Tamara is a certified copywriter and editor with over four years of experience writing legal content for some of the U.S.' best-known law firms, marketing agencies and legal service providers. She has crafted thousands of practice pages, FAQs, blog posts, case studies and long-form articles on topics such as personal injury law, mass torts and criminal law.
Tamara Armstrong
Tamara is a certified copywriter and editor with over four years of experience writing legal content for some of the U.S.' best-known law firms, marketing agencies and legal service providers. She has crafted thousands of practice pages, FAQs, blog posts, case studies and long-form articles on topics such as personal injury law, mass torts and criminal law.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Colorado Springs, the “City of Champions,” is famous for its Olympic connections and natural beauty. However, if charged with a DUI, you’ll likely discover that Colorado Springs also has some strict DUI laws.
Whether you are a first-time offender or have multiple DUI convictions in Colorado, getting a competent attorney on your side can make all the difference in your case. In this article, we have compiled a list of the best DUI lawyers in Colorado Springs and discuss what drivers should know about Colorado’s DUI laws.
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Best DUI Attorneys in Colorado Springs, CO
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DUI Laws in Colorado
Understanding the relevant laws and their implications can be crucial if you have been charged with a DUI in Colorado. This knowledge allows you to protect yourself and make decisions that could minimize the consequences of a DUI charge on your life, such as hiring an attorney. Here’s a condensed overview of the important Colorado DUI laws:
Legal Blood Alcohol Concentration (BAC) in Colorado
According to Colorado DUI laws, you can be arrested and charged with driving under the influence (DUI) if:
- You have a blood alcohol concentration (BAC) of 0.08% or higher.
- You have a BAC lower than 0.08% but are impaired and unable to operate a vehicle safely.
- Your blood shows over five nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter.
- You are a commercial driver with a BAC of 0.04% or higher.
- You are under 21 and have a BAC of 0.02% or higher.
Your BAC and any previous convictions for DUI can affect the severity of your charges and penalties. Those with a high BAC or repeat DUI convictions face higher fees and longer jail times. If your BAC is more than 0.05% but less than 0.08%, you could be charged for the lesser crime of driving while ability impaired (DWAI) in Colorado and receive fewer penalties. It’s important to note that a person convicted of a DUI of marijuana faces the same penalties as those convicted of alcohol DUI, such as jail time, fines and others.
Implied Consent Laws in Colorado
Under Colorado’s implied consent laws, all motor vehicle drivers on the state’s streets and highways automatically consent to chemical testing for alcohol or drugs if suspected of driving under the influence (DUI). Refusal to submit to breath or blood testing can carry severe consequences for drivers, such as an automatic driver’s license suspension of up to one year for a first offense. For subsequent offenses, the license suspension can extend up to three years.
Refusing blood or breath tests can also affect your legal DUI case. Prosecutors can use your refusal as evidence against you in court, where it can be interpreted as a sign of guilt and could lead to harsher penalties if you’re convicted.
DUI Penalties in Colorado
DUI penalties in Colorado depend on the driver’s BAC level, whether it was their first offense and other factors. Here is a summary of the common penalties for DUI and DWAI:
| Offense | Jail Term | Fine | License Revocation |
|---|---|---|---|
|
First DUI
|
Five days to one year
|
$600 – $1,000
|
Nine months
|
|
Firstt DUI with BAC > .20%
|
10 days to one year
|
$600 – $1,000
|
Nine months
|
|
First DWAI
|
Two days to 180 days
|
$200 – $500
|
none
|
|
First DWAI with BAC > .20%
|
10 days to one year
|
$200 – $500
|
none
|
|
Second DUI/DWAI
|
10 days to one year
|
$600 – $1,500
|
12 months
|
|
Third DUI/DWAI
|
60 consecutive days to one year
|
$600 – $1,500
|
24 months
|
|
Fourth DUI/DWAI
|
Two to six years
|
$2,000-$500,000
|
24 months
|
This table is not exhaustive. A DUI conviction can also result in other punishments, including mandatory public service, alcohol education classes and having to install an interlock device on your vehicle.
What to Expect After a DUI Arrest in Colorado
Two separate proceedings will take effect when you’re arrested for DUI in Colorado: the administrative and criminal processes. The administrative process involves the Division of Motor Vehicles (DMV) suspending your license for a time, depending on the seriousness of your charge. The license is suspended by default unless you request a hearing within seven days. If the hearing establishes that your BAC was above 0.08% or you refused breath and blood tests, the license suspension will go ahead.
