Colorado Springs Criminal Defense Attorney

Colorado regulates drunk driving more strictly than most states. Conviction for DUI (normally a Blood Alcohol Content of 0.08 percent and above) can result in fines, jail time, driver’s license suspension, probation, installation of an Ignition Interlock Device (IID) on your car, community service, alcohol education classes, and impoundment of your vehicle. Unlike most states, in Colorado, drivers whose BAC is even less than 0.08 percent can be charged with Driving While Ability Impaired (DWAI).

In Colorado, driving under the influence of marijuana is prosecuted as a separate offense called “Driving Under the Influence of Drugs” (DUID). The so-called “marijuana DUI” has come into sharp public focus since the legalization of the recreational use of marijuana in Colorado. Even when a blood test indicates that a driver‘s bloodstream holds more than the maximum legal amount of THC (5 ng/ml), Colorado law permits that a criminal defense lawyer is permitted to argue, based on the circumstances, that the defendant was not impaired despite the presence of 5ng/ml of THC in his bloodstream.

In Colorado, “domestic violence” is a label attached to an existing crime, such as harassment or stalking, that can be used to increase the severity of the sentence. This designation has been used as a political football in a way that can be unfair to the accused. The police cannot refrain from arresting the accused as long as probable cause is present. A restraining order must be automatically issued that could result in a second criminal charge if violated – even unintentionally. The prosecutor lacks the discretion to refrain from prosecuting as long as there is any chance at all of a conviction (making plea bargaining difficult).

Just about anyone convicted of a criminal offense risks indirect ramifications, including professional consequences. The risks for military personnel are particularly acute, however, especially for certain types of offenses.

I have represented many military personnel, and I am quite familiar with their special concerns. Not only can I defend my clients vigorously in court, but I can also advise my clients on whether or not it is necessary to report the arrest to a superior. Unfortunately, I cannot represent defendants in military courts.

Since plea bargaining involves an agreement to plead guilty in exchange for conviction of a lesser offense, it is obviously not the first choice for a criminal defendant. Nevertheless, it is sometimes the best option for a defendant who is in a difficult legal position. Prosecutors agree to plea bargains largely to rid their dockets of relatively weak cases that might result in an acquittal – after all, it takes a lot less time to agree to ask the judge to ratify a plea bargain than it does to proceed with a full-blown trial. A good plea bargain can be struck by an experienced DUI attorney in Colorado Springs with an eye for weaknesses in the prosecution’s case and a talent for effective negotiation.