FAQs

From the list below choose one of our FAQs topics, then select an FAQ to read. If you have a question which is not in this section, please contact us.

• Q.

  Criminal Attorney - When should I hire a Criminal Defense attorney?

  • A.

    As soon as you are contacted by the police.

    The sooner you have counsel in your corner the more effective we can be in preparing your defense. Time is of the essence in all criminal cases. Statements are being made, and evidence is being collected by the police to incriminate you.

    A criminal defense attorney who has handled many cases like yours can give you the best advice on how to proceed during the investigation and how to proceed through the criminal justice process in the Courts. Mistakes at any stage of your criminal case can have repercussions later in the case.

• Q.

  Criminal Defense- Should I talk to the Police about my case?

  • A.

    This is the one of the most important decisions you will make in a criminal matter.

    Always remember everything you tell the Police can and will be used against you in Court. The Police are interrogating witnesses and suspects to learn what has happened and to collect evidence against you.

    This is where hiring an attorney immediately can help in your case. Remember, you have the right to remain silent and the right to an attorney. Exercise these rights before you speak to the Police.

• Q.

  DUI - I was arrested for a DUI in Colorado Springs, what do I do now?

  • A.

    This is the one of the most important decisions you will make in a criminal matter.

    First, you need to remember as much as possible about the facts surrounding your arrest.

    If possible, take notes about important facts, including time of stop, time of any chemical tests, weather conditions, what you said to the officers, names of any witnesses to the DUI and from your drinking that night. Be sure to request a DMV hearing within the allotted time.

    If you did a breathalyzer test, or refused chemical testing, you have 7 days from the date of your charge to request a hearing. In the case of blood tests it will take longer for the DMV to receive your results and you will be mailed a notice of revocation from the DMV with a deadline to request a hearing. It is essential you request a hearing before that time or your license will automatically be suspended.

    Most importantly, contact a Colorado Springs DUI attorney immediately. Time is of the essence in any DUI or DWAI case to preserve evidence and to preserve your rights.

• Q.

  DUI - What will a DUI Attorney do for me that I can’t do myself?

  • A.

    A knowledgeable Colorado DUI Defense Attorney knows the laws, and knows the system. A DUI can have a serious impact on your life, your career, and your driving privileges.

    First, our DUI attorneys will review your case to determine if there are any possible legal and/or factual defenses to a DUI in your case. We can spot any weaknesses in the prosecution's case and can use that to obtain a more favorable plea during pretrial negotiations and motions to suppress evidence.

    Second, as former prosecutors in the Fourth Judicial District we not only know how to apply the law and the facts to your benefit in your case, we also are familiar with the Court system and procedures and know all the "ins" and "outs" of the system.

    Third, an experienced DUI attorney can present mitigating factors to the District Attorney to help you obtain a favorable plea bargain. This could mean showing a lack of previous criminal history, doing public service, or even starting on alcohol or drug treatment before the Court requires it.

    Fourth, if you are representing yourself, you are at a distinct disadvantage to the D.A.'s who have extensive legal training, resources, and experience handling hundreds of DUI's every year. Our DUI Defense attorneys are aggressive and knowledgeable, and are known for taking cases to trial. In many cases a jury trial is in your best interest, and you need someone in your corner who is an experienced trial attorney to formulate a legal strategy, to select a jury, to suppress evidence obtained against you illegally, and to make appropriate legal arguments and objections on your behalf.

    Our DUI attorneys will always keep you informed and explain to you the possible consequences of decisions you make at every step of your DUI case.

• Q.

  DUI - What are the possible defenses to a DUI case?

  • A.

