Colorado Springs DUI Defense Lawyer
Colorado Springs DUI 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 speak with a knowledgeable Colorado Springs DUI lawyer to get a better grasp of your situation.
A DUI conviction may result in losing your driver’s license, expensive fines, and serious jail time. But dedicated Colorado Springs DUI lawyers at the Bussey Law Firm, P.C., understand how your future could be affected. That’s why we fight to get the charges against you reduced or dismissed.
Call (719) 475-2555 to schedule a free case review today.
Are You in Need of a Colorado Springs DUI Defense Lawyer?
If you’ve been arrested for DUI in Colorado Springs, the steps you take now can have a huge impact on your future. The Bussey Law Firm, P.C., can take immediate legal action to protect your career, reputation, and freedom.
Why Choose Us Over Other DUI Defense Attorneys in Colorado Springs?
Timothy Bussey has been protecting the rights of DUI defendants in Colorado Springs since 1997. He can find the best legal strategy to reduce or dismiss the charges against you so you can get on with your life.
The Bussey Law Firm, P.C. | DUI Defense Attorneys in Colorado Springs
- Two former Deputy District Attorneys and one former Public Defender
- Former active-duty Air Force Judge Advocate who prosecuted and defended military cases
- Has won cases in the trial courts throughout Colorado, Colorado Court of Appeals and Colorado Supreme Court
- Nationally published in law books used by active lawyers throughout the country
- National speaker at Continuing Legal Education seminars
- Recognized by Super Lawyers for over 14 Years
- Recognized as a Fellow by the Litigation Counsel of America (LCA)
- Recipient of the Martindale-Hubbell Gold Client Champion Award
- Featured on the Cover of Colorado Springs Magazine for his landmark victory in People v. Rau
- Featured among the Colorado Springs Top Attorney List for multiple years since 2014
Don’t Wait to Speak with a Colorado Springs DUI Defense Law Firm
Time is not on your side after a DUI arrest. The sooner you consult a Colorado Springs DUI defense attorney, the better your chances of minimizing the consequences or even avoiding a criminal conviction altogether.
From the moment you get pulled over, law enforcement and the prosecution begin building a case against you—collecting blood test results, field sobriety test data, and witness statements.
A skilled Colorado Springs DUI defense lawyer from The Bussey Law Firm, P.C., can step in immediately to protect your rights, working to negotiate a lesser charge or get the charges dismissed altogether. We can also advise you on whether a plea bargain might be in your best interest.
Colorado Springs DUI Lawyer Tim Bussey Will Help You Challenge Your Breathalyzer Test Results.
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 drugs or alcohol, 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.
Types of DUI Cases We Handle in Colorado Springs
No two DUI cases are exactly alike, and Colorado law recognizes various types of offenses related to impaired driving. Our criminal defense attorneys handle a wide range of DUI-related charges, including:
- First-time DUI: Often eligible for a lesser charge or alternative sentencing options.
- Repeat DUI offenses: These may carry mandatory jail time and a possible felony charge.
- Drug-related DUIs: Including drug charges for driving under the influence of marijuana, prescription meds, or illegal substances.
- Underage DUIs: Zero-tolerance laws mean even trace amounts of alcohol can result in a criminal charge.
- DUI with injury: If someone was harmed, you may face a felony charge with enhanced penalties.
- Commercial driver DUIs: CDL holders face lower legal BAC limits, and their careers could be on the line.
DUI Evidence the Prosecution Might Use Against You
The state often relies on what seems like airtight evidence—but we know better. Prosecutors may present:
- Field sobriety test results
- Breathalyzer or blood test readings
- Police dashcam or bodycam footage
- Witness statements
- Your own statements, if made without an attorney present
Our firm has achieved victories by discrediting unreliable test methods, highlighting officer errors, and proving constitutional violations during stops and arrests. In fact, attorney Timothy Bussey is one of the only lawyers in Colorado with the ACS Forensic Lawyer-Scientist designation, giving us unique insight into how to challenge flawed forensic evidence.
What’s the Criminal Court Process for a DUI in Colorado Springs?
Understanding the DUI court process can help you feel more in control of your situation. Here’s a general overview:
- Arrest and booking. After the stop, you’ll be processed and possibly held overnight.
- First appearance. You’ll be formally advised of the criminal charges. This is where having an attorney early on is crucial.
- Pre-trial hearings. These determine if evidence will be suppressed or if a lesser charge may be negotiated.
- Plea bargains. In some cases, the prosecution may offer a plea to avoid trial. We review every offer for fairness and only recommend one if it’s in your best interest.
- Trial. If necessary, we’ll take your case to court and aggressively challenge the prosecution’s case before a judge or jury.
