Colorado Springs DUI Attorney
Defending Against Drunk Driving Charges in El Paso County, CO
When it comes to drunk driving offenses, a DUI or DWAI conviction can result in serious penalties in criminal courts. At The Gasper Law Group, we understand the severe consequences that driving under the influence can inflict on the lives of individuals and their loved ones. Whether you simply weren’t thinking or made an honest mistake, consulting with an experienced DUI/DWAI defense lawyer is imperative to protecting your rights and preserving your freedom in Colorado Springs, El Paso County, or beyond.
We also understand that everyone makes mistakes, which is why we’re committed to ensuring that your side of the story is heard. From determining an effective DUI/DWI defense strategy to fortifying your situation with strong evidence, you can rely on our seasoned attorneys to help you navigate the legal complexities while working to dismiss or reduce the charges against you. Our dedication to transparent communication ensures that you're informed at every step, providing clarity and support when you need it most. With The Gasper Law Group, navigate your DUI defense journey with confidence.
Many people facing charges in the El Paso County Court or Colorado Springs municipal courts are unsure how quickly they need to act or what will happen at the first appearance. By speaking with a DUI attorney early in the process, you can get answers about deadlines, possible license issues, and what to expect in both the criminal and administrative parts of your case. We take the time to explain which options may help protect your record, your driving privileges, and your future so you can make decisions with a clear understanding of the risks and potential benefits. Our Colorado Springs DUI lawyer can help.
If you’re facing DUI or DWAI charges in El Paso County, securing a strong defense is crucial to protect your freedom. Call (719) 212-2448 to schedule a free consultation. Our Colorado Springs DUI lawyer can help.
Driving While Ability Impaired (DWAI) in Colorado Springs & El Paso County
A DWAI offense (“driving with ability impaired”) is considered less serious than a DUI offense. Unlike the 0.08% BAC threshold for DUI offenses, DWAIs entail a BAC reading of 0.05% to 0.07%. While DUIs can be charged as misdemeanors or felonies depending on the circumstances, DWAIs are often considered misdemeanor offenses.
However, certain exceptions can apply, as DWAI offenders with three or more drunk driving convictions can face felony charges. Unlike first-time DUIs, first-time DWAI offenses generally don’t result in license suspension, although this can apply if the defendant has four or more points on their record at the time of the offense.
First-time DWAIs are misdemeanors punishable by:
- 2 to 180 days in jail
- $200 to $500 in fines
- Up to 48 hours of community service
- Up to 2 years of probation
In addition to these penalties, enrollment in alcohol education or treatment programs may be required in order to regain driving privileges.
Second DWAIs are typically considered misdemeanor offenses punishable by:
- A minimum of 10 days to 1 year in jail
- $600 to $1,500 in fines
- Up to 120 hours of community service
- Up to 2 years of probation
Third-time DWAI offenders can face misdemeanor charges punishable by:
- A minimum of 60 days to 1 year in jail
- $600 to $1,600 in fines
- Up to 120 hours of community service
- 2-4 years of probation
Subsequently harsher penalties make it all the more crucial to consult a competent DUI defense lawyer in Colorado Springs as soon as possible.
Because DWAI penalties can increase with each conviction, it is important to look at your full driving and criminal history before making decisions about how to resolve a case. A DUI defense attorney can assess whether prior incidents, probation status, or pending charges in El Paso County or other Colorado courts may affect the potential outcome, and then help you weigh the pros and cons of plea offers compared to taking your case to a hearing or trial.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Understanding DUI Laws in Colorado
Colorado law takes impaired driving seriously and imposes strict penalties for those convicted. DUI charges may involve alcohol, drugs, or even prescription medication that impairs your ability to drive safely. Key distinctions include:
- Driving Under the Influence (DUI): Charged when a driver’s blood alcohol content (BAC) is 0.08% or higher, or when impairment is evident regardless of BAC.
- Driving While Ability Impaired (DWAI): A lesser charge that applies when BAC is between 0.05% and 0.08% or if there is evidence of slight impairment.
- DUI Per Se: A charge based solely on BAC being above the legal limit, regardless of actual driving behavior.
- Underage DUI: Drivers under 21 face charges if their BAC is 0.02% or higher.
Understanding the difference between these charges is critical, as each carries different consequences and requires a tailored defense strategy.
Types of Drunk Driving Offenses in Colorado
From drugged driving to having one drink too many before getting behind the wheel, all it takes is one decision to find yourself facing serious criminal charges. If you were accused of driving while impaired, it’s imperative to seek strong representation as soon as possible to avoid life-altering penalties in court.
Fortunately, our firm has extensive experience defending accused drivers in Colorado Springs and beyond. Our DUI defense attorneys have a comprehensive knowledge of state and federal criminal laws, making us well-equipped to represent clients facing a variety of drunk driving offenses.
