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DUI

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.

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.

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.

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Practicing Law In Colorado Springs FOR OVER 20 YEARS

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: 

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.

How We Defend DUI Charges

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.

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 DUI or DWAI case and learn how we can defend your rights.

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Representing Individuals in Colorado Springs & Surrounding Areas LONG & SUCCESSFUL HISTORY
If you are in need of a lawyer to represent you against criminal charges, please contact us for a FREE CONSULTATION. We are available 7 Days a Week/ 24 Hours a Day.

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.

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.

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.

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Why Choose The Gasper Law Group?

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SERVING COLORADO SPRINGS FOR OVER 20 YEARS
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