Any DUI charge is a serious legal matter and can have significant consequences for your future. When the police accuse you of impaired driving outside of your home state, though, your legal headaches become much more complicated. Not only do you have to worry about the potential penalties if the authorities convict you, but you also have to try to manage your case from hundreds or thousands of miles away. That is a nightmare situation no one wants to find themself in.
If you face an out-of-state DUI charge in Colorado Springs, your best bet is to call Peakstone Law Group, formerly known as Patterson Weaver. Our Colorado Springs DUI defense lawyers for non-residents have significant experience with DUI charges for out-of-state drivers. We are ready to serve as local counsel in the legal matters surrounding your DUI in Colorado.
We can manage your case without you having to spend time and money on repeated visits. We can represent you at court dates and DMV hearings, prepare a robust defense for you, and, if we think it’s the right move, negotiate with prosecutors for a plea deal to minimize the legal consequences. Above all, we strive to make this stressful, challenging time as simple and easy on you as possible.
Call us today or complete our contact form for a free consultation and information about the legal assistance we can provide non-residents who face a DUI in Colorado. It’s completely confidential and comes without further obligations on your part.
Charged with DUI or DUID While Visiting Colorado?
The first thing to remember if you face a DUI or DUID charge as an out-of-state driver in Colorado is to avoid panicking. We know you’re in a stressful situation, but you have rights. Working with an experienced defense attorney from our firm can help you avoid the worst potential outcomes in your case. If the police arrest you on impaired driving charges, stay calm and contact our attorneys immediately.
The other thing to remember if Colorado police accuse you of impaired driving is that you can’t avoid the potential consequences of an arrest because you live in another state. While DUI laws vary from state to state, and it might not seem fair to be arrested if you don’t know Colorado’s laws, the police and prosecutors don’t care. You must follow Colorado laws when you visit, even if there are different laws in your home state.
Furthermore, Colorado belongs to the Non-Resident Violator Compact (NRVC), which is a group of states that have mutually agreed to enforce each other’s impaired driving laws. If your home state is an NRVC member, you could face legal penalties in Colorado and your home state. That is just one more reason to work with an experienced DUI attorney from our law firm to help you avoid the severe penalties associated with DUI convictions.
Colorado DUI Laws for Out-of-State Residents
There are two main types of DUI offenses under Colorado law, and they apply to Colorado residents and visitors alike. The first is driving under the influence (DUI), sometimes called driving under the influence of drugs (DUID), in cases where police suspect a driver was under the influence of drugs but not alcohol.
Colorado Revised Statutes define DUI as driving under the influence of alcohol or drugs to the extent that you are “substantially incapable” of doing so safely. One way the police determine whether you are incapable of driving safely due to using drugs or drinking alcohol is by measuring your blood alcohol content (BAC). Any driver found with a BAC of 0.08 percent or higher is automatically presumed to be unable to safely handle a vehicle, an offense known as DUI per se.
The other type of DUI offense in Colorado that out-of-state visitors have to worry about is driving while ability impaired (DWAI). Colorado law defines DWAI as driving while being under the influence of alcohol or drugs to “the slightest degree.” In other words, if you have consumed drugs or alcohol and it impairs your driving ability in any way, the police can accuse you of DWAI. Furthermore, drivers with a BAC between 0.05 percent and 0.08 percent can face charges of DWAI per se.
How Do You Take Care of a DUI in Another State?
The best way to take care of a DUI charge in another state is to hire a local attorney who can manage the case for you. Our DUI defense lawyers in Colorado Springs know the local laws that apply to your case, and we can represent you in most court proceedings, gather evidence to support your defense, build a strong legal strategy, and deal with the police and prosecutors for you.
Furthermore, most attorneys are not licensed to practice law outside their resident state, so even if you have your own lawyer at home, they likely cannot represent you in an out-of-state DUI case. Only a lawyer licensed to practice law in Colorado can represent you in Colorado DUI, DUID, or DWAI cases.
What Are the Penalties for an Out-of-State DUI Charge?
DUI and DWAI charges are misdemeanors in most instances in Colorado Springs, though you may face felony charges for repeated offenses or if you injure or kill someone while driving under the influence.
A DUI or DWAI conviction carries serious consequences that can affect your driving privileges. The penalties for a first-time DWAI include up to 180 days of jail time, a fine of up to $500, community service, and eight points on your driver’s license. The penalties for a first-time DUI conviction are more severe and include up to one year in jail, a fine of up to $1,000, community service, and 12 points on your driver’s license. Furthermore, any driver convicted of a first-time DUI in Colorado will also face a driver’s license suspension for nine months. A subsequent DUI can result in even more severe penalties.
Potential Defenses for Out-of-State Residents Facing Colorado Drunk Driving Charges
The best defense strategy in an out-of-state DUI case depends on the specific circumstances of your arrest and other factors. That said, here are some common defense strategies in DUI cases:
- Wrongful stop and DUI arrest – An experienced attorney from our law office might argue that the police officer didn’t have a valid reason, like swerving or speeding, to pull you over. Colorado police must have a good reason to stop someone on the road before making a DUI arrest.
- Mistake in tests – This strategy involves questioning the accuracy of the breathalyzer or blood tests used to measure the amount of drugs or alcohol in your system.
- Not over the limit – Your attorney might argue that you actually were not above Colorado’s legal alcohol limit at the time you were driving. Sometimes, alcohol levels can rise between the time of driving and testing, so the lawyer can argue the timing made the results unreliable.
- Not the driver – If it’s unclear who was driving at the time of the incident, that can be a strong defense.
- Not read your rights – If the police didn’t inform you of your rights during the arrest, including the right to remain silent and the right to an attorney, your lawyer could use this oversight in your defense.
Why You Should Work with Our Local Colorado Springs DUI Defense Lawyers
Our team includes a former prosecutor who thoroughly understands the law in these cases. We have extensive experience with out-of-state DUI offenders and know how to guide you through the legal process to seek the best possible outcome. We’re licensed to practice law in Colorado, so we can represent you in criminal court and deal with the local authorities for you. That’s something an attorney in your home state can’t do.
The Peakstone Law Group has the experience, dedication, and resources to help you avoid the worst consequences of out-of-state DUIs. Call us today or reach out online for a free consultation with a Colorado DUI attorney at our law firm.