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Colorado Springs DUI Defense

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When Should I Call a Colorado Springs DUI Defense Attorney?

If you are facing a DUI charge in Colorado Springs, a credible DUI defense is your best chance at getting the charges reduced or dismissed.

DUI cases are complex, but a skilled Colorado Springs DUI Defense attorney can build a strong defense strategy for any defendant.

 

 

 

 

Top-Rated Colorado Criminal Defense Lawyer

What are Some of the Possible DUI Defense Strategies?

There are several defense strategies lawyers can use to get DUI charges reduced or dismissed, including:

Illegal Police Stop

A cop can’t pull a driver over without reasonable suspicion or cause, and that suspicion can’t just be a gut feeling or a hunch that someone has committed a crime. There has to be some grounds or evidence that criminal activity is taking place.

In the case of a DUI, police must physically see the driver committing a wrongdoing or be alerted to bad driving by another driver on the road. If you were obeying traffic laws, weren’t weaving in and out of traffic, and had no mechanical issues with your vehicle, it could be argued that the police had no grounds for reasonable suspicion. In this case, that could potentially make the police stop illegal.

If the stop was deemed illegal, any evidence collected during the stop would be inadmissible in court, including a breath or blood test.

Failure to Follow Protocol for Field Sobriety Tests

Police officers must follow certain rules and protocols when administering field sobriety tests. If these rules aren’t followed, the test results may not be admissible in court. For example, evidence may be suppressed if the officer’s conduct was aggressive, disrespectful, or intimidating.

While the results of field sobriety tests can be important, they are only one piece of the puzzle in the prosecution’s case. Circumstances surrounding the testing must be considered. For example, if you had an injury that interfered with your ability to perform the heel-to-toe test, the results lose their significance.

Medical Conditions That Interfere with Field Sobriety Tests

Certain medical conditions can make it appear as if the driver is intoxicated. Fatigue or other neurological conditions can cause slurred speech. Allergies and sinus infections can cause watery eyes.

Some medical conditions can even affect the results of a breathalyzer test. If a person is in a state of ketosis – either because of diabetes or diet choices – a breathalyzer test may register alcohol even when none was consumed.

Biochemicals associated with diabetes and acid reflux can also cause false-positive results on breathalyzer machines.

Improper Testing or Storage of Blood Samples

Following a DUI arrest, blood samples must be tested as soon as possible to determine whether the defendant’s blood alcohol content (BAC) was over the limit. If wait times are unreasonable or the blood was taken by an untrained technician, these issues can be used in your defense strategy.

Blood samples must also be handled and stored properly to ensure accuracy and to avoid fermentation or other issues. Fermentation is especially concerning, as this can make it appear as if the blood alcohol content was higher than it really was. If there is any indication that the sample was not properly handled or stored, this can call into question the integrity and accuracy of the sample.

Miranda Rights Violations

When suspects are placed under arrest, they must be informed of their rights, including the right to remain silent. The arresting officer must also inform the suspect that anything said can be used against him or her in court.

If the officer failed to list your Miranda rights, any questions that you answer after the arrest cannot be used.
It’s important to note that in Colorado, you do not have a right to an attorney until you have either submitted to or refused a breath, blood, or urine test.

If the police officer does not advise you of the state’s express consent law, or your legal obligation to submit to a chemical test, the test results may be inadmissible both in court and at the DMV hearing.

Questionable Breathalyzer Results

The goal with many DUI defense strategies is to invalidate the test results, including breathalyzer results.

Your attorney may look at how breath test machines are calibrated and maintained. If there is evidence that the machine isn’t properly calibrated or working as it should, your attorney can argue that the machine is incapable of producing accurate results.

Ultimately, it comes down to whether the evidence is reliable enough to support a conviction.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Finding an Experienced Colorado DUI Defense Attorney​

If you are facing DUI charges in Colorado, it is crucial to hire an experienced DUI attorney. Drunk driving cases are complex, and the consequences of a conviction are severe. You could lose your license, face expensive fines, or even spend time in jail.

An attorney who understands Colorado drunk driving laws and has a successful track record can help build a strong defense. A strong defense will give you the best chance of having the charges reduced or dismissed.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines2

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

How do you beat a first time DUI?

Beating a DUI, whether it is your first offense or a consecutive charge, is not an easy task. Colorado has very strict DUI laws and will prosecute offenders as such. In order to beat a first time DUI, a DUI defense attorney will work to prove that the police stop was illegal, that there was insufficient evidence of DUI, or otherwise prove that their client should not be convicted of this charge.

Should I just plead guilty DUI?

Pleading guilty to DUI before speaking with an experienced DUI defense attorney is NEVER a good idea. An attorney will help make sure you understand the true consequences of a guilty plea, as well as help you understand what it would look like to fight your DUI charges.

Can a lawyer get me out of a DUI?

Depending on the circumstances of your particular DUI arrest, an attorney will be able to give you the best possible chance at either reduced charges or a complete dismissal.

Experienced DUI Defense Attorney

Colorado Springs DUI Defense Attorney Near You

When you’re charged with a DUI in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. DUI attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, an attorney can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.