    There are many defenses to a DUI under Colorado law. These defenses listed below are uniquely applicable to the facts of every case. An experienced Colorado Springs DUI Defense Lawyer can spot these flaws in the State's case against you and use them to your advantage to suppress crucial evidence against you or even obtain a dismissal.
    1. Unlawful Stop: The Police did not have a reasonable and articulable reason to stop you. This means that an officer must have a "reasonable suspicion" under the totality of the circumstances that criminal activity was occurring to be able to validly make a traffic stop.
    2. Unlawful Arrest: The Police must have probable cause to arrest you without a warrant. If an arrest is deemed unlawful, evidence obtained as a result of that unlawful arrest may be suppressed.
    3. "Under the Influence": The State must show beyond a reasonable doubt that you were under the influence (DUI) or that you were impaired (DWAI) while driving your vehicle. In many cases police officers are not properly trained, or make mistakes in administering field sobriety and/or chemical tests that can result in discrediting or invalidating these results.
    4. Blood Alcohol results: The prosecution carries the burden in proving that you were under the influence or driving while intoxicated. One of the ways this is shown by the State is through a Blood Alcohol Content test also known as a "B.A.C.". There are numerous problems that can arise with the testing procedures and the machines themselves that can cast a doubt on the validity of the B.A.C. results.
    5. "Driving": Under Colorado Law, the Prosecution must prove beyond a reasonable doubt that you were "driving" while under the influence or while your ability was impaired. They must show that you had actual physical control of the vehicle. This is an essential element to prove one is guilty of a drunk driving offense.
    6. Identity: The State must prove that it was you behind the wheel.
    7. Miranda: When a person is interrogated while under arrest, the Police must give Miranda warnings to the arrestee. If a proper Miranda advisement is not given, statements made by the arrestee may be suppressed.
    8. Every case presents a unique set of facts and can present additional defenses that an experienced DUI Attorney can spot and exploit to your advantage. The list above is not an exhaustive list, but details common defenses to a DUI charge.

• Q.

  DUI - What is the Legal Limit for Blood Alcohol Content (B.A.C.)?

  • A.

    If you are over the age of 21, the presumptive legal limit is .05 for a DWAI (Driving While Ability Impaired) in Colorado. If your B.A.C is .08 and above you are presumptively DUI (Driving Under the Influence). If you are under the legal drinking age of 21, the legal limit is .02. For those with a Commercial Driver's License, the law is a little different. The legal limit while driving a commercial vehicle is .04, and could result in the loss of a license for a year on the first offense, or three years if carrying a hazardous material. If a CDL driver is driving his personal vehicle while under the influence, he may still receive a CDL disqualification for one year for a first offense, or a lifetime disqualification for a second offense.

• Q.

  DUI - What will happen to my Driver's license?

  • A.

    When you are charged with a DUI, two processes begin that can revoke your license: the DMV process and the Court process. Both processes can affect your license and determine the length of your suspension. If you refused a chemical test, under the Colorado Express Consent law you will typically lose your license for a period of one year.

    Before January 1, 2009 if you did a chemical test and you were above the legal limit you will receive a 90 day suspension for your first offense. In some cases you may elect to lose all driving privileges for 30 days followed by 150 days of restricted driving privileges (typically to and from work and school etc.) instead of the 90 days revocation.

    After January 1, 2009 if you lose the DMV hearing you will face 30 days of no driving followed by a period of interlock on your vehicle. If you were between .08-.169 BAC you will receive a 9 month suspension, but you may apply for early reinstatement with the interlock after 30 days of no driving. If your BAC was a .170 or above you will face 2 years of interlock after you reinstate. Don't forget to file all reinstatement papers well before your 30 day period has run, because it takes approximately 2-4 weeks for the DMV to process your paperwork.

    You can also lose your license through receiving excessive points based on your plea in your criminal case. If you are over 21, you have 12 points in a year period or 18 points in a two year period. A DUI is a 12 point violation and a DWAI is an 8 point violation. If you plea guilty to a DUI the 12 points will revoke your license for a 1 year period, even if you won your DMV hearing.

    People who have prior convictions for a DUI or DWAI face additional consequences including very lengthy revocations. Please contact us for an individual analysis of your case based on the facts of your case and your driving history. Minors and persons with Commercial Driver's Licenses (CDL) face additional suspensions through the DMV and/or the plea in the criminal case. Please call our Colorado DUI attorneys at 227-0022 to discuss the specifics of your case, and how it will affect your license.

• Q.

  DUI Lawyer - Am I going to jail?

  • A.

