Are you facing a DUI charge in Colorado Springs? The uncertainty of what happens next can keep anyone awake at night. You’re likely concerned about the potential consequences: fines, loss of driving privileges, and even jail time. But remember, a charge is not a conviction.
At Christian A. Schwaner, P.C., we understand the gravity of your situation. As a former prosecutor with over 20 years of legal experience, attorney Christian Schwaner knows how both sides of the courtroom work, and he leverages these insights to his client’s advantage.
When you choose Christian Schwaner, you get his undivided attention—your case will never be handed off to paralegals. Unlike law firms overwhelmed by a high volume of cases, we take the time to understand our client’s unique circumstances. Christian Schwaner listens attentively, provides a defense strategy tailored specifically to your needs, and maintains consistent communication from start to finish. He is always just one phone call away. Contact us today for a free consultation.
DUI Law in Colorado
Colorado DUI laws can be challenging to navigate without an attorney. The state has stringent rules for driving under the influence (DUI) and driving while ability impaired (DWAI).
A DUI happens when a driver’s blood alcohol concentration is 0.08% or higher. On the other hand, a DWAI charge applies when a driver’s BAC is more than 0.05% but less than 0.08%.
A DWAI charge can also apply if the driver’s ability to operate a vehicle is impaired to the slightest degree by alcohol, drugs, or both, regardless of BAC level. Both charges carry penalties, fines, jail time, and community service.
BAC Limit in Colorado
In Colorado, the legal blood alcohol content (BAC) limit is 0.08% for drivers over 21 years old. For commercial drivers, the limit is lower at 0.04%. If you’re under 21, Colorado has a zero-tolerance policy, meaning any detectable amount of alcohol can lead to a DUI charge.
It’s important to note that even if your BAC is below the legal limit, you can still be charged with a DWAI if your ability to drive is impaired. This can be subjective and often depends on the officers’ judgment during a traffic stop.
DUI Versus DWAI
While both charges involve the operation of a vehicle under the influence of alcohol or drugs, they are distinct in terms of the blood alcohol concentration (BAC) levels that define them and the severity of the penalties they carry.
A DUI is the more serious charge and is given when a driver’s BAC is 0.08% or higher. Conversely, a DWAI is charged when a driver’s BAC is more than 0.05% but less than 0.08%. It’s also worth noting that a person can be charged with DWAI if their ability to drive has been impaired to the slightest degree, even if their BAC is below 0.05%.
The penalties for DUI and DWAI also differ, with DUI generally carrying harsher consequences such as longer jail time, higher fines, and a longer period of license suspension.
DUI Tests
When you’re pulled over on suspicion of DUI, the police officer is likely to run several tests to determine your level of impairment. Here are the most common tests:
Field Sobriety Test (FST): The field sobriety test includes a series of physical and cognitive tasks designed to assess your level of impairment. These may include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. The officer will look for signs of impairment such as inability to follow instructions, lack of balance, and poor coordination.
Breathalyzer Test: The breathalyzer test is a common method law enforcement uses to estimate your BAC. While this test is quick and non-invasive, it’s not always accurate and can be influenced by various factors such as mouth alcohol, medical conditions, and even certain diets.
Blood Test: A blood test is the most accurate way to measure if someone is driving while ability impaired. However, it requires a medical professional to draw blood and can’t be done roadside. If you’re taken into custody on suspicion of DUI, you may be asked to submit a blood test at the police station or a hospital.
Understanding the Administrative Versus Criminal Process for a DUI
In Colorado Springs, a traffic stop arrest triggers two processes: an administrative process through the Department of Motor Vehicle (DMV) and a criminal process through the court system.
The administrative process focuses on your driving rights and whether your license should be suspended.
On the other hand, criminal charges are processed in the judicial court and the deputy district attorney in El Paso County. The legal implications of a criminal DUI conviction include fines, jail time, and probation.
7 Days to Schedule a DMV Hearing
If you’ve been arrested for a DUI in Colorado, you only have seven days to schedule a hearing with the Department of Motor Vehicles. This hearing determines the status of your license going forward.
Failure to request a hearing within this seven-day window automatically suspends your driver’s license. It’s imperative to mark this deadline in your calendar and contact an attorney who can help guide you through the hearing process.
