Colorado Springs Military DUI Attorneys

Defending Service Members Against Allegations of Driving Under the Influence

If you’re a service member and you’ve been arrested for driving under the influence, you need an experienced military DUI attorney right now. At Peakstone Law Group, LLC, we understand the complexities of criminal offenses when you’re on active duty, and we’re here to help you defend yourself in the civilian courts. Call our office at 719-689-8861 to get help. We service clients in Colorado Springs, greater El Paso County, and the surrounding areas.

How Is a DUI Defined for Service Members?

Most people are familiar with the legal blood alcohol concentration limit of 0.08 percent and believe that as long as they are under that limit, they’re safe from DUI charges. However, this isn’t always the case. First, DUI charges in Colorado can apply to either drunk driving cases or situations where the driver was under the influence of drugs, including legitimate prescription or over-the-counter medications.

Colorado law also defines driving under the influence as driving a vehicle after the person has “consumed alcohol or 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.” This language means that even if you are under the legal limit, an officer can arrest you for driving under the influence if they believe that you are impaired.

The Uniform Code of Military Justice also has its own DUI violation, which is listed under Article III: Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel. This requires that the defendant be in physical control of the vehicle, be operating it in a “reckless or wanton manner,” and be impaired by a substance. This includes drugs as well as alcohol. If the violation involves alcohol, the defendant only needs to have been “drunk” or have a BAC that exceeds the legal limit. However, off-base charges are handled under Colorado law, which means you’ll face the same penalties as civilians.

How Do Civilian DUI Charges Affect Service Members?

In Colorado, a first DUI offense can carry penalties such as jail time, fines, community service, probation, and a mandatory license suspension through the DMV. Repeat offenses or cases involving high blood alcohol content can lead to harsher sentencing, including longer jail terms and ignition interlock requirements. These are the same penalties any civilian would face, and they apply directly to service members who are arrested off base.

What makes the situation more serious is that the consequences do not stop once you leave the courtroom. A conviction in civilian court becomes part of your criminal record, which can affect your ability to hold a driver’s license, maintain employment outside the military, or obtain professional licenses. On top of that, because you are active duty, the civilian conviction can trigger administrative consequences in the military, including:

  • Being forced to participate in corrective training
  • Being required to go through a substance abuse treatment program
  • Having security clearance revoked
  • Having a reduction in pay
  • Being disqualified from certain promotions

Every DUI allegation should be treated seriously, even when you’re facing civilian charges for an off-base incident. You need the knowledge and experience of a military DUI attorney to help you defend yourself against the charges and minimize any consequences.

What Happens After You’ve Been Arrested on DUI Charges?

Once you’ve been arrested for driving under the influence, the legal process begins. If you’re arrested off base, you’ll face the initial civilian criminal process. This means being booked and going through arraignment, bond hearings, and potentially a trial.

When you are arrested, you will generally be forced to take a chemical or blood test to determine your blood alcohol content. While you may be tempted to refuse this test as a way to avoid a high result, this isn’t a good idea. Colorado’s express consent law means that you can have your driver’s license automatically suspended if you refuse a breath test.

What Are Your Defense Options for DUI Offenses?

Getting arrested for DUI isn’t the same thing as being convicted, and an attorney can present multiple potential defense options depending on the details of your case.

  • Challenging the arrest. In most cases, officers need reasonable suspicion to stop you or probable cause to arrest you for DUI. If there were no legal grounds for the stop or arrest, an attorney can argue that any evidence collected after that shouldn’t be allowed. Without key evidence, such as a high BAC result on a chemical test, it’s much more difficult and often impossible for prosecutors to make their case
  • Questioning the validity of the test results. Many DUI cases are built around a BAC result above the 0.08 percent legal limit in Colorado, but these tests aren’t always accurate. Breathalyzer machines require frequent calibration and maintenance, and officers need to be properly trained in administration procedures. It’s also possible for specific medical conditions to give false positives
  • Arguing that the defendant wasn’t actually impaired. It’s still possible to be arrested for DUI even if your BAC is under 0.08 percent. However, these cases generally involve subjective observations where the officer determines that you are “substantially incapable” of driving. An attorney can help you argue that you weren’t impaired, which may help you avoid a conviction and the associated penalties

The truth is that military personnel have more on the line than civilians when arrested for driving under the influence. Working with an experienced attorney can help you avoid a DUI conviction and protect your career.

What Should You Do After You’ve Been Charged?

Being charged with driving under the influence is serious under any circumstances, but even more so when you’re a service member who can face additional military consequences. Below are the most critical steps to take after a DUI arrest:

  • Contact a DUI lawyer. As a service member, you have unique circumstances, and you need an attorney who understands the criminal system and how to navigate it. Talking to an attorney as soon as possible can help you mitigate consequences and protect your rights
  • Request a DMV hearing. If you were arrested off base and are going through the civilian court system, you need to request a hearing with the DMV within seven days. This is a crucial step if you’re trying to protect your driving privileges and keep your license
  • Follow your attorney’s instructions. What you do and say after a DUI arrest can impact your case and your military career. It’s imperative that you discuss any actions with your attorney and that you follow their advice. If you are granted bond, you must comply with all instructions, such as not having any alcohol and attending all court hearings. If there are conflicts with your military service, an attorney can help you handle this

Following these steps can increase your chances of a favorable outcome, both in the state courts and within your branch of service.

Why You Need a Military DUI Lawyer

Getting a DUI in the military can affect your career, disqualify you for promotions, and result in serious disciplinary action. And all of this is on top of the potential criminal penalties and consequences you could face in the civilian courts if you were arrested off base. You need an attorney who understands what’s at stake and can help you navigate these processes.

When you’re facing serious repercussions and a potentially negative impact on your military career after a DUI arrest, the attorneys at Peakstone Law Group can help. Call 719-689-8861 today to schedule a consultation to learn more about your charges, the possible consequences, and how we can help you fight back.