    Jail is not mandatory in many circumstances, but is a possibility on any DUI, DWAI or DUID case. There are various ways an experienced Colorado Springs DUI Lawyer can help you avoid or decrease the amount of jail you receive in your case. Under Colorado law, jail is mandatory for multiple offenses or when a person's B.A.C is over .20. There are also jail alternatives that are possible in many circumstances.

• Q.

  DUI - What is this DUI going to cost me?

  • A.

    There are many costs associated with a DUI.

    First, there are mandatory court costs that include a Brain Research Injury Fund charge, and a Persistent Drunk Driving Surcharge that varies on the number of prior convictions for drunk driving offenses.

    Also you will be required to pay a fee to complete required community service, and to pay for any alcohol/drug therapy and classes required by the Court.

    Our fees range in price based on the individual facts of the case and whether there are prior DUI convictions. Our fees are very reasonable and we do accept payment plans and all major credit cards.

• Q.

  DUI - What are the possible penalties for a DUI or a DWAI?

  • A.

    Offense	Aggravators	Jail	Mandatory	Fines	UPS	License Effect
    DUI	None	5 d. to 1 yr.	None	$300 to $1000 plus costs	48-96 hrs	12 points-suspension
    DUI	BAC > .2	90 d. to 1 yr.	10 d.	$500 to $1500 plus costs	60-120 hrs	12 points-suspension
    DUI	Prior DWAI	70 d. to 1 yr.	7 d.	$450 to $1000 plus costs	56-112 hrs	Poss. 1 yr. revocation
    DUI	Prior DUI	90 d. to 1 yr.	10 d.	$500 to $1500 plus costs	60-120 hrs	Poss. 1 yr. revocation
    DWAI	None	2 to 180 d.	None	$100 to $500 plus costs	24-48 hrs	8 points
    DWAI	BAC > .2	90 d. to 1 yr.	10 d.	$500 to $1500 plus costs	60-120 hrs	8 points
    DWAI	Prior DWAI	45 d. to 1 yr.	5 d.	$300 to $1000 plus costs	48-96 hrs	Poss. 1 yr. revocation
    DWAI	Prior DUI	60 d. to 1 yr.	6 d.	$400 to $1200 plus costs	52-104 hrs	Poss. 1 yr. revocation

• Q.

  Traffic - How many points will suspend my license?

  • A.

    In Colorado it depends on your age group and the period of time in which the points were accrued. Below is a helpful chart to determine whether you are facing a suspension. (Points for drivers with a chauffeur license or a Commercial License are different.)
    
    
    

    Age Group                         12 month                     24 month         Period of License
    Minor Driver (16-17)          6 points                                                      7 points
    
    Minor (18-20)                      9 points                       12 points              14 points
    
    Adult (21 and over)            12 points                      18 points

    If you accumulate enough points to put you over the limit for your age group and time period the DMV will suspend your driver's license. If you are subject to a suspension you are entitled to a DMV hearing. Not all license suspensions are of the same duration. The maximum term is one year (based on excessive points), but a hearing officer has discretion on the length and type of suspension. For example, in many cases you may be able to obtain a restricted license (also known as a Red license) that allows a driver to have limited driving privileges such as to and from work, school, doctor's appointments etc.

• Q.

  Traffic - What are the possible penalties for traffic offenses?

  • A.

    Traffic violations will have different penalties based on the level of offense and what Court system will handle the case. On many offenses the fine is set and additional court costs will be added to the amount. Of course, actual penalties will vary based on the violation, history of the offender and applicable defenses to the charge.

    If the case has been charged in County Court, the penalties are often times more serious. Many traffic offenses are classified as Misdemeanor Traffic Offenses (MT1 or MT2) or are classified as regular Misdemeanors. A traffic offense charged as an MT2 can carry a jail sentence of up to 90 days. Some examples of an MT2 are: Careless Driving, Reckless Driving and certain speeding offenses (example 25 or more over speed limit). Other traffic offenses carry mandatory jail offense such as driving under restraint (5 days mandatory minimum jail) or driving under restraint for an alcohol-related conviction (mandatory minimum of 30 days in jail). In all cases a knowledgeable criminal defense attorney can help you minimize or even avoid jail on even the most serious traffic charges.