Temporary Driver’s License after License Revocation
If your license is revoked following an arrest, you may be eligible for a temporary driver’s license, also known as a restricted license. This allows you to drive to and from certain places like work, school, or alcohol education classes. However, obtaining a temporary license involves a complex process and specific criteria must be met. For instance, you may be required to install an ignition interlock device on your vehicle.
Ignition Interlocks
An ignition interlock device (IID) is a breathalyzer installed in your vehicle. Before starting your car, you must blow into the device. If it detects alcohol, your car won’t start. Colorado law requires IIDs for all DUI convictions, even for first-time offenders. The length of time you’re required to have an IID depends on the specifics of your case.
DUI Charges We Can Help With
Regardless of the nature of your DUI charge, Christian A. Schwaner, P.C. brings experience and knowledge to give your case the edge you need. Here are some of the DUI charges we frequently deal with:
First DUI
A first-time DUI charge can be a confusing experience. You’re likely worried about the potential penalties and how this could affect your future. Attorney Christian Schwaner works tirelessly to protect his client’s rights, especially if it’s their first time navigating a Colorado Springs DUI.
Second DUI
A second DUI carries more severe penalties than a first offense, including longer jail time and increased fines. Having an experienced attorney to fight DUI charges and work on a strong strategy for a favorable outcome is crucial.
Third DUI
DUI arrest charges get much more complex in a third DUI offense since it’s considered a misdemeanor in Colorado Springs. The penalties are more severe than a second offense, and you could face mandatory jail time. A Colorado Springs DUI lawyer with experience in criminal law and prosecutor’s tactics can make all the difference in your case.
Military DUI
If you’re a military member facing a DUI, the consequences of a DUI can be career-ending. Not only do you face civilian penalties, but you may also face military consequences, such as loss of rank or even discharge. Most DUI defense lawyers don’t have any experience in military cases. Christian Schwaner understands the unique challenges military members face, making him a well-referenced defense attorney who has been assisting military personnel for more than 20 years.
Underage DUI
If you’re under 21 and facing DUI charges, the consequences can be life-altering. Christian Schwaner has years of experience assisting in DUIs with minors involved. He is a valuable asset in your DUI case. You could face fines and even lose your license. We understand the unique challenges juveniles face and are committed to protecting your future.
DUI-D
Driving under the influence of drugs (DUI-D) is a serious offense in Colorado. Whether it’s prescription drugs, over-the-counter medications, or illegal substances, if they impair your ability to drive, you could face a DUI-D charge. Christian Schwaner is your go-to Colorado Springs DUI attorney, with years of experience building a strong DUI defense tailored to each DUI case he handles.
Marijuana DUI
Even though recreational marijuana is legal in Colorado, driving under its influence is becoming a frequent issue since it’s processed the same as a drunk driving charge. If you’re facing a marijuana DUI charge, Christian Schwaner can help.
Vehicular Homicide
Serious DUI cases involving accidents often leading to injury or death may be prosecuted as vehicular assault or homicide, with the possibility of facing felony DUI charges, with more severe fines and lengthy prison sentences. Christian Schwaner has a successful track record of handling vehicular assault cases. He is one phone call away whenever you need him the most.
Consequences of a DUI Conviction in Colorado Springs
In Colorado Springs, CO, DUI charges can have severe and lasting consequences. DUI penalties vary depending on the specifics of your case, including the BAC level, whether you have previous convictions, and whether there were any aggravating factors such as an accident or injury. Here’s what you might expect:
First DUI
Colorado penalizes first-time DUI convictions with up to one year in jail, $600 to $1,000 fines, up to 96 hours of community service, probation, and a nine-month license suspension.
Second DUI
Penalties for a second DUI within five years of your first conviction could include ten days to one year in jail, $600 to $1,500 fines, up to 120 hours of community service, and a one-year license suspension.
Third DUI
Penalties for a third DUI include 60 days to one year in jail, $600 to $1,500 fines, up to 120 hours of community service, and a two-year license suspension. An ignition interlock device is required for at least two years after the reinstatement of your license.
First DWAI
Penalties for a first-time DWAI conviction include up to 180 days in jail, $200 to $500 fines, up to 48 hours of community service, and eight points added to your driving record.
