A conviction for driving under the influence (DUI) in Colorado Springs can have significant consequences. In addition to losing your driving privileges, you could go to jail, owe hefty fines, and be required to attend counseling. A DUI conviction can make it hard to get to and from your current job and can affect your ability to find future employment. But remember that you are innocent until proven guilty, and you have options for fighting the charges against you.
The attorneys at Peakstone Law Group, LLC, have a proven track record of helping motorists like you win DUI cases in Colorado Springs. We have extensive experience with the courts and know which defenses to use against DUI charges. Our personable, down-to-earth attorneys can explain your legal options and how we can fight for the best possible outcome in your case.
Contact us now for a free consultation that is completely confidential and without further obligations.
Colorado DUI Laws
Two types of drunk driving offenses exist under Colorado law. The less serious offense is driving while ability impaired (DWAI), a misdemeanor. Police can arrest you on suspicion of DWAI if your blood alcohol concentration (BAC) is above 0.05 percent but below Colorado’s legal limit of 0.08 percent and your driving ability is impaired.
The more serious drunk driving offense in Colorado is driving under the influence (DUI). A first-time DUI charge is also a misdemeanor, but a conviction carries stiffer penalties than for DWAI.
Driving under the influence of alcohol, drugs, or both is against the law. A driver is considered “under the influence” in Colorado if their ability to safely operate a vehicle is impaired. A driver whose BAC is at 0.08 percent or more can be arrested for DUI per se, which means a driver is assumed to be intoxicated, and a conviction does not require proof that the driver’s ability was impaired.
Charges of DWAI and DUI are misdemeanor offenses unless the person charged has three prior convictions for DWAI, DUI, vehicular assault, or vehicular homicide. If a defendant has three previous convictions for any combination of these offenses, prosecutors can bring charges of felony DUI.
The penalties for a misdemeanor DWAI conviction include the following:
- First-time DWAI – Up to 180 days in jail, $200 to $500 in fines, 24-48 hours of community service, and eight DMV points
- Second-time DWAI – Up to one year in jail, $600 to $1,500 in fines, 48-120 hours of community service, eight DMV points, and a one-year license suspension
- Third-time DWAI – Up to one year in jail, $600 to $1,500 in fines, 48-120 hours of community service, eight DMV points, and a two-year license suspension
The penalties for a misdemeanor DUI or DUI per se conviction include:
- First-time DUI – Up to one year in jail, $600 to $1,000 in fines, 48-96 hours of community service, 12 DMV points, and a nine-month license suspension
- Second-time DUI – Up to one year in jail, $600 to $1,500 in fines, 48-120 hours of community service, 12 DMV points, a one-year license suspension, and an ignition interlock device for two years
- Third-time DUI – Up to one year in jail, $600 to $1,500 in fines, 48-120 hours of community service, 12 DMV points, a two-year license suspension, and an ignition interlock device for two years
A fourth-time DWAI or DUI conviction is a felony punishable by up to six years in state prison and $2,000 to $500,000 in fines, depending on the circumstances.
Factors That Can Help You Beat a DUI Case
One way to beat a DUI charge is to provide evidence that the DUI test for BAC was performed incorrectly or other factors resulted in a false-positive result.
Some common DUI defenses include the following:
- Failure to follow testing procedures – Procedural errors by the test administrator could result in a false-positive result. These errors could include improper calibration of the testing instrument, improper handling of a breath sample, inaccurate records, or operator error.
- Medical conditions that alter test results – Diabetes, acid reflux, specific diets, and a person’s metabolism can influence the results of a DUI test.
- Blood testing errors – Blood samples can go bad and cause false positive results, even when proper procedures are followed. The blood sample can become fermented or contaminated if the sample is not mixed correctly or stored at the correct temperature.
Another way to beat a Colorado DUI is to show that the police made an error at some stage of your case.
Some police errors that could impact a DUI case are:
- A lack of probable cause – The police must have a reasonable suspicion of DUI before conducting a traffic stop and probable cause before making an arrest for DUI or requiring a driver to undergo DUI testing. Otherwise, any evidence they gather after pulling you over or searching you could be thrown out.
- An inaccurate field sobriety test – Field sobriety tests like walking in a straight line are unreliable and inaccurate even under ideal conditions. A driver may fail a field sobriety test due to nervousness, poor lighting, uneven surface conditions, or unclear instructions.
- Unconstitutional sobriety checkpoints – The police must follow federal and state requirements when setting up DUI roadblocks, including warning drivers of upcoming checkpoints and remaining unbiased when deciding which vehicles to stop.
Why You Need Our Lawyers After You Are Charged with DUI
Being charged with DUI or DWAI can be stressful and frustrating, particularly because Colorado’s DUI laws are complicated. However, you don’t have to navigate the legal system alone. It is in your best interest to hire a lawyer from Peakstone Law Group, LLC, who can evaluate your case and determine the best defense to beat the charges.
Our knowledgeable attorneys can investigate the circumstances of your arrest, gather helpful evidence, and build a solid case to show why the charges against you should be dropped or reduced. We know your freedom and livelihood are at stake, so we will aggressively defend your rights and work tirelessly to seek the best possible outcome in your case.
Contact Our Colorado Springs DUI Defense Lawyers for Help
The team at Peakstone Law Group, LLC, understands that a DUI charge can put your life on hold. We have the knowledge, experience, and skills to defend your rights and fight to have the charges reduced or dropped.
Contact our Colorado Springs DUI defense lawyers today for a free consultation.