Common cases we handle include:
- First-Time DUI
- Multiple DUI
- Felony DUI
- DUID Offenses
- DWAI Offenses
Our holistic approach ensures every client's rights are safeguarded while pursuing the best possible outcome. The Gasper Law Group combines thorough legal knowledge with empathetic client care to support you during challenging times. Whatever DWAI or DUI charges you face, our defense lawyers can help you face those challenges with confidence.
In many situations, a drunk driving attorney can also advise you about related issues that are easy to overlook in the stress of an arrest, such as how a conviction might impact a professional license, a security clearance, or a pending family law matter. Because we regularly appear in courts throughout Colorado Springs and Southern Colorado, we are familiar with local practices and diversion opportunities that may be available in some cases, and we work with you to explore practical solutions that fit your personal and professional goals.
How We Defend DUI Charges in Colorado Springs
Every DUI case is different, and a successful defense depends on examining the details. As your Colorado Springs DUI attorney, our team investigates every aspect of your arrest and charges, including:
- Traffic Stop Legality: Did the officer have reasonable suspicion to pull you over?
- Field Sobriety Tests: Were they administered correctly, and were conditions fair?
- Breathalyzer and Blood Tests: Were the machines calibrated properly, and were testing procedures followed?
- Constitutional Rights: Were you read your rights, and were you treated fairly during the arrest?
By challenging weaknesses in the prosecution’s case, we work to suppress unlawfully obtained evidence, negotiate for reduced charges, or pursue dismissal when possible.
Depending on the facts of your case, we may also gather records, video, and witness statements that shed light on what really occurred before and during the stop. A drunk driving lawyer can review reports from the Colorado Springs Police Department or the El Paso County Sheriff’s Office, compare them with body camera or dash camera footage, and identify inconsistencies that could support a motion or negotiation strategy. We keep you informed as we evaluate this material so you understand how each piece of evidence may affect your defense.
Why You Need a Colorado Springs DUI Attorney
Attempting to handle DUI charges on your own is risky. Prosecutors build their cases using technical evidence, scientific testing, and strict legal standards. Without experienced representation, you may miss opportunities to challenge evidence or secure a reduced outcome.
As your legal advocates, we provide:
- Thorough Case Analysis: Reviewing every detail for possible defenses.
- Aggressive Courtroom Advocacy: Fighting to ensure your rights are protected.
- Negotiation with Prosecutors: Seeking reduced charges or alternative sentencing.
- Guidance at Every Step: Helping you understand your options and make informed decisions.
Call (719) 212-2448 or contact us online to discuss your case and learn how our Colorado Springs DUI lawyers can defend your rights.
How We Can Help
We understand that a conviction can affect far more than fines and possible jail time, especially when it comes to your ability to drive to work, school, or care for family members. A DUI defense lawyer can walk you through options such as ignition interlock devices, restricted licenses, and alcohol education so you know what steps may help you maintain as much stability as possible while complying with Colorado law. Our goal is to guide you through each phase, from your first appearance at the El Paso County courthouse to the final resolution of your case.
DMV Hearings and License Consequences in Colorado Springs
After a DUI or DWAI arrest in Colorado Springs, you face not only a criminal case but also a separate administrative process with the Colorado Division of Motor Vehicles. The DMV focuses on whether your license should be suspended or restricted, and this process follows its own deadlines that are different from the court dates you receive at the time of arrest. By understanding how the DMV case works alongside your criminal charges, you can make more informed choices about requesting hearings, preparing evidence, and planning for possible changes to your driving privileges.
At a DMV hearing, a hearing officer reviews documents such as the officer’s report, test results, and any statements you or witnesses provide to decide whether to revoke or restrict your license. A DUI defense attorney can help you request this hearing on time, gather records that may support your position, and present arguments about issues like the lawfulness of the stop or the validity of the chemical test. We also explain how different outcomes may affect your ability to obtain an ignition interlock-restricted license so you can continue commuting in and around El Paso County while meeting the state’s requirements.
Frequently Asked Questions About DUI/DWAI in Colorado
What Happens After a DUI Arrest in Colorado Springs?
After a DUI arrest in El Paso County, the legal process typically begins with an arraignment, where you will be formally charged and asked to enter a plea of guilty or not guilty. Understanding your rights at this stage is crucial, as the decisions made can significantly impact the case's trajectory. It's also important to act quickly to address any driver's license suspension that may occur. This often involves requesting a hearing with the Department of Motor Vehicles within 7 days of the arrest to contest the suspension. Throughout the process, having a DUI defense lawyer on your side can help you potentially reduce or dismiss your charges.
Before your first court date at the El Paso County Court or Colorado Springs municipal court, a DUI lawyer can review the police reports, explain the charges, and help you understand what the judge will address at each hearing. We can also help you prepare for conditions of bond, evaluate whether to request independent testing, and coordinate gathering documents or witnesses that may support your position. Taking these steps early can put you in a stronger position when it is time to discuss your case with the prosecutor or consider possible resolutions.
