Colorado Springs

 
DUI Attorney

Under Colorado’s Express Consent law, driver’s have already agreed to a blood or breath test if demanded by law enforcement simply through the action of driving on the roads of Colorado. Therefore, if someone refuses to take one of those tests, it is called a refusal, and has increased DMV consequences, including a 60 day no-driver period before an individual is eligible to get a restricted license.

That is a good question and may have a complicated answer. If the officer suspected drugs, then it is entirely proper for them to insist upon a blood test as a breath test would not show drugs. However, if drugs were not suspected, you may have a defensible issue in your case that you should discuss with an experienced DUI attorney. During COVID local agencies stopped issuing breath tests due to transmission concerns. However, this has caused a substantial motions issue that needs to be investigated in your case.

Unfortunately, in Colorado you are not entitled to speak with an attorney before making that decision.

In Colorado, the per se limit for alcohol intoxication is .08. However, there is a rebuttable presumption of impairment above .05.

No. You cannot legally lie to an officer, but you also do not need to answer their questions regarding anything other than identifying information. You have a right to remain silent, don’t be afraid to politely assert that right.

In simplified terms, driving while ability impaired in Colorado means that you were operating a motor vehicle while your ability to safely operate that motor vehicle was impaired even to the slightest degree by alcohol, or drugs, or both alcohol and drugs.

A BAC over .08 withing two hours of driving is what’s called a per se violation. How long a suspension is will depend upon the actual DMV level and whether the individual has previous DMV actions for DUI related suspensions.

Yes. Oddly, whether a first offense or not, a person driving with a BAC over .15 is considered a Persistent Drunk Driver (PDD). This can have increased DMV repercussions.

Eventually perhaps. However, there are not per se DMV limits for marijuana or other drugs like there is for alcohol. Therefore, while you could end up being suspended for points and/or a DUI or DWAI conviction, you will not be suspended simply for a blood test showing the presence of drugs in your system while driving.

Most people think they did fine on the roadsides. Unfortunately, the police rarely agree. Part of the problem is that the police do not tell you how they are scoring you before you take these tests, so how can you know if you are passing them or even what is expected of you? On the flip side of the problem is the fact that many people investigated for DUI are in fact intoxicated and may not be accurately judging their own performance. Regardless, roadsides are very difficult for anyone to pass, even if stone-cold sober. Once police officers form a conclusion in their minds, it becomes subconsciously hard to change.

We think so. While it is very difficult to win a DMV hearing, it does happen. Additionally, requesting a DMV hearing gets you a temporary driving permit and allows you more time to plan how you are going to get around when the suspension does take effect.

Colorado attorneys are split on this issue. Some dui attorneys recommend not requesting the presence of the officer under the theory that, if the DUI DMV packet is missing an important element, there is no one there to fill in that gap with verbal testimony. Others prefer to request the presence of the officer so that, if the officer does not show up for the hearing, the case gets dismissed. This can also be helpful for an attorney to have an opportunity to cross examine an officer before a criminal trial to attempt to identify weaknesses in the officer and his/her testimony. PWL generally subscribes to the latter theory, but there are exceptions depending on the facts of the case.

Choosing an attorney is not always easy. You should choose the attorney with good experience in your type of case that you feel comfortable with. In the law as with everything else, cheaper is not necessarily better. An attorney that is charging substantially less than his/her competitors may either be hurting for clients, and there may be a reason for that. Or on the flip side of the coin that attorney’s practice may carry such a heavy caseload of cases at discounted rates that they are nearly as busy as a public defender and can’t dedicate sufficient time to any particular attorney. Likewise, the most expensive attorney you find may not be the best choice for you. Some attorneys market to wealthier clientele by charging more money for the same services, because their preferred clientele may, frankly, prefer to pay more and not less on the attorney they hire. An extremely high fee does not necessarily mean a great improvement in the type of representation you will receive. You need to find the attorney that is right for you. For further thoughts on the ever stressful attorney search, see our article on the matter.

Yes and no. Anyone should be concerned about an attorney or firm with a plethora of negative reviews, or with very mixed client experiences. However, while it may not be ethical, some law firms pay reputation management companies to stuff their reviews (or do so themselves). If you do not know what to look for, it can be hard to tell if the reviews you are seeing are legitimate or invented. Real reviews rarely look like they were carefully drafted by a marketing company. You should certainly look at reviews when trying to determine which attorney/firm to speak with, but take them with a grain of salt and remember that not everyone is honest in how they pursue their online marketing.

