Colorado Springs Medical Malpractice Attorney

We do not want to believe it can happen, but doctors and medical professionals do make mistakes. Unfortunately these mistakes can cause permanent damage or even death. You have the right to sue the person responsible for your condition and our Medical Malpractice Attorneys can help you with it. Mistakes can be made by physicians, anesthesiologists, nurses, technicians, residents, and even medical devices. If you believe you or a loved is the victim of medical malpractice, call the law offices of McDowell Law Firm, LLC for a free evaluation of your case by Medical Malpractice Attorneys (719) 227-0022.We have helped hundreds of people from Colorado Springs and Denver as well as Aurora Castle Rock, and Littleton, Colorado with medical malpractice. Call us now for a free consultation!

Medical malpractice can occur when a negligent act or omission by a medical professional results in damage or harm to a patient. Negligence could include a delayed diagnosis of a serious medical condition, a misdiagnosis of cancer, even a surgical error or an injury to a patient. Experienced Medical Malpractice Attorneys can set up a strong case for you and make vigorous representation of your case in court against the medical practitioner responsible for your mistreatment.

  • If you are a victim of medical malpractice, you may be entitled to financial compensation. Our Medical Malpractice Attorneys understand your plight and make efforts to ensure that you get the right compensation for your loss.

  • Medical malpractice can happen anywhere: in a doctor's office, at the emergency room, during surgery, in the delivery room or even at a laboratory. Any type of physician, radiologist, anesthesiologist, or even a nurse can make a mistake. With the assistance of Medical Malpractice Attorneys you can bring the culprit to justice.

If you have been injured or you have lost a loved one and feel that a medical professional may be responsible, call the Colorado Springs medical malpractice attorneys at McDowell Law Firm, LLC today at (719) 635-1234 for your free initial consultation.

What Our Clients Are Saying

"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."

FAQs of DUI Lawyers

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.

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.

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.

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.

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.

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.

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.

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

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    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) 297-4583