Colorado Springs DUI Defense Lawyers

Colorado Springs Attorneys Defend Against DUI Charges

If you have been arrested for driving under the influence (DUI) or driving while your ability is impaired (DWAI) by alcohol in Colorado, you may feel overwhelmed. The first thing you’ll want to do is get a better grasp of your situation by speaking with a knowledgeable criminal defense lawyer.

A DUI conviction may result in losing your driver’s license, expensive fines, and serious jail time. The Bussey Law Firm, P.C., may be able to get the charges against you reduced or dismissed. Our dedicated Colorado Springs DUI lawyers understand how your future could be affected.

Timothy R. Bussey is recognized as a Fellow by the Litigation Counsel of America (LCA) for outstanding accomplishments in Criminal Defense Law. Tim holds an ACS Forensic Lawyer-Scientist Designation in the state of Colorado, and The Bussey Law Firm, P.C., is a Martindale-Hubbell Gold Client Champion.

Call (719) 475-2555 to schedule a free and confidential case review today.

What Is Considered a DUI or Alcohol Offense in Colorado Springs?

A DUI is defined as driving a motor vehicle while under the influence of alcohol, drugs, or both. Colorado law creates a permissive influence of intoxication if the driver has a test result of .08 or higher blood alcohol content (BAC) while operating a motor vehicle. Still, a DWAI requires a driver to have a .05 BAC. For drivers younger than 21, the BAC limit is .02.

If you have been arrested for DUI, you may be charged with two criminal offenses. The first offense is driving while impaired, which claims your ability to safely operate a motor vehicle due to alcohol or drugs was affected to the slightest degree. The second offense claims that regardless of your driving ability, your BAC was higher than the legal limit, and this qualifies as intoxication.

Colorado has strict DUI penalties. For a first offense, you may face a nine-month license suspension, fines up to $1,000, and between five days and one year in jail. Community service and alcohol education classes may be required.

The consequences escalate with subsequent offenses, potentially leading to longer jail time, higher fines, and extended license suspensions. Installing an ignition interlock device on the offender’s vehicle is also a common penalty.

It’s crucial to note that these penalties can be further enhanced under certain circumstances, such as having a BAC significantly above 0.08% or causing injury or death while driving under the influence.

What Is DUI with Injury?

Facing a DUI case involving injury in Colorado Springs can be a daunting experience, both legally and emotionally. If you crash your car while under the influence of alcohol or drugs, and another person suffers serious bodily injury in the accident, you will likely be charged with vehicular assault under Colorado Revised Statutes § 18-3-205. It does not matter if the substance you were using was prescribed by a doctor.

Vehicular assault is charged as a Class 4 felony in this situation, with penalties ranging from two to four years in state prison, a fine of up to $500,000, and mandatory three-year parole after you are released. Your DUI with injury will be sentenced according to your criminal history and the factors in the case. You may also lose your license and be found liable to the victim in a personal injury lawsuit.

If someone dies as a result of a DUI crash, you will be charged with vehicular homicide (also called vehicular manslaughter) – a Class 3 felony in this instance. The potential penalties are up to 12 years in state prison, a fine of up to $750,000, loss of your driver’s license, and more. It should be noted that for this charge to result in a conviction, just being involved in an accident that caused the death of another person while under the influence of alcohol or drugs is enough; the prosecution does not have to prove that your driving was reckless.

What Is Probable Cause?

Under Colorado state law, police officers must have probable cause or reason to pull over a driver for suspected drunk driving. Common signs that a driver is under the influence of alcohol or drugs include swerving into other lanes on the road, failing to brake at intersections, and driving at inconsistent speeds.

A police officer might make an arrest without sufficient evidence of misconduct. In these cases, The Bussey Law Firm, P.C., will provide a strong defense to protect your rights. If the officer did not have probable cause, you may be able to successfully refute DUI charges against you.

What Effective Legal Defenses Are Used Against a Colorado Springs DUI Charge?

Colorado Springs laws are complex, and the stakes are high. The Bussey Law Firm, P.C., is deeply familiar with local courts in Colorado Springs, and we know how to navigate the nuances of the legal system. We will ensure that your rights are upheld throughout the legal process.

Our criminal defense attorneys will scrutinize the evidence, question the validity of breathalyzer or blood tests, and challenge any procedural errors made during the arrest. We can also negotiate with prosecutors to potentially reduce charges, argue for lesser penalties, or even seek case dismissal if there are grounds to do so.

An arrest does not necessarily mean you are guilty of the alleged crime. In many cases, a DUI charge may be dismissed or reduced based on errors or mistakes made by law enforcement or faulty breathalyzers or something else, like the following:

• Failure to Read Miranda Rights: If an officer fails to read a suspected driver their Miranda Rights before the arrest, anything the driver said or did before the arrest may not be admissible at trial.
• Faulty Blood Alcohol Tests: Breathalyzers and other chemical tests used to decipher a driver’s blood alcohol content are notorious for providing inaccurate readings, which result in unjustified consequences. If an officer fails to administer a test accurately or there is an error in the test itself, the results may be inadmissible in court.
• Inaccurate Field Sobriety Test Results: Numerous factors can interfere with a field sobriety test. A police officer must watch a person’s balance, motor skills, and coordination to determine whether a suspected drunk driver is intoxicated. Poor lighting, medical conditions, slippery roads, and other issues may cause a person to appear under the influence of alcohol, drugs, or both, even when they aren’t.

Were You Arrested for DUI in Colorado Springs?

From the moment you engage our services, your Colorado Springs criminal defense attorney at The Bussey Law Firm, P.C., will provide clear communication about the legal process, what to expect, and how we plan to proceed with your defense. Our lawyers are accessible, answering your questions and addressing your concerns promptly. We will use every legal means available to protect your freedom and reputation.

Please call us at (719) 475-2555 to learn more today, or email us.