Second DWAI
Penalties for a second DWAI conviction include ten days to one year in jail, fines ranging from $600 to $1,500, up to 120 hours of community service, and a one-year license suspension.
Third DWAI
Penalties for a third DWAI conviction include 60 days to one year in jail, fines ranging from $600 to $1,500, up to 120 hours of community service, and a two-year suspension of driving privileges. An ignition interlock device is required for at least two years after your license is reinstated.
Immediate Steps to Take After a DUI/DWAI Arrest
Being arrested for a DUI or DWAI can be a frightening experience. However, the steps you take immediately after your arrest can impact the outcome of your case. Here’s what you should do:
Use the Right to Remain Silent
When you’re arrested, the police officer reads your Miranda rights, which include the right to remain silent. This means you don’t have to answer questions about where you were, what you were doing, or whether you’ve been drinking. Anything you say can and will be used against you in court. Politely decline to answer any questions until your attorney is present.
Don’t Refuse to Take the Test
Colorado has an express consent law, which means that by driving on Colorado roads, you’ve already consented to take a chemical test if asked by a law enforcement officer. Refusing to take a BAC test can automatically suspend your driver’s license.
Be Polite to Police Officers and Don’t Resist Arrest
It’s crucial to remain calm and respectful while interacting with law enforcement. Any sign of resistance can escalate the situation, potentially leading to additional charges. Remaining composed helps prevent the situation from worsening and ensures that you maintain a demeanor that may reflect positively in future legal proceedings.
Contact a DUI Attorney as Soon as Possible
Focus on your legal rights and the next steps, such as contacting a DUI attorney who can provide guidance based on the specifics of your case.
Most DUI defense attorneys work in association with a large law office. Find an experienced DUI lawyer who can build a strong defense specific to your needs and guide you through the legal process, help protect your rights, and work towards the best possible outcome for your case.
Schedule DMV Hearing
Keep in mind that after a DUI arrest in Colorado, you have seven days to request a hearing with the Department of Motor Vehicles (DMV) to challenge the suspension of your driver’s license. If you fail to request this hearing within seven days, your license is automatically suspended.
The Court Process After a DUI Arrest
Navigating the court process after an arrest can be complex and intimidating. Here’s a brief overview of what you can expect:
DMV Hearing
The DMV hearing is an administrative proceeding regarding your driving privileges. It’s separate from the criminal DUI case and focuses on whether your driver’s license should be suspended. It’s crucial to have an attorney represent you at this hearing to help protect your driving privileges.
Arraignment
The arraignment is your first appearance in court. During this hearing, the charges against you are read, and you’ll have the opportunity to enter a plea of guilty, not guilty, or no contest. It’s highly recommended to have a DUI defense attorney present during this hearing to guide you through the process.
Court Appearances
Depending on the specifics of your case, there may be several court appearances before your case goes to trial. These may include pre-trial conferences, motion hearings, and readiness hearings. A Colorado Springs DUI lawyer represents you at these hearings and works towards resolving your case favorably.
Pre-Trial
During the pre-trial phase, your attorney negotiates with the prosecutor to potentially resolve your DUI case without going to trial. This could involve plea bargaining, where the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence.
Trial
When DUI cases cannot be resolved during the pre-trial phase, they proceed to trial. Both sides present evidence during the trial, and witnesses may be called to testify. Your attorney prepares a strong DUI defense during this process and works towards achieving a not-guilty verdict.
Sentencing
If you’re found guilty at trial or if you plead guilty during the pre-trial phase, the next step is sentencing. The judge determines your sentence based on various factors, including the severity of your offense, such as a felony DUI, your BAC level at the time of arrest, and whether you have any prior convictions.
Possible Defenses Against a DUI
Being charged with a DUI in Colorado Springs doesn’t necessarily seal your fate. You have viable defense options. A reputable law firm can assist and question the lawfulness of the traffic stop, the authenticity of the BAC evidence, and the police procedures. A Colorado Springs DUI attorney like Christian Schwaner can evaluate your case to determine the best defense strategy. Here are some possible defenses:
Unlawful Traffic Stop: The police must have reasonable suspicion to stop you. If they didn’t have a valid reason for the traffic stop, any evidence obtained during that stop may be inadmissible in court.