You want to hire someone that handles DUI cases regularly as a main part of their practice. Hiring a general practitioner that handles many areas of law may result in having an attorney that is not well versed in DUI law and defense.

Hiring an attorney is somewhat like buying a car. While it may be easier on the pocketbook—you may not want to hire the Kia of attorneys. Attorneys that undercharge are often younger with younger practices, or else have a business model that depends upon handling high case volume. If you want an attorney with experience, ability, and the time to dedicate to your particular matter in order to help assure the best possible result, this may not be what is best for you. Likewise, there are some attorneys in Southern Colorado that charge far more for their services than the case-type and work involved can justify. Instead, choose an attorney based on your confidence that they will get you the best outcome possible in your matter, and your comfort level with that attorney walking you through what can be a very intimidating and even frightening process. Hiring an attorney whose job it is to keep you out of jail is not the place to pinch pennies.

Great question. For one, always be responsive to your attorney and make sure to keep him/her advised of any change in contact information you may have. Also heed your attorney’s advice and remember they have likely helped more people in your situation than you could shake a stick at. Always be prompt in accomplishing any task your lawyer advises you to do.

At Peakstone Law Group, LLC, we pride ourselves on being responsive and communicative with our clients. We will always contact you as soon as we have any new significant development in your case and there are some types of conferences that we have with every criminal division client on every case. For example, we have in person (or phone if you prefer and the type of case allows) discovery reviews with our clients in every case to discuss the evidence against you, the strengths and weaknesses of the prosecutor’s case, and our possible defenses and strategy. In every criminal case there will be periods when not much happens for a little while and you may not hear from us until we have a new development. This is normal and the nature of criminal law. We often equate a criminal case to the old military axiom “hurry up and wait.” However, even if there are no new developments, we are always happy to answer any questions (or address any anxiety) that our clients bring us. We are here to walk with you and guide you through the whole process. So if you have a question or concern, or just want reassurance—call us!

A third DUI in Colorado carries 60 days to 1 year in jail, with a mandatory minimum jail sentence or 60 days, $600 to $1500 in fines, 2-4 years of probation, and 48 to 120 hours of public service.

In Colorado, a DUI is usually a misdemeanor but can be a felony under certain circumstances. A DUI can be a felony when the violation occurred after three or more prior convictions for DUI, DUI per se, DWAI, vehicular homicide, vehicular assault, or any combination thereof. So if the DUI led to injury, death, or anything serious, it will become a Class IV felony.

It is possible, but not likely. The question is akin to “can I perform surgery without being a doctor?” Again, the answer may be yes, but do you think that would be a good idea? The courtroom is an unforgiving place for those who do not know the ins and outs of the criminal justice system. Evidence needs to be presented in a certain way. Questions need to be asked a certain way. A criminal defense lawyer knows how to do those things, but you may not.

Oftentimes, people think that (especially with a first DUI charge) the plea offer they receive from the prosecutor will be the same whether they are represented by a lawyer or not. In some jurisdictions, this may be the case, but the plea offer is only the start of the negotiating process. Having an attorney on the case increases the chances that you will identify potential defenses or problems with the prosecutor’s case, and use those circumstances to improve the offer. This could potentially lessen jail time, the amount of alcohol education and therapy you need to complete, or any other aspect of the plea offer that could be improved.

Do not make the mistake of taking legal advice from a friend or family member with a prior DUI. No two cases are the same. No two district attorneys are the same. No two judges are the same. And as such, you cannot expect that your case will turn out the way theirs did. You owe it to yourself, and your future, to do everything you can to get out of this case with the best possible result.

The charge of driving under the influence (DUI) means:

“… driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” C.R.S. 42-4-1301(1)(f) (2013).

In layman’s English, DUI means that someone is operating a vehicle when the consumption of some substance or substances has made him or her substantially incapable of safely operating that vehicle. While this substance is most often alcohol, any kind of impairing drugs (like marijuana), or even prescription medications, can make someone intoxicated and lead to a DUI charge.

Additionally, Colorado has a per se limit on the amount of alcohol that can be in one’s system while driving. If you have a blood alcohol content above 0.08 within 2 hours of driving, you are guilty of driving under the influence per se. See C.R.S. 42-4-1301(2)(a). Basically, above that limit, Colorado law assumes you are substantially impaired, and therefore deems you automatically guilty.

