Colorado Springs DUI Lawyer

What is DWAI in Colorado?

Driving While Ability Impaired, otherwise known in Colorado as DWAI, is when a driver operates a vehicle with a blood alcohol content between .05% and .079%. Despite those clearly defined percentages, Colorado's drunk driving laws are more focused on impairment than blood alcohol content, meaning that you could be cited with a DWAI even if your BAL is below .05%. DWAIs also carry serious consequences in terms of lengthy jail time and considerable fines.

You can trust the attorneys at Aviso Law to handle the pretrial phases of DWAI proceedings and aggressively represent your interests in the courtroom. With our in-depth knowledge of Colorado's drunk driving laws and goal of obtaining the best possible results for our clients, we at Aviso Law seek to provide clients with top-quality representation.

Addressing a DWAI charge requires acute attention to detail and legal acumen given the nuances involved with proving impairment beyond BAC levels. Our focus is on questioning the validity of the arrest and testing procedures, while also shedding light on non-alcohol-related factors that could have led to perceived impairment. Collaborating closely with clients, we aim to bring all relevant details to the forefront, ensuring thorough defense preparation.

DUI-D Limits in Colorado

Since Colorado's legalization of marijuana, there has been an increase in citations for Driving Under the Impairment of Drugs (DUI-D). The established limit for marijuana in the bloodstream is 5 nanograms, but it's possible to be cited for less than this if a person is deemed too intoxicated to safely operate a vehicle. These rules are true for drivers under the influence of any drug, even prescription medication.

DUI-Ds are just as serious and just as complex as DUIs and require the same amount of legal acumen and up-to-date knowledge of Colorado drug laws. With proven success and considerable experience representing clients in these areas, the Aviso Law team is the obvious choice to help with DUI-D matters.

Navigating the complexities of DUI-D requires a sophisticated understanding of both the science of impairment and the evolving legal standards for drug-related offenses. Our approach involves challenging the methods and equipment used in detecting drug impairment, alongside a detailed analysis of individual case circumstances. These efforts are aimed at crafting a robust defense strategy tailored to maintain the client's driving privileges and freedom.

Is a DUI on a Military Base Different Than a Normal DUI in CO?

Being cited with a DUI on a military base is a different matter and can carry serious consequences because, in many instances, the federal government is prosecuting the case instead of the State of Colorado. At Aviso Law, our backgrounds as military and criminal defense lawyers, combined with our experience representing clients charged with DUI, make us perfectly suited to handle this type of case and provide clients with top-quality representation.

Dealing with a DUI on a military base introduces additional layers of legal complexity due to military-specific protocols and federal regulations. These cases often involve intricate intersections of military and civilian law, necessitating an attorney who is well-versed in both spheres. Our team at Aviso Law leverages military knowledge and courtroom prowess to uphold the rights and reputations of service members, seeking outcomes that honor their service and protect their futures.

Why Choose Our DUI Defense Lawyers?

CLIENTS FIRST
Every attorney will tell you they put their clients first. That is true for Aviso Law, but it's how we go about it that sets us apart. We understand the difference between being prepared and aggressive in courtrooms, while being understanding and pragmatic in client meetings. We believe in being realistic as well as easy to work with through all the phases of your case, both in and out of court; this saves you money and time while still receiving the service you deserve with the goal of achieving desired results.

PROVEN SUCCESS
To us, success isn’t measured by the years we’ve spent behind a desk but by the careers we’ve built, the contacts we’ve made, and the thousands of clients we’ve served to protect jobs, families, education, and reputations. We developed our careers in Colorado’s military and civil courts, successfully defending clients from all walks of life. We come highly rated by our clients and have received professional recognition for our work.

BREAKING THE MOLD
We’re not your typical law firm. We don’t wear fancy suits (unless we have to in court), and we don’t hide behind big imposing desks. Reflective of our military roots, we strive to serve. We understand the legal process can be threatening and worrisome, which is why we work with our clients to get results. We aim to be respectful, diligent, and cost-effective while practicing the highest standards of legal representation.

Our client-centric approach extends beyond legal outcomes. At Aviso Law, we prioritize open communication and proactive involvement, keeping clients informed at every stage. We aim to demystify the legal process, providing clarity and guidance, and maintaining transparency to foster greater trust. Our goal is not just to deliver legal services but to empower our clients through knowledge and understanding.

Defenses Against DUI Charges in Colorado

Some common defenses against DUI charges may include:

• Improper Stop or Arrest: If law enforcement did not have a valid reason to stop you or lacked probable cause to make an arrest, it could be a defense.
• Inaccurate Breathalyzer or Blood Test Results: Challenging the accuracy of the breathalyzer or blood test results is a common defense. Factors such as improper calibration or administration can be questioned.
• Rising Blood Alcohol Content (BAC): It takes time for alcohol to be absorbed into the bloodstream, and your BAC may continue to rise after you've stopped drinking. It could be a defense if your BAC was below the legal limit while driving but increased afterward.
• Field Sobriety Test Issues: If the field sobriety tests were improperly administered or the conditions were not suitable, it may be a basis for challenging the results.
• Medical Conditions: Certain medical conditions or medications can impact breathalyzer results. If you have a medical condition or were taking medication that could influence the test, it might be a defense.
• Violation of Miranda Rights: If you were not properly informed of your Miranda rights during the arrest, it could be a factor in your defense.
• Illegal Search and Seizure: If evidence had been acquired through an illegal search or seizure, it could be possible to challenge the admissibility of that evidence in court.
• Witness Credibility: Questioning the credibility of witnesses, including law enforcement officers, can be part of a defense strategy.