Illegal Search and Seizure: Law enforcement must follow specific procedures when conducting a search and seizure. Any evidence obtained may be suppressed if these procedures were not followed correctly.
Improper Handling of Blood Samples: If your blood sample was mishandled or contaminated at any point during collection, storage, or testing, this could affect the accuracy of the BAC results.
False Positive Result: Certain medical conditions, medications, and even certain diets can produce false positive results on breathalyzer tests.
Violation of Miranda Rights: If you were not read your Miranda rights at the time of your arrest, any statements you made may be inadmissible in court.
Break in Field Test Protocols: Field sobriety tests must be administered according to specific protocols. If these protocols are not followed, the test results may be challenged.
Inconsistencies in Police Report: If there are inconsistencies or errors in the police report, this could cast doubt on the prosecution’s case.
Why Choose Christian Schwaner Over Other Colorado Springs DUI Lawyers
Choosing the right Colorado Springs DUI attorney is crucial to handling your case with the care and attention it deserves. Unlike larger law firms that might treat your case as just one among hundreds, Christian Schwaner provides a distinct advantage. As a former prosecutor and a Colorado Springs DUI attorney, he dedicates his full attention to each case he takes on.
Christian Schwaner stands out among Colorado Springs DUI attorneys with his extensive portfolio and expertise, ensuring you receive top-notch legal representation and personalized service. Unlike other attorneys who may sacrifice quality for quantity, Christian Schwaner is committed to maintaining high standards of personalized service. Here are several compelling reasons why Christian Schwaner should be your first choice among Colorado Springs DUI attorneys:
Knowledge
With over 20 years of legal experience, Christian Schwaner is a criminal attorney with a deep understanding of Colorado DUI laws and the court system. He knows what strategies work best in different situations and can guide you through the complex legal process.
Experience from Both Sides of the Courtroom
You won’t find many DUI defense lawyers in Colorado Springs with experience from both sides of the court. As a former prosecutor, Christian Schwaner is an experienced criminal defense attorney with unique insights into how the other side thinks and operates. He knows what evidence they will likely present and how to counter it effectively.
Takes Care of Each Case Personally
Most DUI lawyers work with dozens of cases each time, making it nearly impossible to provide a personalized approach. At Christian Schwaner’s law firm, each client receives personalized attention. When you hire our law firm, your case won’t be handed off to a paralegal or junior attorney. Christian Schwaner will handle your case personally, ensuring you get the best possible defense.
Remember, a DUI charge is serious but doesn’t have to ruin your life. You can fight these charges and move forward with your life with the right DUI defense.
Contact Us for a Free Consultation
Searching online for the best DUI attorney in Colorado Springs can add unnecessary stress to an already challenging situation. However, our reputation precedes us in distinguishing an experienced DUI attorney from others.
Most of our clients come through recommendations, a testament to our reliable services. We take pride in our track record of excellence and the trust our clients place in us, leading them to recommend our services repeatedly.
Choose our law firm to guide you through the legal maze. With knowledge specific to El Paso County, Christian Schwaner can provide the nuanced defense you need. Contact our law firm for a free consultation today. Christian Schwaner is the Colorado Springs DUI lawyer to defend you against drunk driving charges.
FAQ
Can a DUI be a felony in Colorado?
A felony DUI charge is issued for a person’s fourth or subsequent offense, which is classified as a Class 4 felony. Serious bodily injury or death resulting from a DUI incident can also bring the charge to felony status.
What is the BAC limit in Colorado?
In Colorado, the legal blood alcohol content (BAC) limit for drivers over 21 years old is 0.08%. For commercial drivers, the limit is lower at 0.04%. If you’re under 21, any detectable amount of alcohol can lead to a DUI charge due to Colorado’s zero-tolerance policy.
Why was I not offered the breath test?
In Colorado, law enforcement officers have discretion over which type of chemical test to administer – breath or blood. In some cases, a breath test may not be offered if a blood test is deemed more appropriate. For instance, if drug use is suspected in addition to alcohol, a blood test would be necessary as it can detect both alcohol and drugs.
What is an express consent law?
Colorado’s express consent law means that by driving on Colorado roads, you’ve already given your consent to submit to a chemical test (blood or breath) if lawfully arrested for suspicion of DUI. Refusing this test can result in automatic suspension of your driver’s license.
