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Military DUI Colorado Springs

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The State of Colorado has strict laws against driving under the influence. DUIs have severe consequences, but for military members, the punishments can be long-reaching and life-altering. If you are facing a military DUI in Colorado, you need the help of an experienced military DUI attorney.

Colorado Springs Military DUI 

In Colorado, it is illegal to drive a vehicle if your blood alcohol concentration, or BAC, meets a certain level. BAC limits are as follows:

  • DUI: 0.08% BAC
  • DWAI (Driving While Ability Impaired): BAC of 0.05% to less than 0.08%

In cases where BAC levels are 0.15% or higher, additional penalties may be assessed, which can include mandatory jail time or having to install an ignition interlock device.

If the DUI was issued while you were driving on a military base, the consequences can be severe. Military members face more severe punishments for a DUI whether or not the incident took place on a military installation.

Top-Rated Colorado Criminal Defense Lawyer

Here Is What You Can Expect from a Military DUI In Colorado Springs

If you were charged with a military DUI in Colorado, it’s essential to understand the consequences that you face, whether you need a lawyer, and your options.

What Do I Need to Know About DUI As a Military Member or Veteran? 

A DUI can have severe and life-altering consequences for military personnel. If you were issued a DUI while driving on a military installation, the charge will fall under the Uniform Code of Military Justice (UCMJ) and will not be handled by civilian courts.

Even if the State of Colorado charged you, you might still face punishment by your commanding officer in addition to the state’s penalties. These punishments can include:

  • Article 15 non-judicial punishment
  • Alcohol treatment programs
  • A reduction in rank, which may affect your income
  • Extra duty
  • Court-martial
  • Suspended PCS or deployment
  • Letter of Reprimand

Depending on the circumstances, you may also be charged with other military crimes, such as disorderly conduct.

A DUI conviction can affect the future of your military career as well as your personal relationships and financial future.

The military consequences you face will depend on your commanding officers. Some officers will wait to see the court’s ruling before taking any action. Others demand immediate disciplinary action.

In addition to punishments from the UCMJ, you face civilian consequences, which include both criminal and administrative punishments.

If the DUI was issued on a military installation, it would likely be considered a federal offense. A DUI conviction in a federal court can have severe penalties, including:

  • Time in federal prison
  • Lengthy probation
  • Thousands of dollars in fines

Military bases are considered federal land, so implied consent laws will also apply. Implied consent laws require drivers who are suspected of a DUI to submit to a blood, urine, or breath test. If you refuse, you can face prison time and be charged with a federal misdemeanor.

The DMV will also get involved, and you will need to attend a hearing. The purpose of the hearing is to determine whether or not your license should be revoked or suspended. The DMV hearing can be just as important as the trial, so it’s important to have the help of an experienced attorney.

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

Call today for a free case evaluation.

Do I Need a Lawyer for a Military DUI In Colorado?

If you are facing a military DUI, it is in your best interest to hire an experienced military DUI attorney.

Not only do you face the civilian consequences of a DUI, but you also face the military’s consequences. A conviction can affect your career, your freedom, and your future. With so much on the line, you need the help of an experienced criminal defense legal team.

An attorney with experience handling military DUI cases will know how to build a strong defense and help you achieve the best possible outcome in your case.

Can I Go to Veterans Trauma Court for a Military DUI In Colorado? 

The Veterans Trauma Court can provide an alternative to incarceration for active-duty military members and veterans with substance abuse issues. Individuals must be proven to be high need and high risk.

Those who participate in the program must commit to treatment and counseling and attend their court appearances. Participants also have access to educational, employment, and housing resources.

Veterans Trauma Court may be an option for veterans or military members facing a DUI. While the program is an alternative to incarceration, it’s still important to work with an experienced and skilled attorney to navigate these waters.

If you or a loved one is facing a military DUI in Colorado, it is crucial to work with an attorney who understands your case and the true weight of the consequences you face.

Contact us today to schedule a consultation and talk with our military DUI attorney.

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.

Will I get kicked out of the military for DUI?

Whether or not you will get discharged from the military for a DUI conviction depends on the details of your particular situation. But yes, if the DUI was severe enough, and particularly if it occurred on a military base, it is possible to be discharged for a DUI.

Is a DUI a felony?

In Colorado, a DUI can be charged as either a misdemeanor or a felony. Generally, with no prior DUI convictions, a DUI will be charged as a misdemeanor. If a person has several previous DUIs on their record, however, they will likely be looking at felony charges.

How bad is a DUI in the military?

A military DUI conviction will carry even stronger penalties than a DUI for a civillian. This is one of the reasons why it is so important to reach out to a DUI lawyer as soon as possible if you are a military member who has been charged with DUI.

Experienced Military DUI Lawyer

Colorado Springs Military DUI Lawyer Near You

When you’re charged with a Military DUI in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, a Colorado Springs DUI lawyer 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.