DUI Attorney in Colorado Springs

Drunk Driving Cases are Complex

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, 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 DUI cases 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. We will carefully examine 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.

fifth amendment rights

Understanding DUI Laws in Colorado Springs

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, 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-time DUI lawyer 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.
An experienced drunk driving lawyer will help you navigate the intricacies of Colorado DUI laws. You need aggressive legal representation to confront the legality of the stop, the chemical tests, and ultimately the criminal charges.

Our experienced Colorado Springs DUI Lawyers 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 in Colorado Springs will focus on minimizing or even dismissing the charges altogether.

The DUI Legal Process in Colorado Springs

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 arrest enables you to explore your options for fighting DUI or DWAI charges effectively.

1. Arrest and Booking

The process begins with your arrest. In Colorado Springs and El Paso County, unless the DUI is a felony, you are unlikely to be taken into custody and required to post bond once you have received a ticket. However, in some Colorado counties, law enforcement officers will take you into custody, and you’ll be arrested and be required to post a bond before you are released. This can include recording personal information, fingerprints, mugshots, and details of the alleged offense.

2. First Appearance

After your arrest, you’ll attend a first appearance hearing. During this hearing, you’ll be informed of the charges against you and typically speak to a DA. Each county does this process a little differently. If you are set for an arraignment, you will be asked to enter a plea, typically ‘guilty,’ ‘not guilty’.

3. Pre-trial Motions and Negotiations

Your defense attorney may file pre-trial motions to suppress evidence based on Constitutional violations of law enforcement. Negotiations with the prosecution will also occur during this phase to explore potential plea bargains.

4. Trial

If a plea agreement is not reached, your case will proceed to trial. Here, evidence is presented, witnesses testify, and both sides make their arguments. A judge (Court Trial) or jury will determine your guilt or innocence.

5. Sentencing

If found guilty, the court will impose a sentence, penalties may include fines, license suspension, mandatory alcohol education programs, community service, or even jail time, depending on the severity of the offense and any previous convictions.

Colorado has some of the strictest intoxicated driving laws in the nation. If you find yourself charged with a DUI or DWAI in Colorado, team up with a renowned Colorado Springs Drunk Driving accident attorney. At the McDowell Law Firm, our experienced advocates are well-versed in the system. They can safeguard your reputation and freedom by either reducing or in some cases, obtaining a dismissal of the charges of drunk driving against you.

Will I got o jail for a first offense dui?

Qualities to Look for in a DUI Lawyer

When facing a charge, your choice of a DUI or DWAI lawyer can make or break the outcome of your drunk driving charge. Focus on these qualities to find an attorney who can trust to defend your rights in a court of law effectively.

 

1. Specialization And Expertise

Look for the best DUI lawyer. This specialized experience and expertise means they understand the complexities of DUI laws, are familiar with local court procedures, and can anticipate challenges specific to these cases. For example, If you need heart surgery, you wouldn’t have a foot doctor do the operation. You need someone with specialized knowledge, skills, and experience. Someone who has trained in the field for years has seen complications arise and knows how to deal with even the most complex DUI cases.

2. Experience and Track Record

An experienced lawyer of DUI defense brings years of courtroom experience and a long record of successful cases. Research their past cases, and assess their ability to handle various DUI scenarios, including negotiations and courtroom litigation. Josh McDowell has handled DUI and criminal matters in Colorado Springs since 2004. As a Deputy District Attorney and as a DUI Defense lawyer, he has handled thousands of DUI cases.

3. Strong Legal Knowledge

Your attorney should have a deep understanding of DUI laws, including recent updates and precedents. Our DUI advocates in Colorado possess comprehensive legal knowledge and can identify nuances in your case and craft a strategic defense.

4. Effective Communication Skills

Effective communication is vital in legal proceedings. Your lawyer should be an excellent communicator, both in and out of the courtroom. They should be able to explain complex legal jargon clearly and keep you informed about your case’s progress.

5. Negotiation Skills

A significant percentage of DUI cases are resolved through negotiation. Look for a lawyer known for strong negotiation skills. The Colorado DUI Lawyers at the McDowell Law Firm, one of the premier DUI law firms in Colorado Springs, have worked out favorable plea deals in numerous cases. A plea can reduce exposure at trial, and give clarity on what to expect at sentencing.

6. Client-Centered Approach

Choose a lawyer who prioritizes your needs and concerns. Our drunk driving law firm’s client-centered attorneys listen actively, understand your needs, and tailor their approach to meet your specific goals.

7. Reputation and References

Research the lawyer’s reputation amongst other lawyers and within the community. We have dozens of positive reviews, testimonials, and references from past clients guaranteeing our professionalism, ethics, and success rate.