What happens if I refuse an SFST?
In Colorado, you are entitled to refuse a Standard Field Sobriety Test (SFST). However, refusing these tests could be used against you in court as evidence of your impairment. Additionally, if you refuse an SFST and the officer has other grounds to suspect DUI, you could still be arrested and required to take a chemical test under Colorado’s express consent law.
What happens if I refuse a blood test?
Refusing a blood test in Colorado can result in consequences due to the state’s express consent law. If you refuse to take a blood test after being lawfully arrested for suspicion of DUI, your driver’s license will be automatically suspended.
How long do I have to stop my driver’s license from being revoked?
After a traffic stop arrest in Colorado, you have seven days to request a hearing with the Department of Motor Vehicles (DMV) to challenge the suspension of your driver’s license. If you fail to request this hearing within seven days, your license will be automatically suspended.
What is a probationary driver’s license?
A probationary driver’s license is a temporary, restricted license that may be issued to individuals who have had their regular license suspended or revoked due to driving-related offenses, such as DUIs or DWAIs. This type of license typically comes with certain limitations and conditions that must be adhered to by the driver. For example, it may only allow travel to and from work, school, or alcohol education classes.
What is the difference between a DWAI and a DUI in Colorado?
In Colorado, a DUI (Driving Under the Influence) charge applies when a driver’s blood alcohol content (BAC) is 0.08% or higher. A DWAI (Driving While Ability Impaired) charge applies when a driver’s BAC is more than 0.05% but less than 0.08%. A DWAI charge can also apply if the driver’s ability to operate a vehicle is impaired to the slightest degree by alcohol, drugs, or both, regardless of BAC level.
Can I be charged for a DUI for prescribed medication?
Yes, you can be charged with a DUI for driving under the influence of prescribed medication if it impairs your ability to drive safely. This includes prescription drugs, over-the-counter medications, and even medical marijuana.
For how long does a DUI conviction stay on your record?
In Colorado, a DUI conviction stays on your criminal record permanently. However, it remains on your driving record for ten years.
Can I be charged with a drug DUI even if I have a medical marijuana card?
Yes, even if you have a medical marijuana card, you can still be charged with a drug DUI if you drive while impaired by marijuana. It’s illegal to drive under the influence of any substance that impairs your ability to drive safely, including legal substances like prescription drugs and medical marijuana.
Is your driver’s license automatically suspended after a DUI in Colorado?
Yes, your license can be automatically suspended after an arrest in Colorado if you fail or refuse a chemical test. However, you have the right to challenge this suspension by requesting a hearing with the DMV within seven days of your arrest.
What to do after being arrested for a DUI?
After a DUI arrest, it’s crucial to remain calm and cooperate with law enforcement. Exercise your right to remain silent and politely decline to answer any questions until your attorney is present. Contact an experienced DUI attorney as soon as possible.
When should I contact a DUI lawyer?
You should contact a DUI lawyer as soon as possible after your arrest. The sooner you get a DUI defense attorney on your side, the better your chances of a favorable outcome. A lawyer can guide you through the legal process, protect your rights, and help you fight DUI charges.
Should I plead guilty to a DUI Charge?
Whether to plead guilty to a DUI charge is a decision that should be made in consultation with an attorney. In some cases involving felony DUI charges, pleading guilty may be the best option, especially if there’s strong evidence against you. However, in other cases, fighting the charges or negotiating a plea deal for lesser charges or reduced penalties may be possible.
Can I get my DUI expunged in Colorado Springs?
In Colorado, adult convictions cannot be expunged from your criminal record. This includes DUI convictions. However, under certain circumstances, you may be able to seal your criminal record, which makes it less accessible to the public.
Why was I arrested if my test was successful?
Even if you pass a breathalyzer or blood test with a BAC below the legal limit, you can still be arrested for DWAI if the officer believes your ability to drive was impaired to the slightest degree by alcohol or drugs.
Can I stop my driver’s license from being suspended in Colorado Springs?
You have the right to challenge the suspension of your license by requesting a hearing with the DMV within seven days of your DUI arrest. If successful at this hearing, you may be able to prevent your license revocation.
