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DUI Attorney Colorado Springs

In Colorado Springs, it is illegal to drive under the influence of drugs or alcohol. It can sometimes be difficult to remember that just because marijuana is legal in Colorado, does not mean you can legally drive if you are under the influence of marijuana.

Colorado’s DUI laws are strict, and a conviction can have a significant impact on your future. Consequences like license suspension, possible jail time, and hefty fines can disrupt your life and derail your future. If you have been charged with a DUI or marijuana DUI, our Colorado Springs DUI defense attorneys at Black, Blink, & Associates LLC, will make sure that you are well-informed about your options, provide a strong defense and fight for your rights and future.

Overview Of Colorado Drunk Driving Charges

Understanding The Basics Of Colorado DUI Laws

Drivers in Colorado Springs should understand the state’s DUI laws before they get behind the wheel of a car. Here are a few basics that can help you begin to understand your rights and responsibilities:

  • Legal reason for a stop: Even if an officer suspects a driver is driving under the influence, they still need a valid reason to stop the driver. Common legal reasons include erratic driving patterns or observing someone leaving a bar and getting into their car.
  • Blood alcohol content (BAC): In Colorado, the threshold BAC of .08% or above means the driver is legally “under the influence.” This standard is common across many states.
  • Marijuana impairment: The threshold for marijuana impairment is five nanograms or more of THC per milliliter of blood. Given marijuana’s legal complexities, this measure is vital.
  • General impairment: Regardless of specific BAC or THC levels, if a driver is deemed unfit to drive safely due to any substance, they can still be charged with Driving While Ability Impaired (DWAI).
  • Underage drinking: Drivers under 21 with a blood alcohol content between .02% and .05% can be charged with underage drinking and driving (UDD).
  • Test refusals and consequences: Drivers are expected to comply with blood, breath, saliva, or urine tests when suspected of DUI or DWAI. Refusing can lead to court evidence and a driver’s license revocation.

It is illegal to drive under the influence of alcohol or drugs. Colorado enforces both criminal and administrative penalties for drunk driving. Courts handle criminal penalties, while the Colorado Department of Revenue deals with administrative consequences like license suspension and point assessments against the driver’s license. Criminal penalties can sometimes be reduced through plea bargains or treatment, but administrative penalties will remain.

What Do Drivers Need To Know About Driving Under The Influence Of Marijuana?

Driving under the influence of marijuana is illegal in Colorado. It’s important to understand that marijuana can impair your ability to drive safely. You can face serious charges if caught driving while high. This includes fines, jail time and a suspended license.

The legal limit for THC, the active ingredient in marijuana, is five nanograms per milliliter of blood. However, you can still be charged if you show signs of impairment, even if you’re below this limit. Law enforcement officers may use field sobriety tests or blood tests to determine if you’re impaired.

What Are The Penalties For DUI In Colorado?

Drunk driving penalties can vary and depend on a number of factors, such blood alcohol content and whether it is a repeat offense. Here are some general guidelines for DUI penalties.

Penalties For First-Time DUI Offenders In Colorado

If you find yourself facing your first DUI charge in Colorado, it’s essential to understand the penalties you might encounter. A first-time DUI in Colorado is categorized as a misdemeanor. Penalties for a first-time DUI conviction can include:

  • Jail time: Offenders could face a jail sentence ranging from five days up to one year.
  • Fines: The financial penalty can be as high as $1,000.
  • Probation: Probation for a first offense is set at a period of two years.
  • License revocation: Your driving license may be revoked for nine months.
  • Community service: Offenders might need to perform up to 96 hours of community service.
  • Education: Alcohol education classes are mandatory, typically Level 1 for 12 hours.

It’s worth noting that even if you believe you were driving without impairment, a blood alcohol content (BAC) of .08% or higher carries the same penalties as a standard DUI. Subsequent DUI convictions have increasingly severe consequences.

Penalties For DWAI Offenses In Colorado

First-time convictions for DWAI offenses also carry stiff penalties. These can include:

  • Jail time: A duration ranging from two days to 180 days.
  • Fines: Fines can reach up to $500.
  • License points: Eight points will be recorded against your license.
  • Community service: You might need to perform up to 48 hours of community service.

In other words, even if your BAC has not reached the legal limit, you can still face serious consequences for a conviction under a DWAI offense.

When Does Drunk Driving Become a Felony in Colorado?

It is important to note that a DUI can escalate to a felony offense under certain circumstances. For instance, a fourth or subsequent DUI conviction is a Class 4 felony, regardless of whether it resulted in injuries or fatalities.

Additionally, causing serious bodily injury or death while driving under the influence can lead to felony charges, such as vehicular assault or vehicular homicide.

Felony DUI convictions carry severe consequences, including extended imprisonment, substantial fines, prolonged probation and the permanent loss of certain civil rights, such as the right to possess firearms. It is imperative to address DUI allegations with a defense attorney immediately to potentially sidestep an unfavorable outcome.

Additional Penalties For Excessive BAC

In addition, if your BAC registered high enough, and you are convicted of a DUI, you could be facing even more penalties. Driving with a BAC of .15% or higher classifies you as a “persistent drunk driver,” bringing with it additional penalties, including:

  • Education and treatment: Mandatory Level II alcohol education classes, which include 24 hours of education and an additional 26 two-hour treatment sessions.
  • Vehicle modification: Installation of an ignition interlock device (IID) in your vehicle is mandatory.

Given the complexity and severity of DUI laws and their penalties in Colorado, it is crucial to consult with a seasoned Colorado Springs DUI defense attorney. An experienced criminal defense attorney can help you understand the nuances of the laws and make sure that your rights are protected.