- Sentencing. If convicted, penalties can include fines, jail time, license suspension, or mandatory classes.
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 – 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.
If you are charged with any of the above, contact our skilled Colorado Springs DUI Attorneys at The Bussey Law Firm at (719) 475-2555.
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., can 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 can ensure that your rights are upheld throughout the legal process.
Our Colorado Springs criminal defense attorneys can 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 the services of our Colorado Springs DUI attorney at The Bussey Law Firm, P.C., we can 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 can 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.
Some of Our Colorado Springs DUI Case Results
DUI Case – Dismissed
The client was charged with Driving Under the Influence; their driver’s license was revoked. The Bussey Law Firm, P.C., was retained. Our team challenged the revocation, and the DMV reopened the case. We prevailed at the reopened case and had the revocation dismissed. Then, our law firm got the DUI dismissed. No conviction, no jail, no probation, no points reported to DMV, no loss of license.
DUI Accident Case – No Conviction, No Loss of License
The client was involved in a serious traffic accident. Our client was taken to the hospital for treatment, where he submitted to a blood test. The reported blood alcohol level was .190. The Bussey Law Firm, P.C., reviewed the discovery and body camera challenging the blood draw. Our team won the DMV hearing, and the client subsequently received a deferred sentence. No conviction, no points reported to DMV, no jail, no loss of license.
DUI Case – Dismissed
The client was charged with a DUI second and was facing a jail sentence. The client was involved in a traffic accident and submitted to a breath test. The client was unhappy with the firm he initially retained and subsequently hired the Bussey Law Firm, P.C. Our team fought for the client. The client first prevailed at the DMV hearing; no loss of license. Next, our team began to litigate the case. Ultimately, the prosecutor dismissed the action, as we showed the breath test was not completed as required by the Colorado Department of Public Health and Environment. Case dismissed, no conviction, no jail, no probation, no loss of license.
What Our Clients Have to Say About Us
“Multiple Counts . . . Deferred . . . with All Other Charges Dismissed” - Cam C (5-Star Google Review)
Timothy Bussey and his law firm are the first string when it comes to DUI and criminal defense. Tim dots his Is and crosses his Ts. I am beyond thankful for his legal counsel. I was looking at multiple counts of hit-and-run and one count of DUI. In the end, I was looking at a deferred sentence against DWAI with all other charges dismissed. Tim Bussey is the best of the best, period. For whoever is reading this, know this: you will be in good hands and you will not be disappointed. [...] There really [are] no words I can use to describe how grateful I am for Tim and his team. If you ever find yourself in the crosshairs of the law where Tim specializes in, you would be stupid not to retain him. Thank you, Tim!
“Timothy Bussey Worked with Methodical Diligence . . . with Fine Results” - William V. Thayer (5-Star Google Review)
Timothy R. Bussey ranks top-tier [among] attorneys at law in his field of practice. He was very understanding, thoughtful, patient, thorough, and more with all the details of my case. Timothy Bussey worked with methodical diligence in my court actions. I am pleased to have had Tim work on my case this year with fine results!
DUI Legal Defense FAQs
Do I Need a Lawyer for a First-Time DUI in Colorado?
Yes. Even a first-time DUI is a criminal charge in Colorado that can result in jail time, license suspension, fines, and a permanent record. An experienced DUI defense attorney can help reduce or dismiss charges, protect your rights, and guide you through the complex court process.
Can I Refuse a Breath or Blood Test?
You have the right to refuse a roadside breathalyzer test, but there are serious consequences for refusing a blood or breath test after being arrested. Colorado has an Express Consent law—meaning refusal comes with automatic penalties, including a one-year license revocation, even if you’re not convicted. Refusal may also be used against you in court.
What’s the Difference Between a DUI and a DWAI in Colorado Springs?
A DUI (Driving Under the Influence) means your BAC is 0.08% or higher or you’re substantially impaired. A DWAI (Driving While Ability Impaired) means your BAC is between 0.05% and 0.08%. DWAI carries lesser penalties, but it’s still a criminal charge that goes on your record.
Can a DUI Be Dismissed or Reduced?
Yes, your DUI can be dismissed or reduced depending on the circumstances. At The Bussey Law Firm, P.C., we’ve had charges dismissed or reduced to a lesser charge (like careless driving) due to issues with probable cause, faulty test results, or violations of your rights. Each case is different—our approach is to examine every angle.
What Are Common Legal Defenses Against a DUI Charge in Colorado?
Some of the most effective defenses include:
- Challenging the accuracy of breathalyzer or blood test results
- Questioning whether there was legal probable cause for the stop
- Identifying improper police procedure
- Medical or health conditions that may mimic signs of intoxication