However, just because the police say your blood alcohol content was above 0.08 doesn’t mean your case can’t be defended. Like all scientific tests, blood alcohol tests and Breathalyzer tests have a margin of error that can be used to negotiate with the DA or even to win at trial. Additionally, human error in testing blood and mechanical error in breath tests can sometimes cause results to be thrown out. Contact a DUI attorney in Colorado Springs today for a free case evaluation to see what issues may be present in your case and how you should best proceed.

A “Driving While Ability Impaired by Alcohol” (DWAI) charge is what is called a “lesser included” charge of DUI. That means that although someone’s level of impairment may not reach the level of DUI, they may still be guilty of DWAI.

Specifically, DWAI means:

“. . . driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

Very simply, someone is guilty of DWAI when some substance (or substances) makes them less able than normal to safely operate a motor vehicle. For example, if your normal ability to operate a motor vehicle can be scored as a 10, and after a drink, you are now able to operate a motor vehicle at only a 9.9, technically you are guilty of DWAI.

However, unlike DUI, there is no per se limit for blood alcohol content over which you are automatically guilty. But there is a presumption in Colorado that you are impaired if your blood alcohol content is over 0.05 but less than 0.08. See C.R.S. 42-4-1301(6)(a)(II). Regardless, a BAC anywhere below 0.08 can be a helpful fact for negotiation, and in some instances may be possible to plead your case to a non-alcohol charge.

A DUI will stay on your driving record for 10 years, and you will also have 12 points assessed against you. The DUI will increase your insurance premiums during the period that the points are being assessed.

A DUI or DWAI cannot be removed from your criminal record and will remain there forever. The only exceptions to this rule are juvenile court cases and underage drinking and driving cases.

Generally speaking, a first offense DUI in Colorado can carry 5 days to 1 year in jail (although the jail is avoidable if one does drug/alcohol treatment), 48-96 hours of useful public service, a fine of $600 to $1,000, up to 2 years of probation.

Generally speaking, a second offense DUI in Colorado can carry 10 days to 1 year in jail, with a mandatory minimum jail sentence of 10 days, 2-4 years of probation, a fine of $600 to $1500, and 48 to 120 hours of public service.

For a lot of people, the cost of an attorney is their primary concern. The cost will vary based upon your location, the number of attorneys practicing in that area of law, and the charges that you are facing. You can expect to pay several thousands of dollars for a first offense, and more for a felony DUI. There may well be an additional cost if your case goes to trial.

Technically speaking, a successfully completed deferred judgment and sentence does not count as a prior conviction for mandatory minimum jail purposes since it wasn’t a conviction. However, a deputy district attorney, and the judge, may take your prior charge into account in making an offer or in the case of a judge in sentencing.

It may or may not be possible depending on your particular situation, the jurisdiction your case is in, and the judge you are in front of.

In simplified terms, driving under the influence of alcohol/drugs in Colorado means that you were operating a motor vehicle while your ability to safely operate that motor vehicle was substantially impaired by alcohol, drugs, or both alcohol and drugs.

Every jurisdiction has its own idiosyncrasies. Generally, a DUI defendant will either have an appearance called an Arraignment or an Advisement first. In many counties this first appearance will happen in a First Appearance Center rather than an actual courtroom. In some jurisdictions, having an attorney may help you avoid appearing at this date (defer to your attorney’s advice on this). After the arraignment, the case enters the pre-trial process, and may be set for one or more pre-trial conference dates, normally in a court division if you have a lawyer. If a resolution is reached, the matter will normally be set for Sentencing. However, if you are unable to reach a disposition with the DDA and instead want a trial, the case will be set for a motions hearing (if there are motions filed), a pre-trial readiness date, and finally a trial date.

Yes. You are entitled to a jury of 6 if you so choose.

To be found guilty of any criminal offense in Colorado you must be found guilty of each element of an offense beyond a reasonable doubt.

At Peakstone Law Group, LLC, we recommend getting started on your useful public service and Level II Alcohol/Drug Education classes as soon as possible. This does two things. First, it allows your attorney to point out to the deputy district attorney that you are taking the matter seriously and doing everything you can to get on top of the case. This is helpful in negotiations. Second, it allows your attorney to argue for shorter probation terms at sentencing as anything you have done is stuff you no longer need the time to do. This can help lead to shorter deferred sentence or probation terms. We are always happy to provide information regarding court-certified treatment providers and how to sign up for useful public service to our clients.

No. Standard Field Sobriety Tests (sometimes called roadside maneuvers) are voluntary. You do not have to do them if you do not want to.