Former Prosecutor Working For You

Josh McDowell, a seasoned legal professional and a former Deputy District Attorney, leads our DUI defense firm in Colorado Springs. He believes in providing attentive service and takes a hands-on approach by personally handling all cases. With his extensive knowledge of the court system and trial experience, he is committed to putting his expertise to work for you.
 
With a background as an El Paso County Prosecutor, Josh McDowell brings a unique perspective to the table. His deep understanding of the intricacies of the legal system allows him to craft strategic and effective DUI defense strategies for his clients. His training and experience enable us to protect your rights and fight for your best interests.
 
If you are facing the possibility of a DUI conviction in Colorado, or are seeking representation for any other criminal legal matter, you can trust the McDowell Law Firm to provide you with the highest level of legal assistance. Our reputation is built on a history of successful outcomes, including high-profile cases that have garnered recognition in local, national, and even international media. 

Defenses To DUI

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, we 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 DUI defense attorney in Colorado Springs uses this information to challenge their validity in court.

 

In certain cases, our experienced legal team scrutinizes 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.

Why You Need a DUI Lawyer

The reason people hire DUI attorneys to defend themselves from a “Driving under the influence” charge is exactly the same reason you see a doctor when you are sick. You need an experienced professional with specialized training, education, and experience to treat your concerns.  

 

DUI and DWAI consequences in Colorado can be harsh. From loss of driver’s license, hefty fines, and community service, to staying in jail for up to a year. DUI convictions in Colorado will stay with you forever, leaving a stain on your personal and professional life. 

 

For these reasons, you need an expert DUI lawyer Colorado Springs who possesses an in-depth understanding of these laws, including recent changes and nuances. They will interpret the “legalese”, assess the specifics of your case, and build a personalized defense for you.

 

The team of long-serving legal professionals at McDowell Law have sound training and experience in DUI cases. Led by a former Deputy District Attorney, our attorneys boast an in-depth understanding of both sides of the legal spectrum. We recognize that every case is unique, and unlike larger firms, we take the time to understand the intricacies of your case. Our veteran Colorado DUI attorneys ensure no detail is overlooked, and your rights are protected.  

How We Can Help Fight Your DUI?

Navigating a DUI case can be overwhelming, but with us by your side, you can rest assured that you are not alone. Our dedicated DUI defense attorneys in Colorado Springs are here to develop defense approaches that challenge the prosecution’s evidence.

1. Expert Legal Representation

Our proficient criminal defense lawyers specialize in handling DUI cases. With a strong grasp of Colorado DUI laws and a proven record of accomplishments, we craft a robust defense strategy suitable for your case. We scrutinize arrest procedures, assess evidence, and challenge every aspect of the prosecution’s case to protect your interests.

2. Personalized Approach

Every DUI case is unique. Our veteran lawyers carefully understand your situation, assess the details of your arrest, and identify potential weaknesses in the prosecution’s case. We aim to build a strong defense that aims to minimize penalties or get your charges reduced or dismissed.

3. Negotiation And Litigation

Our attorneys are professional negotiators who can engage confidently with the prosecutors to explore plea bargains or reduced charges. If necessary, we are prepared to litigate aggressively in court. We advocate for your rights, presenting compelling arguments and leveraging our courtroom expertise to secure the best possible outcome.

4. Emotional Support

Whether you are an underage or an adult, dealing with a DUI charge is emotionally draining. We offer emotional support apart from strong legal expertise. Our team provides reassurance, keeps you informed, and guides you through the process, ensuring you feel supported at every step.


Don’t let a DUI charge dictate your future! Trust us to provide relentless legal representation, personalized attention, and unwavering support throughout your DUI case. Talk to us today for a free initial consultation and explore your legal options and best DUI defense. 

Frequently Asked Questions

Should I Get A Lawyer For a Felony DWI Lawyer In Colorado?

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.

How Do I Get Out Of A DUI In Colorado?

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 Colorado Springs for the best chance at a favorable outcome.

How Much Does A DUI Cost In Colorado?

The expenses for a DUI in Colorado vary widely based on fines, legal fees, court costs, increased insurance premiums, and mandatory alcohol education programs. You must consult with an experienced Drunk Driving lawyer in Colorado to understand the potential financial implications of your specific situation. The cost of a DUI lawyer in Colorado depends on the location and experience of the lawyer.

What Is The Statute Of Limitations On A DUI In Colorado?

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.

Can A DUI Be Dismissed In Colorado?

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 in 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.

Will A DUI Show Up On A Background Check After 10 Years in Colorado?

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.