Experienced DUI Lawyers in Colorado Springs

Colorado DUI Attorney, DUI Lawyer Colorado, Drunk Driving Attorney

Arrested for drunk driving, DUI, DWAI, or DUID in Colorado Springs?

If you have been charged in Colorado Springs with a Driving Under the Influence (DUI) or other alcohol or drug-related driving offense the consequences of these charges can affect you for years and a conviction can stay with you for a lifetime. A DUI or DWAI is not something you should take lightly; your license, your freedom and your future are at risk.

Choosing the right DUI Attorney is one of the most important decisions facing you when you have been accused of a serious offense with serious penalties. A DUI, DWAI or DUID (Driving Under the Influence of Drugs) offense in Colorado Springs can carry penalties of extended jail sentences, probation, community service, alcohol classes and therapy, fines, and the loss of driving privileges.

Our Promise

We promise you to aggressively pursue the most beneficial resolution for you in all cases, including DUI, Traffic, and all criminal matters. Our partners are former Deputy District Attorneys with extensive trial and courtroom experience. We pride ourselves in providing our clients the highest level of legal representation at affordable rates. We offer payment plans in criminal and traffic matters.

What Our Clients Are Saying

"He was responsive, helpful, a great listener"

"I can't say enough good things about Mr. McDowell. He was responsive, helpful, a great listener, and most importantly, he took my calls. He made me feel confident and comfortable. I knew he was experienced when everyone at the courthouse said "hi" to him. I'm glad I called him." -- Linda

"Josh McDowell is one of the most honorable and genuine people I have ever encountered"

“Josh McDowell is one of the most honorable and genuine people I have ever encountered. I payed a flat fee for a DUI charge that I will admit may not be an easy payment for all, but I received a degree of professionalism, integrity, efficiency , and sincerity that I guarantee you will not find many other places. I highly recommend this firm and those involved with it because I have met them all and know their credentials.... trust me when I say, if you are willing to put your trust in them and believe in their efforts, you will come out on top.” -- F.J

As former El Paso County Prosecutors, our attorneys have experience in handling hundreds of DUIs, DWAIs, and DUIDs in the Colorado Springs Court system. We understand both sides of the case and how the District Attorney will try to convict you of DUI. As experienced Colorado Springs DUI lawyers, we know the Colorado DUI laws, and understand how to use them to your advantage.

Our clients often find themselves asking: "What do I do now?" or "What are my options?" You need an experienced and knowledgeable DUI attorney in your corner to walk you through the stages of your case and to aggressively pursue the best possible outcome for you. We understand how to negotiate effectively at all stages to obtain a result that will have the least impact on your life, your job, your license and your freedom. You need the localized knowledge of a DUI attorney who knows the ropes in Colorado Springs.

When you have been charged with an offense that can change your life, you need an experienced Colorado Drunk driving defense Attorney on your side. From the beginning of your case we will navigate you through DMV hearings, all pretrial phases, and jury trial if necessary. In many cases we are able to obtain a positive result for our clients through pretrial negotiations and motions, and a trial is not necessary. However, in some DUI cases a jury trial is in your best interest.

FREE INITIAL CONSULTATION

DMV Hearings

OurDUI Attorneys will represent you at the DMV hearing to help protect your Driver's License and your driving privileges.

Our Attorneys will advise you through all stages of your criminal case as well. Our attorneys will handle all pretrial negotiations including plea bargaining with the District Attorney about the legal and factual issues in your case to help you achieve a favorable result. We will obtain all police reports and results of chemical tests for review of any legal or factual problems with the State's case against you. After reviewing the discovery in each case, our Attorneys will file any relevant pretrial motions to address any legal issues in your case that may lead to suppression of evidence against you.

FAQs of DUI Lawyers

Q.
I was arrested for a DUI in Colorado Springs, what do I do now?
- A.
  First, you need to remember as much as possible about the facts surrounding your arrest. If possible, take notes about important facts, including time of stop, time of any chemical tests, weather conditions, what you said to the officers, names of any witnesses to the DUI and from your drinking that night. Be sure to request a DMV hearing within the allotted time. If you did a breathalyzer test, or refused chemical testing, you have 7 days from the date of your charge to request a hearing. In the case of blood tests it will take longer for the DMV to receive your results and you will be mailed a notice of revocation from the DMV with a deadline to request a hearing. It is essential you request a hearing before that time or you license will automatically be suspended. Most importantly, contact a Colorado Springs DUI attorney immediately. Time is of the essence in any DUI or DWAI case to preserve evidence and to preserve your rights.
Q.
What will a DUI Attorney do for me that I can’t do myself?
- A.
  A knowledgeable Colorado DUI Defense Attorney knows the laws, and knows the system. A DUI can have a serious impact on your life, your career, and your driving privileges. First, our DUI lawyers will review your case to determine if there are any possible legal and/or factual defenses to a DUI in your case. We can spot any weaknesses in the prosecution's case and can use that to obtain a more favorable plea during pretrial negotiations and motions to suppress evidence.
  