Developing these defenses requires comprehensive evaluation and strategic thinking. Each case's uniqueness highlights the importance of a personalized review of circumstances, ensuring every defense route is considered. Our approach involves meticulous analysis and close collaboration with clients to clarify defense strategies, safeguarding rights and aiming to reduce any potential repercussions.

How Long Will a DUI Stay on Your Record?

In Colorado, a DUI conviction can have lasting effects on both your driving and criminal records. Once convicted, a DUI remains on your driving record permanently, meaning it cannot be removed or expunged. The long-term impact of a DUI conviction can affect various aspects of your life, including employment opportunities, insurance rates, and your driving privileges.

For criminal records, although the DUI remains, the timeframe in which it significantly affects sentencing for future offenses is crucial. In Colorado, a DUI conviction is considered "priorable" for sentencing purposes for 10 years. This means that if you are charged with another DUI within that 10-year period, it will be treated as a subsequent offense, leading to harsher penalties. However, even after 10 years, the DUI still remains on your criminal record and could be viewed in other legal contexts.

Additionally, any DUI conviction is likely to result in increased insurance premiums for a minimum of 3 to 5 years, depending on your insurance provider. Colorado law mandates that insurance companies access driving records for risk assessment, meaning the conviction can have long-term financial consequences.

Given the serious and lasting impact of a DUI on both criminal and driving records, it is essential to seek professional legal advice to explore options for mitigating penalties and protecting your rights.

To address these challenges, it is crucial not only to focus on short-term defense strategies but also on the long-term implications of having a DUI on your record. Legal counsel can provide insights into options that may alleviate the repercussions, such as participating in alcohol education programs or engaging in community service, which could positively influence future interactions with law enforcement or judicial evaluations.

Contact Our Colorado Springs DUI Attorney Today

If you are facing DUI charges and seeking experienced legal representation, our DUI lawyers in Colorado Springs are here to assist you. We understand the complexities of these cases and are dedicated to delivering personalized and effective defense strategies tailored to your unique situation. We strive to protect your rights and guide you through the legal process with expertise and compassion. Don't navigate this challenging situation alone – contact us today for the support and advocacy you deserve.

In moving forward with an experienced DUI defense team, you align yourself with professionals who possess the understanding and commitment necessary to handle your case. We encourage you to take that next step, leverage the personalized service of Aviso Law, and allow us to stand with you, articulating your case and safeguarding your future interests.

Contact our DUI attorneys in Colorado Springs today or call Aviso Law at (719) 356-5552 to learn more about your options and how to best protect your future.

FAQs About DUI Defense in Colorado Springs

What Happens if I Refuse a Breathalyzer Test in Colorado?

In Colorado, refusing a breathalyzer test when pulled over for suspicion of DUI can have immediate and severe consequences. Under the state's express consent law, drivers are required to submit to chemical tests if a law enforcement officer has probable cause to believe they are under the influence. Refusal can lead to an automatic one-year suspension of your driving privileges, and this duration increases with subsequent refusals. Additionally, refusal can be used against you in court as an indication of guilt. Aviso Law advises understanding your rights and the implications of refusing a test, as each scenario can present unique outcomes and legal pathways.

Can I Get a DUI for Prescription Drugs?

Yes, in Colorado, it's possible to get a DUI for being impaired by prescription drugs. State laws are very clear that driving under the influence is not limited to alcohol consumption. If a prescribed medication impairs your ability to operate a vehicle safely, you can be charged with a DUI. It’s essential to consult with legal counsel at Aviso Law to evaluate how the nuances of your case align with Colorado's regulations and to defend against any allegations of impairment due to prescription medications.

What Are the Consequences of a DUI with a Minor in the Vehicle?

If you are charged with a DUI with a minor in the vehicle in Colorado, it is considered an aggravating factor that can considerably escalate the severity of your charges and penalties. Courts generally take a much sterner view when the safety of a child is compromised, potentially leading to enhanced charges and increased fines, longer jail sentences, and more severe license suspension. It’s crucial to approach such charges with robust legal representation, as offered by Aviso Law, to help mitigate these serious repercussions.

How Does a DUI Affect My Occupational License?

A DUI conviction in Colorado can impact your ability to hold or maintain certain occupational licenses. Professions that require licensure—such as law, medicine, or piloting—may impose additional scrutiny or sanctions if you're convicted of a DUI. Beyond the immediate criminal consequences, professional disciplinary actions may follow. Aviso Law can provide guidance on understanding these potential impacts and help in mitigating or addressing them within your professional arena.

Are There Programs to Help Avoid a DUI Conviction in Colorado?

Colorado offers some options that might help avoid a DUI conviction, such as participating in diversion programs or pleading to lesser offenses. These alternatives often involve rehabilitation programs, educational workshops, or community service, and could be available depending on the specifics of your case. It’s pivotal to discuss these possibilities with a seasoned attorney who can guide you on the eligibility and application process, ensuring that all favorable resolutions are thoroughly explored. Aviso Law is positioned to investigate these paths, aligning legal strategy with your personal circumstances and future goals.

Related Reading

• THE HIDDEN COSTS OF A DUI