Can I Refuse a Breathalyzer or Blood Test in Colorado?
Refusing a breathalyzer or blood test in Colorado is possible, but it comes with significant consequences. Colorado follows an implied consent law, which means drivers automatically consent to such tests if suspected of DUI. Refusal can lead to an automatic license suspension, typically lasting a year, and be used as evidence of guilt. Moreover, a refusal doesn't prevent the possibility of being charged with a DUI, as other evidence such as field sobriety test results or officer testimony can still be utilized in court.
If you refused testing, a DUI defense attorney can explain how that choice affects both your DMV hearing and your criminal case, and whether you may be eligible for an ignition interlock-restricted license during a period of suspension. We can help you decide whether to challenge the refusal at the DMV, prepare you for testimony if a hearing is set in Colorado Springs, and seek outcomes in court that take into account your driving needs and any steps you have taken toward treatment or education.
How Does a DUI Affect Employment in Colorado?
A DUI conviction in Colorado can have several repercussions on employment opportunities. Certain professions, especially those involving driving or operating heavy machinery, may include employment conditions that prohibit hiring individuals with a DUI record. Additionally, the record can create challenges during job application processes, as potential employers may view a DUI negatively. It's important to proactively address these challenges with potential employers and explore legal options for expungement if eligible. Engaging in rehabilitation or educational programs can also help to demonstrate reform and mitigating the impact of a DUI on your professional life.
For many workers in Colorado Springs and the surrounding military installations, a DUI can also raise concerns about background checks, access to secured facilities, or future promotions. Speaking with a drunk driving lawyer can help you understand what must be reported, what may appear on different types of checks, and how certain plea arrangements might affect your record over time. We can work with you to identify realistic goals for protecting your employment and help you document positive steps, such as treatment or counseling, that may be useful in both court and workplace conversations.
Call (719) 212-2448 or contact us online to discuss your case and learn how our Colorado Springs DUI lawyers can defend your rights.
-
"If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
-
"If you need legal help use Gasper, ask for Christine I am thankful I did!!!"I don't write many reviews! Gasper Law Group proved to be worthy of my highest recommendation. Everyone at some time will need some legal service, but where to go. I want you to know Gasper Law Group can help you save what you might stand to lose. I really want you to know Christine S. is the finest Family Law Attorney you will find. Christine is experienced, committed to her clients, and will help save what whats most important to you. I would so like the leadership of Gasper Law Group to know how fortunate they are to have a team member of her Caliber. If you need legal help use Gasper, and ask for Christine I am thankful I did!!!- Eric D.
-
"My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party."Caryn Adams and her team are hands down the BEST. I don't think I would have made it through what I went through without her by my side. My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party.- Avarie J.
-
"The professionalism, guidance, and candor I’ve received from each person in this law firm has been beyond reproach."
I’m not one to have an extensive experience with law firms or lawyers and court in general. However, the professionalism, guidance, and candor I’ve received from each person in this law firm have been beyond reproach. Anytime, I mean, anytime, I’ve had a question about my case and the way forward, I was met with a friendly and constructive conversation about my case. There was never a doubt in my mind, that I made the right choice when I selected this law firm to represent me. Caryn and Stacie have been a wonderful blessing to my life and my legal proceedings. If you are looking for a no-BS law firm that has a significant reputation in the Springs area, I absolutely recommend this one. Even though I hope to not have to deal with this again, fingers crossed and every lucky charm, I’d trust this law firm with my representation to handle the hard stuff and give me ease with court proceedings. Thank you all for what you do and have done for me, my family, and my career. Bless you all.
- Steve S. -
"Attentive and supportive"The Gasper Law Group was fantastic. They treated me well and were very open about my situation. The team was attentive and made sure I fully understood everything, supporting me all the way. I would recommend them to anyone for any situation.- Jason E.
-
"Excellent care and representation"The Gasper Law Group took great care of me throughout my legal situation and constantly kept me in the loop. Couldn't ask for better representation!- Ryan L.
-
"Thank you so much! You helped complete our family and we are forever grateful."Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.- Misty M.
-
"I highly recommend you use them to make your life easier. I couldn’t ask for a better team!"I used the Gasper Law Group when I was going through my divorce and child custody case. I got the outcome I wanted, Carrie Kelly and Kimberly Lucas made my life 10x easier considering i didn’t know what I was doing. They were patient, and caring and even made me laugh a few times. I highly recommend you use them to make your life easier. I couldn’t ask for a better team! I’m now happily divorced and got my kiddo 50/50! You guys rock and if anything comes up in the future, I’ll be sure to use you guys! Thanks so much gasper law group for the fast and professional services!- Micheala E.
Why Choose The Gasper Law Group?
-
Committed to the Community
-
Helping People First
-
Offering Payment Plans