  Second, as former prosecutors in the Fourth Judicial District we not only know how to apply the law and the facts to your benefit in your case, we also are familiar with the Colorado Springs Court system and procedures and know all the "ins" and "outs" of the system.
  
  Third, an experienced drunk driving defense attorney can present mitigating factors to the District Attorney to help you obtain a favorable plea bargain. This could mean showing a lack of previous criminal history, doing public service, or even starting on alcohol or drug treatment before the Court requires it.
  
  Fourth, if you are representing yourself, you are at a distinct disadvantage to the D.A.'s who have extensive legal training, resources, and experience handling hundreds of DUI's every year. Our DUI Defense attorneys are aggressive and knowledgeable, and will work with you to prepare and present your best defense. In many cases a jury trial is in your best interest, and you need someone in your corner who is an experienced trial attorney to formulate a legal strategy, to select a jury, to suppress evidence obtained against you illegally, and to make appropriate legal arguments and objections on your behalf. Our DUI attorneys will always keep you informed and explain to you the possible consequences of decisions you make at every step of your DUI case.
Q.
What are the possible defenses to a DUI case?
- A.
  There are many defenses to a DUI under Colorado law. The defenses listed below are not an exhaustive list but are a few common defenses used in DUI cases. All defenses are uniquely applicable to the facts of every case. An experienced Colorado Springs DUI Defense Lawyer can spot these flaws in the State's case against you and use them to your advantage to suppress crucial evidence against you or even obtain a dismissal.
  1. Unlawful Stop: The Police did not have a reasonable and articulable reason to stop you. This means that an officer must have a "reasonable suspicion" under the totality of the circumstances that criminal activity was occurring to be able to validly make a traffic stop.
  2. Unlawful Arrest: The Police must have probable cause to arrest you without a warrant. If an arrest is deemed unlawful, evidence obtained as a result of that unlawful arrest may be suppressed.
  3. "Under the Influence": The State must show beyond a reasonable doubt that you were under the influence (DUI) or that you were impaired (DWAI) while driving your vehicle. In many cases police officers are not properly trained, or make mistakes in administering field sobriety and/or chemical tests that can result in discrediting or invalidating these results.
  4. Blood Alcohol results: The prosecution carries the burden in proving that you were under the influence or driving while intoxicated. One of the ways this is shown by the State is through a Blood Alcohol Content test also known as a "B.A.C.". There are numerous problems that can arise with the testing procedures and the machines themselves that can cast a doubt on the validity of the B.A.C. results.
  5. "Driving": Under Colorado Law, the Prosecution must prove beyond a reasonable doubt that you were "driving" while under the influence or while your ability was impaired. They must show that you had actual physical control of the vehicle. This is an essential element to prove one is guilty of a drunk driving offense.
  6. Identity: The State must prove that it was you behind the wheel.
  7. Miranda: When a person is interrogated while under arrest, the Police must give Miranda warnings to the arrestee. If a proper Miranda advisement is not given, statements made by the arrestee may be suppressed.
  8. Every case presents a unique set of facts and can present additional defenses that an experienced DUI Attorney can spot and exploit to your advantage. The list above is not an exhaustive list, but details common defenses to a DUI charge.
Q.
What is the Legal Limit for Blood Alcohol Content (B.A.C.)?
- A.
  If you are over the age of 21, the presumptive legal limit is .05 for a DWAI (Driving While Ability Impaired) in Colorado. If your B.A.C is .08 and above you are presumptively DUI (Driving Under the Influence). If you are under the legal drinking age of 21, the legal limit is .02. For those with a Commercial Driver's License, the law is a little different. The legal limit while driving a commercial vehicle is .04, and could result in the loss of a license for a year on the first offense, or three years if carrying a hazardous material. If a CDL driver is driving his personal vehicle while under the influence, he may still receive a CDL disqualification for one year for a first offense, or a lifetime disqualification for a second offense.
Q.
DUI - What will happen to my Driver's license?
- A.
  When you are charged with a DUI, two processes begin that can revoke your license: the DMV process and the Court process. Both processes can affect your license and determine the length of your suspension. If you refused a chemical test, under the Colorado Express Consent law you will typically lose your license for a period of one year.
  