Penalties For Repeat Offenses

One of the major consequences of a DUI conviction is that they make any future convictions come with more consequences. For example, a second DUI conviction can result in jail time from 10 days to one year, fines up to $1,500, and a license suspension for up to one year. Additionally, offenders must install an ignition interlock device on their vehicles for two years after reinstatement of their driving privileges. Getting convicted a third time can mean being in jail for up to a year, up to $1,500 in fines, and longer interlock requirements and mandatory alcohol education and treatment programs.

Can You Expunge a DUI Charge?

Colorado law does not allow those convicted of DUI to have the incident expunged or sealed from a criminal record. This prohibition highlights the state’s commitment to maintaining public safety and holding individuals accountable for impaired driving offenses.

Once convicted, the DUI charge will become a permanent part of your criminal history. This can impact your future by limiting employment prospects, preventing you from obtaining professional licenses and damaging your personal reputation, all on a long-term basis.

Considering the lasting implications of a DUI conviction, a wise course of action is working to stop a conviction from occurring – something an experienced DUI defense attorney can help you achieve. They can examine the specifics of your case, challenge questionable evidence and skillfully negotiate for reduced charges or penalties.

Do I Have To Take A Breathalyzer Or Field Sobriety Test?

In Colorado, when you are suspected of driving under the influence, you may be asked to take a breathalyzer or field sobriety test. According to Colorado law, by driving in the state, you consent to submit to any chemical tests, which include breath, blood, or urine tests if lawfully arrested for a DUI or DWAI. You do have the right to refuse these tests, but there are significant consequences. Refusing a test can mean having your license suspended, and a refusal can count against you in court. Field sobriety tests, however, are not mandatory, and you have the right to decline them without direct legal penalties politely.

You may think refusing a breathalyzer is a viable way to prevent the police from obtaining immediate evidence against you. However, it is critical to consider the broader legal implications. Beyond administrative penalties, refusal can impact your criminal case and lead to unintended consequences.

For instance, a judge or jury may interpret refusal as a sign of guilt, which could weaken your defense. Furthermore, refusal might not shield you from conviction, as prosecutors often rely on other evidence, such as officer testimony, dashcam footage or roadside sobriety test results.

The ramifications of refusal extend beyond the courtroom, potentially affecting personal and professional aspects of your life. Understanding these risks underscores the importance of making informed decisions when facing a DUI stop.

Implementing Effective DUI Defense Strategies For Charges In Colorado

Facing a DUI charge in Colorado can be daunting. However, there are several defense strategies that an experienced DUI defense attorney uses to challenge the validity of the charge or the evidence presented. Here are some commonly employed defense tactics:

  • Improper stop: An attorney can argue that the initial traffic stop was unjustified or lacked probable cause.
  • Faulty breathalyzer results: A lawyer can challenge the accuracy of the breathalyzer test due to machine malfunctions or improper calibration.
  • Inadequate field sobriety tests: An attorney can point out errors in the administration or interpretation of field sobriety tests.
  • Medical reasons: A criminal defense lawyer can introduce evidence that the defendant’s physical condition, medication or medical issues could have skewed the test results as a defense to a DUI.
  • Expert testimonies: A defense attorney can call upon toxicologists or other experts to challenge the validity of test results or the procedures followed.

At Black, Blink, & Associates LLC, our criminal defense lawyers will make sure that you understand the charges against you and the Colorado laws. It is important that you understand the criminal court proceedings and process. They will evaluate the facts of your case to see if any applicable defenses can be used in your case and help you understand all of your options for resolving your criminal case.

Restoring Your Driver’s License After A DUI In Colorado

Losing your driving privileges after a DUI arrest in Colorado can significantly impact your daily life, affecting your ability to work, fulfill family responsibilities and maintain independence. Understanding the license restoration process is essential for anyone facing these charges in Colorado Springs.

When arrested for DUI, you face two separate license actions: an administrative suspension through the Department of Motor Vehicles (DMV) and potential additional license penalties if convicted in criminal court. The administrative suspension happens quickly – within seven days of arrest – regardless of what happens with your criminal case.

For first-time offenders with a BAC of .08% or higher, license suspension typically lasts nine months. Refusing a chemical test results in a one-year suspension for a first offense. These suspensions increase dramatically for subsequent offenses – two years for a second offense and three years for a third.

After serving a portion of your suspension, you may become eligible for a restricted license with an ignition interlock device installed in your vehicle. This device requires you to provide a breath sample before starting your car. First-time offenders may be eligible for this restricted license after serving one month of their suspension but must maintain the interlock device for at least eight months.

The full reinstatement process requires:

● Completing your suspension period
● Paying reinstatement fees (typically $95)
● Providing proof of SR-22 insurance for at least three years
● Completing required alcohol education and treatment programs
● Passing the license reexamination if required

An experienced DUI attorney can help minimize license consequences in several ways. Your attorney may challenge the administrative suspension at a DMV hearing, which must be requested within seven days of your arrest. Success at this hearing can prevent the suspension entirely, allowing you to keep driving while your criminal case proceeds.

Your attorney can also negotiate for reduced charges that carry less severe license penalties or pursue plea agreements that include provisions for early license reinstatement. Additionally, a knowledgeable lawyer can help you navigate the complex DMV bureaucracy, making sure all paperwork is filed correctly and deadlines are met.

Schedule A Consultation With A Colorado Springs DUI Defense Lawyer

If you have been accused of a marijuana DUI charge, an experienced DUI attorney can help you understand your rights and options. Our lawyers can provide guidance and work to protect your interests.

To schedule a confidential initial consultation, call our office at 719-694-0578. You can also book an appointment online by using our contact form.