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Colorado Springs DUI Attorneys

Image of a drink, car keys and handcuffs, indicating if you drink and drive you will get arrested.

DUI arrests and charges can be upsetting. This is especially true in light of the fact that DUI laws and penalties in Colorado continue to get increasingly harsh. There are, however, ways to fight DUI charges and achieve favorable outcomes to these cases.

If you or a loved one has been charged with a DUI, the sooner you partner with an experienced Colorado Springs DUI attorney at Anaya & Chadderdon, P.C., the better. With a skilled, aggressive advocate in your corner, you can be confident that you have someone ready to fight for you and defend your rights at every step of your case moving forward.

Our DUI lawyers are available 24/7 to answer your questions, help you understand the two cases ahead of you and protect yours rights in both cases. We can meet you and/or a loved one at jail or our Colorado Springs office. We can also discuss your case over the phone. Call or send us a message online to schedule your free consultation.

After a DUI Arrest: The DMV Administrative Case & the Criminal DUI Case

The two cases that can be triggered by a DUI arrest will proceed on different timelines, independently from each, and the outcome of either case will not impact the outcome of the other. These DUI cases include the:

  • DMV DUI case – Also referred to as an “express consent” hearing or action, the DMV administrative case is a civil proceeding that only looks at your driving privileges and whether you should be able to keep them after a DUI arrest. If you do not request this hearing within seven days of your arrest, you will automatically lose your license. If you do request this hearing, you will have the opportunity to argue why you should be allowed to keep your driving privileges, and that determination will be made by a Hearing Officer from the Department of Revenue.
  • Criminal DUI case – The criminal case will determine whether you are guilty or not guilty of the DUI charges you face. These cases may end in a dismissal of charges, plea deals or trials. Convictions or plea deals can result in various penalties, like fines and possibly jail time.

The attorneys at Anaya & Chadderdon, P.C. can effectively and vigorously defend you in both of these cases.

Colorado DUI Laws & Penalties

Colorado DUI laws set forth different legal limits for different types of drivers, including:

  • Zero tolerance for underage motorists, with a BAC as low as 0.02 typically being sufficient to trigger DUI charges.
  • A 0.04 BAC limit for drivers who are over 21 and who hold commercial drivers’ licenses (CDLs)
  • A 0.08 blood alcohol content (BAC) limit for drivers who are over 21 and who hold standard drivers’ licenses.

Colorado DUI laws also set forth different penalties based on the accused person’s BAC and whether (s)he has any prior offenses.

If drivers refuse to submit to chemical testing, additional penalties can include:

  • A 1-year license revocation for first-time refusals
  • A 2-year license revocation for second-time refusals
  • A 3-year license revocation for third-time refusals.

With DUIs in Colorado, it’s also important to be aware that:

  • In some first-time DUI cases, it may be possible to work out a deal with prosecutors to plead to the lesser charges of “wet reckless.”
  • A previous DWAI may be counted as a prior alcohol conviction in a subsequent case, for the purposes of filing charges and imposing a sentence.
  • Aggravating factors, like accidents and injuries, can result in harsher charges and penalties.
  • Colorado does not have a “lookback” or “washout” period. This means that all prior DUIs will stay on your record, regardless of how long ago you got them, and they can be counted as priors for the purposes of filing new DUI charges and/or handing down a sentence.

What Jail time Could I Face For A DUI?

After being arrested for a drunk driving charge, one of the first questions people ask is, “Am I going to jail?” The honest answer is, it depends. DUI penalties, including jail time, vary according to the specific charge, the amount of alcohol in your blood and your prior record.

First-Offense Driving While Ability Impaired (DWAI)

  • Fines of $100 to $500
  • Jail: Two to 180 days
  • Mandatory public service: From 24 to 48 hours
  • Eight points on your DMV record

Second-Offense Driving While Ability Impaired (DWAI)

  • Fines of $300 to $1,000
  • Jail: From 45 days to one year
  • Mandatory public service: From 48 to 96 hours
  • License revoked for one year

First Drunk Driving Conviction (DUI)

  • Fines of $300 to $1,000
  • Jail: Five days to one year
  • Mandatory public service: From 48 to 96 hours
  • License revoked for one year

Second Drunk Driving Conviction (DUI)

  • Fines of $500 to $1,500
  • Jail: Between 90 days to one year
  • Mandatory public service of 60 to 120 hours
  • Twelve points on your driving record

If you are convicted of a second DUI or DWAI within five years of your first offense, you may be required to take an alcohol treatment program and you may be sentenced to additional jail time.

The attorneys at Anaya & Chadderdon, P.C. have more than 30 years of criminal trial experience with DUI cases

As former prosecutors, we have deep knowledge of the tactics and arguments prosecutors use to try to secure DUI convictions. This empowers us with the insight to anticipate what the prosecution may do and strategically structure your DUI defense. We are experienced at defending clients in all types of DUI cases, including (but not limited to):

  • DUIs involving accidents, injuries and/or deaths
  • DUIs involving alleged marijuana or other drug impairment
  • DUIs for CDL holders
  • First-Time DUIs
  • Military DUIs
  • Multiple DUIs
  • Out-of-state DUIs
  • Underage DUIs.

Driving Under the Influence of Drugs (DUID) Lawyer

DUI laws are relatively straightforward. In Colorado, a blood alcohol content (BAC) of 0.05 percent or greater may result in charges of DWAI or DUI. However, lawmakers have struggled to develop laws surrounding driving under the influence of drugs (DUID) in light of Colorado’s legalization of marijuana. At Anaya & Chadderdon, P.C., we represent drivers facing charges of DUID in Colorado Springs and the surrounding communities.

Complications In Colorado DUID Cases

Marijuana stays in the body much longer than alcohol, which means a person may test positive for marijuana use days or weeks after using it even though he or she is clearly not impaired. This makes drug tests a very poor indication of whether a driver is impaired by marijuana at the time of a traffic stop. In addition, the amount of marijuana in a person’s system may vary greatly depending on his or her age, health, metabolism and frequency of marijuana use.

Given these variables, it is particularly important that you and your attorney act quickly to understand the circumstances surrounding the traffic stop and begin building your defense against DUID charges. We have successfully represented clients facing DUI and drug charges in Colorado for decades, and we know how to structure cases for success.

How to Fight DUI Charges in Colorado Springs

The details of your DUI stop and arrest can help determine the best strategies for fighting the charges you face. During an initial consultation, a Colorado Springs DUI attorney at Anaya & Chadderdon, P.C. can provide you with clear answers regarding your best defense options. In general, however, some effective ways to defend against DUI charges can include by proving things like:

  • Inaccuracies with the field sobriety test results due to subjective assessment, failure to properly administer the test or other factors
  • Inaccuracies with chemical test results due to an uncalibrated breathalyzer, mistakes at the lab or other factors
  • Inconsistencies in the police report and/or the prosecutor’s arguments
  • No or questionable probable cause to make the traffic stop, request chemical testing or make the arrest
  • Procedural mistakes made by police, like administering chemical tests within 20 minutes of the stop and/or the driver having regurgitated or consumed something
  • Violations of the accused person’s rights during or after the arrest.