  The law changed on January 1, 2009 regarding license consequences for a DUI (excess BAC .08). If your date of offense was on or after January 1, 2009, your first revocation action at the DMV will be a nine month suspension, if the revocation action is upheld (i.e. you "lose" the hearing). However, you may apply for a restricted license with the interlock device installed on your vehicle after 30 days of no driving. If your BAC was above .17 you will be required to keep an interlock on your vehicle for a two year period. For a second offense the revocation through the DMV is a one year revocation. A third offense will result in a two year suspension, but you may apply for a restricted license after one year.
  
  Minors face different suspensions. For example, If a minor (under 21) is convicted of Underage Drinking and Driving (a BAC .02 to .05) he will face a 3 month revocation. However, if he is convicted of a DWAI/DUI a one year revocation will be imposed. If the minor has a BAC between .05 and .08 the DMV will revoke the license for 3 months. The minor is not eligible for a restricted privileges after 30 days like adults. A second revocation for this is 6 months, and a third or greater is one year.
  
  A Commerical Driver also faces additional consequences on their licenses. A first action through the DMV for excess BAC of .08 will result in a one year CDL revocation. A second offense will result in a lifetime CDL revocation.
  
  If you were charged before January 1, 2009:
  
  If you did a chemical test and you were above the legal limit you will receive a 90 day suspension for your first offense. In some cases you may elect to lose all driving privileges for 30 days followed by 150 days of restricted driving privileges (typically to and from work and school etc.) instead of the 90 days revocation. You can also lose your license through receiving excessive points based on your plea in your criminal case. If you are over 21, you have 12 points in a year period or 18 points in a two year period. A DUI is a 12 point violation and a DWAI is an 8 point violation. If you plea guilty to a DUI the 12 points will revoke your license for a 1 year period, even if you won your DMV hearing.
  
  People who have prior convictions for a DUI or DWAI face additional consequences including very lengthy revocations. Please contact us for an individual analysis of your case based on the facts of your case and your driving history.
Q.
Am I going to jail?
- A.
  Jail is not mandatory in many circumstances, but is a possibility on any DUI, DWAI or DUID case. There are various ways an experienced Colorado Springs DUI Lawyer can help you avoid or decrease the amount of jail you receive in your case. Under Colorado law, jail is mandatory for multiple offenses or when a person's B.A.C is over .20. There are also jail alternatives that are possible in many circumstances.
Q.
What is this DUI going to cost me?
- A.
  There are many costs associated with a DUI. First, there are mandatory court costs that include a Brain Research Injury Fund charge, and a Persistent Drunk Driving Surcharge that varies on the number of prior convictions for drunk driving offenses. Also you will be required to pay a fee to complete required community service, and to pay for any alcohol/drug therapy and classes required by the Court. Our fees range in price based on the individual facts of the case and whether there are prior DUI convictions. Our fees are very reasonable and we do accept payment plans and all major credit cards.

Q.

What are the possible penalties for a DUI or a DWAI?

A.

Offense	Aggravators	Jail	Mandatory	Fines	UPS	License Effect
DUI	None	5 d. to 1 yr.	None	$300 to $1000 plus costs	48-96 hrs	12 points-suspension
DUI	BAC > .2	90 d. to 1 yr.	10 d.	$500 to $1500 plus costs	60-120 hrs	12 points-suspension
DUI	Prior DWAI	70 d. to 1 yr.	7 d.	$450 to $1000 plus costs	56-112 hrs	Poss. 1 yr. revocation
DUI	Prior DUI	90 d. to 1 yr.	10 d.	$500 to $1500 plus costs	60-120 hrs	Poss. 1 yr. revocation
DWAI	None	2 to 180 d.	None	$100 to $500 plus costs	24-48 hrs	8 points
DWAI	BAC > .2	90 d. to 1 yr.	10 d.	$500 to $1500 plus costs	60-120 hrs	8 points
DWAI	Prior DWAI	45 d. to 1 yr.	5 d.	$300 to $1000 plus costs	48-96 hrs	Poss. 1 yr. revocation
DWAI	Prior DUI	60 d. to 1 yr.	6 d.	$400 to $1200 plus costs	52-104 hrs	Poss. 1 yr. revocation

CONTACT US TODAY

Call us today and speak to a DUI lawyer about your case. There is no-obligation on the initial consultation on all Colorado DUI, DWAI and DUID cases. Time is of the essence to save your Driver's License and protect your rights when you have been charged with a DUI in Colorado Springs.

Call us now, our attorneys are available 24 hours a day, seven days a week.(719) 227-0022.

Criminal/DUI