In the criminal process, your DUI case is referred to the district attorney, who will decide whether to file charges. If charges are filed, you will have to appear in court. The legal process may include discussing a plea deal, where you could receive reduced charges for pleading guilty. Your case may go to trial if a deal cannot be reached. If found guilty, the judge will determine the appropriate penalties and sentence you.
How Can an Attorney Help You?
A DUI conviction can result in fines, jail time and a criminal record, among other penalties. An experienced DUI attorney can help you navigate the legal system and protect your best interests. They could even help you avoid a conviction or minimize your potential penalties. An attorney can assist you by
- Helping you understand your options. A skilled attorney has comprehensive knowledge of Colorado’s DUI laws and can help you understand the legal process and your options.
- Building a solid defense strategy. Your attorney will review the evidence against you, such as field sobriety tests and breathalyzer results, to identify any weaknesses in the prosecution’s case. They may also interview witnesses and collect additional evidence in your favor.
- Negotiating with the prosecution. To reduce the consequences of a conviction on your future, your attorney may negotiate a plea bargain or another solution with the prosecution.
- Representing you in court. If your case goes to trial, your attorney will represent you in court and argue your case to the judge and jury.
- Providing peace of mind. Being arrested and charged with a DUI can be a frightening experience. An experienced DUI attorney can advocate strongly for you and give you peace of mind.
How to Choose the Best DUI Lawyer in Colorado Springs
You need competent legal representation when charged with a DUI in Colorado Springs, CO. After all, your future may be at stake. Before hiring a lawyer to represent you, ensure they have these key features and credentials:
- Experience. Look for a Colorado Springs lawyer who primarily handles DUI cases and has several years of experience in the field. They will have handled cases like yours and have a deep understanding of the DUI laws in the state, which makes them well-equipped to handle your case.
- Reputation. Choose a lawyer with a good reputation in the legal community. Winning peer awards and recognitions can tell you much about the attorney’s reputation. You can also check past client reviews to understand the lawyer’s wins and track record.
- Accessibility. Work with a lawyer who can answer your questions and address your concerns. They should be responsive and promptly inform you of any updates with your case.
- Fees. Talk to your prospective DUI lawyer about fees before hiring them. Some attorneys charge a flat fee, while others charge by the hour or retainer. Make sure you know your attorney’s fee structure to avoid unpleasant surprises.
- Results. Don’t hire a lawyer who is evasive when you ask them about their results and wins. Find an attorney with a history of achieving favorable outcomes for their DUI clients, such as case dismissals and reduced charges.
Methodology
To come up with the best DUI lawyers in Colorado Springs in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What are the potential defenses against a DUI charge in Colorado?
You could have several potential defenses against a DUI charge, including:
- Challenging the legality of the traffic stop. If there was no valid reason to pull you over, the evidence obtained during the traffic stop may be inadmissible in court.
- Contesting breathalyzer tests. Breathalyzer tests can be inaccurate and produce false readings. If the device used during your test was faulty or the test was administered incorrectly, the result may be inadmissible in court and your case dismissed.
- Challenging the field sobriety test. Field sobriety tests are highly subjective, relying on an officer’s observation and judgment to interpret their results. They may also be administered incorrectly.
Depending on the unique details of your DUI charge, you could have other defenses. Consider consulting with a DUI defense lawyer who can build a defense strategy and help you get your charges reduced or even dismissed.
What is the difference between a DUI and a felony DUI?
A standard DUI is typically considered a misdemeanor offense. However, in a particularly serious offense or when a defendant has prior DUI convictions, they may be charged with a felony DUI. If convicted of a felony DUI, you could face more severe penalties, such as longer jail time and higher fines.
In Colorado specifically, your fourth DUI offense may be charged as a felony if you have three or more previous DUI convictions. You could also face a felony charge if you cause an accident resulting in another person’s serious injuries or death while you’re under the influence of alcohol or drugs.
Will I go to jail for the first DUI offense in Colorado?
Jail time is possible in all DUI cases in Colorado, even in a first DUI offense. According to the Colorado Revised Statutes, a first-time DUI conviction carries a mandatory minimum jail sentence of five days up to a maximum sentence of one year. However, the severity of your sentence will vary depending on various factors, such as your blood alcohol content (BAC) and whether anyone was injured in the accident.
A DUI conviction can result in not only jail time but also other long-term consequences and negatively impact your career, insurance premiums and reputation. If you were charged with a DUI, contact a lawyer who can protect your rights and minimize the potential consequences of a conviction.
