may challenge observations the Police say are indicative of intoxication. Things like bloodshot watery eyes, the odor of an unknown alcoholic beverage, nystagmus, unsteady balance, slurred speech, etc. are not always indicative of intoxication. We can explore alternative explanations for any of your physical symptoms that might have been misconstrued as signs of intoxication. Medical conditions, fatigue, or even allergies can sometimes manifest in ways that mimic the symptoms associated with alcohol impairment.
By presenting alternative explanations, our Colorado Springs DUI attorneys challenge the prosecution’s assertions and can raise reasonable doubts about your alleged intoxication based purely on physical observations of law enforcement. This often is the most important aspect of a “refusal DUI.” When a chemical test is refused by the accused DUI driver, police have to focus on other signs of impairment to prove a DUI beyond a reasonable doubt.
For example, standardized field sobriety tests (also called SFSTs), often used as evidence in DUI cases, are not foolproof! We meticulously analyze the variables in these tests, searching for prejudicial factors, including uneven terrain, adverse weather conditions, and others that might have influenced the results. Our knowledgeable Colorado Springs DWI lawyer in Colorado Springs uses this information to challenge their validity in court.
In certain cases, our experienced Colorado Springs DUI accident attorneys scrutinize the calibration and administration of breathalyzers or other chemical tests. Flaws in these devices or errors in their usage can lead to inaccurate BAC readings, which form the basis of DUI charges. Any errors in the administration or testing of bodily fluids can substantially weaken the prosecution’s case.
DUI lawyer costs vary based on case complexity. Here are some estimates of what attorneys charge in Colorado Springs for DUI cases:
Typical Fee Ranges: (fees will vary based on the nature and complexity of a case and attorney’s experience)
Payment Options: We offer flexible payment plans to make quality representation accessible. Many clients use credit cards, payment plans, or family assistance.
Compare attorney fees to the cost of conviction: increased insurance, fines and court costs ($2,000+), alcohol education ($600+), ignition interlock ($1,000+ annually), and lost wages. Quality representation often saves money long-term.
DUI insurance rates can skyrocket after a conviction, making experienced representation a wise investment.
Request a DMV hearing within 7 days to protect your license. Do not speak to police without an attorney. Document everything you remember about the arrest. Contact an experienced DUI attorney immediately. Do not post about your case on social media.
Beating a DUI requires challenging the state’s evidence. Common successful defenses include illegal traffic stops, improper field sobriety test administration, inaccurate breathalyzer results, rising BAC, and lack of probable cause. An experienced DUI defense attorney identifies weaknesses in the prosecution’s case and presents compelling defenses.
Yes. DUI charges can be dismissed for lack of probable cause, illegal stops, improper procedures, unreliable evidence, or insufficient proof. Prosecutors may also drop charges if evidence is weak or constitutional violations occurred. An experienced attorney can identify grounds for dismissal.
While not legally required, hiring a lawyer for first-time DUI is highly recommended. Lawyers can get charges reduced or dismissed, minimize penalties, protect your license, and avoid long-term consequences. Hiring the right lawyer can save you money and a lot of frustration.
Class 4 felony: 2-6 years prison, $2,000-$500,000 fines, 2-year license revocation, 2-year ignition interlock, felony record. Felony DUI cannot be sealed.
Apply for early reinstatement after revocation period (no waiting period for DUI, 2 months for refusal). Install ignition interlock device. Obtain SR-22 insurance. Enroll in alcohol education or file a Certificate (depends on BAC level). Pay reinstatement fees. Our Colorado Springs DMV hearing lawyer team can help you navigate the reinstatement process.
Refusing a breath or blood test triggers automatic license revocation for 1 year (first offense), as we are in Express Consent State. You’re eligible for early reinstatement after 2 months with ignition interlock. Refusal can be used as evidence of guilt in your criminal case. Police can obtain a warrant for forced blood draw.
DUI convictions remain on your criminal record permanently in Colorado. They cannot be expunged or sealed. For purposes of enhanced penalties, prior DUIs “count” forever.
DUI convictions cannot be sealed in Colorado. Only dismissed charges or not guilty verdicts can be sealed. Deferred sentences may be eligible for sealing after successful completion.
DUI (Driving Under the Influence) means you’re substantially incapable of safe driving, typically BAC .08 or higher. DWAI (Driving While Ability Impaired) means you’re impaired to the slightest degree, typically BAC .05 to .079. DWAI carries lighter penalties than DUI.
Absolutely. A DWI conviction in Colorado carries significant consequences, such as license suspension, jail time, alcohol therapy, and hefty fines. If facing DUI charges in Colorado Springs, seek an experienced DWI lawyer who will exhaust all legal defenses for your case, even for a first offense.
Every case is different, but the process is very similar in every case. Primarily, it depends on the evidence. In some cases we are able to obtain a dismissal, in others, we are able to obtain favorable plea bargains, including deferred sentences to DUIs or DWAIs. In other cases, we have to go to trial to obtain a not-guilty verdict. Colorado DUI Laws are stringent, with lifelong implications for convictions. Consult a seasoned DUI lawyer in Colorado Springs for the best chance at a favorable outcome.
DUI (Driving Under the Influence) means you’re substantially incapable of safe driving, typically BAC .08 or higher. DWAI (Driving While Ability Impaired) means you’re impaired to the slightest degree, typically BAC .05 to .079. DWAI carries lighter penalties than DUI.
Under C.R.S. 16-5-40, the statute of limitations is 18 months year for misdemeanor DUIs, 3 years for felony DUI charges, and 5 years for DUIs that involve a death or leaving the scene of an accident.
Yes. However, it isn’t easy to get an outright dismissal of DUI charges short of suppressing a stop, or obtaining a not-guilty verdict at trial. The most effective action you can take to get your DUI case dismissed is to reach out to a skilled DUI attorney Colorado Springs.
An experienced Colorado Springs DUI attorney, with a demonstrated history of successful cases, will assess the evidence in your case to look for critical errors by law enforcement or constitutional violations. No attorney can or should guarantee an outcome in your case.
A DUI conviction in Colorado can appear on a background check or on a DMV record forever. Some DUI charges can be sealed, such as a dismissal, a not guilty verdict at trial, or a completed deferred sentence to a DUI or DWAI.
You don’t have to face DUI charges alone. The McDowell Law Firm offers free consultations to discuss your case, explain your options, and develop a defense strategy.
During your free consultation, we’ll:
Don’t wait. The 7-day DMV hearing deadline approaches quickly.
Protect your rights, your license, and your future. Call now for your free consultation with experienced Colorado Springs DUI defense attorneys who fight for you.