How can attorney Christian Schwaner help my DUI case?
With over 20 years of legal experience and a background as a former prosecutor, attorney Christian Schwaner has unique insights into the Colorado legal system. He can guide you through the complex legal process, protect your rights, and work towards the best possible DUI defense for your case.
Can I use recreational marijuana on DUI probation?
No, using recreational marijuana while on DUI probation is generally not allowed in Colorado. Violating this condition could result in additional penalties.
Can I use medical marijuana on DUI probation in Colorado Springs?
The use of medical marijuana while on DUI probation depends on the specific conditions of your probation. Some courts may allow it with proper documentation, while others may not. It’s crucial to discuss this with your attorney to understand the conditions of your probation.
What do I need to know about UAs?
A urinalysis (UA) test is often used in DUI cases where drug use is suspected. This test can detect the presence of drugs in your system but does not measure impairment levels. If you’re ordered to submit to UA testing as part of your probation, failing to do so or testing positive for drugs or alcohol could result in additional penalties.
What is a deferred sentence?
A deferred sentence is a type of plea deal where you plead guilty to the charges, but the conviction is not entered into your record immediately. Instead, you’re placed on probation for a certain period. If you complete the probation without any violations, the charges are dismissed and do not appear on your record.
Does deferred sentence count as a prior DUI in Colorado Springs?
In Colorado, a completed deferred sentence is not a prior offense for sentencing purposes. However, if you’re charged with another DUI during your deferred sentence period, the deferred sentence can be revoked, and the conviction is entered into your record.
What happens if I miss a court deadline?
Missing a court deadline can have serious consequences, including additional penalties and potentially even a warrant for your arrest. It’s crucial to keep track of all court dates and deadlines and contact your attorney immediately if you’ve missed a deadline.
Can I post bail for a DUI?
In most cases, you can post bail after a DUI arrest in Colorado. The amount of bail will depend on various factors, including the severity of the charges, your criminal history, and whether you’re considered a flight risk.
How does DUI probation work?
DUI probation is a court-ordered period of supervision that is typically imposed instead of jail time. It allows individuals convicted of a DUI to remain in the community under specific conditions set by the court. These conditions may include regular meetings with a probation officer, attending alcohol education or treatment programs, abstaining from alcohol and drugs, submitting to random drug and alcohol testing, and avoiding any new criminal offenses.
How to choose a good DUI attorney in Colorado Springs?
Choosing the right DUI attorney is crucial to the outcome of your case. Look for an attorney with extensive experience in DUI law, a strong track record of success, and good reviews from past clients. You should also choose an attorney who communicates clearly, listens to your concerns, and makes you comfortable.
What does it mean if my BAC was .15?
In Colorado, if your BAC was .15 or higher at the time of your arrest or within two hours after driving, you’re considered a high-risk driver. This means you’ll face more severe penalties, including mandatory ignition interlock for at least two years.
How many points is a DUI on my driver’s license in Colorado Springs?
In Colorado, being convicted of DUI leads to an addition of 12 points to one’s driving record. Adults over the age of 21 face license suspension if they accumulate 12 points within 12 months or 18 points over 24 months. For individuals under 18, license suspension occurs at lower thresholds: accumulating 6 points within 12 months or 7 points before turning 18 leads to suspension. Drivers aged 18 to 21 have their licenses suspended for collecting 9 points within 12 months, 12 points within 24 months, or 14 points at any time while in the age range of 18 to 21. The duration of suspension after a DUI offense varies, with a first-time offense typically resulting in a 9-month suspension.
Do I have to answer the question of how much I had to drink?
No, you have the right to remain silent and do not have to answer any questions about how much you had to drink. Anything you say can be used against you in court. It’s best to politely decline to answer any questions until your attorney is present.
What happens if I am charged with a DUI with my kid in the back seat?
Being charged with a DUI while your child is in the vehicle adds a layer of complexity and gravity to the situation. In Colorado, if you’re arrested for a DUI and there’s a minor present in the car, you may face additional child endangerment charges. This can lead to more severe penalties, including increased fines, longer jail time, and extended probation periods. Given the serious implications, it’s advisable to seek legal counsel immediately to navigate the additional legal challenges that come with a DUI charge involving a child passenger.