Last Updated – November 11, 2026 Read Time – Est:Are you looking for a DUI lawyer in Falcon, CO?
At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we offer trusted DUI counsel for individuals and families throughout Falcon.
If you have been arrested for DUI or DWAI in Falcon, the arrest opens two separate proceedings: a criminal case in El Paso County Court and an administrative action against your driver’s license. Our Falcon, CO DUI lawyer can contest both, from the legal basis for the traffic stop to the reliability of the breath or blood test.
Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer defends impaired-driving charges throughout eastern El Paso County, through trial when necessary. Christian Schwaner has practiced law in Colorado since 1997. Schedule a free consultation to review the charge and your options.
DUI Lawyer Falcon, CO
A DUI lawyer defends people charged with driving under the influence of alcohol or drugs, as well as the lesser offense of driving while ability impaired (DWAI). The work includes examining the reason for the stop, the administration of roadside and chemical tests, and the conduct of the arrest. It also includes negotiating with prosecutors, trying cases to a jury, and representing the driver at the license hearing, which proceeds on its own schedule.
CDOT reported 29 impaired-driving fatalities in El Paso County in 2025, the highest count of any Colorado county. Falcon is unincorporated, so impaired-driving arrests here are generally made by sheriff’s deputies or state troopers, and the charges are filed in the county’s state courts.
Types of DUI Cases We Handle in Falcon
Colorado classifies impaired-driving offenses by the substance involved, the test result, and the driver’s prior record. As a DUI attorney in Falcon, our firm builds every defense around the specific charge listed on the complaint.
- First-offense DUI. Many first charges are resolved without a trial, yet the terms of any resolution remain part of a driver’s record for years. We review the stop, the arrest, and the testing before evaluating any offer, and we explain how a conviction may affect your employment.
- DWAI. This lesser offense applies when alcohol or drugs affect a driver to the slightest degree. A DWAI conviction still counts as a prior offense in any later case. We challenge the evidence of impairment in every DWAI case.
- Drugged driving (DUID). Charges involving marijuana, prescription medication, or controlled substances rely on blood testing and officer observations. The science linking a blood concentration to actual impairment is far less settled for drugs than for alcohol, and that gap is frequently central to the defense.
- High-BAC and per se charges. When a test result meets or exceeds the legal limit, prosecutors may file a per se DUI that does not require proof of visible impairment. Our review covers instrument maintenance records, operator certification, and the time that passed between driving and testing.
- Chemical test refusals. A driver who refuses a breath test or a blood draw faces license revocation, and the prosecution may present the refusal at trial. These cases frequently depend on whether the officer gave a proper advisement.
- Repeat and felony DUI. Prior convictions raise the penalties, and repeated offenses can lead to felony DUI charges. We verify that each alleged prior conviction qualifies, because an invalid prior can change the classification of the current case.
- Underage DUI. Drivers below the legal drinking age are subject to Colorado’s zero tolerance law, which imposes license consequences at alcohol levels well below the adult limit. A separate DUI or DWAI charge may also be filed when the evidence supports one.
- Military criminal defense. Service members assigned to Schriever Space Force Base and other installations near Falcon may face a civilian prosecution and command action for the same arrest. We defend the civilian case with attention to the career consequences a conviction can carry.
- License revocations and DMV hearings. The Colorado Division of Motor Vehicles may revoke driving privileges regardless of how the criminal case ends. We request and contest the express consent hearing and advise clients on ignition interlock requirements when reinstatement becomes available.
Why Choose Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer as My DUI Lawyer in Falcon?
Our practice is devoted to criminal and traffic defense, and impaired-driving cases make up a central part of that work.
Training Dedicated to DUI Defense
Our founder, Christian Schwaner, earned his law degree from the University of Denver and was admitted to the Colorado bar in 1997. Mr. Schwaner belongs to the National College for DUI Defense (NCDD), an organization focused on the defense of impaired-driving cases. His other memberships include the Colorado Criminal Defense Bar, since 2004, and the Colorado Bar Association, since 1997. Earlier in his career, Mr. Schwaner served as a Deputy District Attorney in El Paso and Teller Counties, and that background informs the work of our criminal defense lawyer in Falcon, CO.
A Record in Difficult DUI Cases
Mr. Schwaner’s record in DUI defense includes:
- Thousands of criminal and DUI matters handled since 1997
- Favorable outcomes for DUI clients who had been told by other attorneys that little could be done
- Recognition as Best DUI Attorney in Colorado Springs by Expertise in 2020
Every client receives a realistic assessment of the evidence, never a promise that the facts cannot support.
What Is Important To Understand About DUI Cases?
Charges, Penalties, and Defense Strategies for DUI Cases
Colorado separates impaired driving into several offenses, and a DUI attorney in Falcon, CO must first identify which one the prosecution has charged. The available penalties increase with each prior conviction.
- DUI: Operating a vehicle while alcohol, drugs, or both leave the driver substantially incapable of exercising clear judgment or safe control.
- DWAI: Operating a vehicle while impaired to the slightest degree.
- Per se DUI: A chemical test result at or above the legal limit within a set period after driving, regardless of how the vehicle was driven.
- Penalties: Jail, fines, probation, community service, alcohol education or treatment, and license revocation, with mandatory jail for many repeat offenses.
- Defense strategies: Challenging the basis for the stop, the administration of the test, the calibration of the instrument, and medical conditions that can produce a false reading.
What Are Important Aspects of a DUI Case?
Two matters require attention immediately after an arrest.
The first is the license. A DUI arrest usually produces a notice of revocation, and the window to request an express consent hearing is measured in days, not weeks. When no hearing is requested, the revocation takes effect automatically. The hearing also allows the defense to question the arresting officer under oath, often months before any criminal trial.
The second is the evidence. Body-worn camera footage, dash camera video, dispatch recordings, and breath-instrument data may be retained only for limited periods. Our Falcon DUI attorney requests these records at the outset of representation. Aggravating facts, such as a crash causing injury or a child in the vehicle, can raise the stakes substantially.
What Is the DUI Case Timeline?
Misdemeanor DUI cases in El Paso County generally follow the same case timeline, although the pace depends on the court’s docket and the complexity of the evidence.
- Release on bond with a written date for the first court appearance.
- A request for the express consent hearing, which must be submitted within days of the arrest.
- Arraignment, followed by the exchange of evidence between the prosecution and the defense.
- Pretrial motions, including motions to suppress unlawfully obtained evidence, and negotiations with the prosecutor.
- Resolution by dismissal, plea agreement, or trial.
Felony DUI cases proceed in district court and may include a preliminary hearing before trial.
What Should You Bring to Your DUI Consultation?
Paperwork from the arrest allows our DUI lawyer in Falcon to confirm deadlines and evaluate the case during the first meeting.
- The summons, citation, or complaint
- The Express Consent Affidavit and Notice of Revocation, along with any temporary permit
- Bond paperwork and conditions of release
- Test results or correspondence from the Division of Motor Vehicles
- A list of prior traffic or criminal cases, including any from other states
The consultation is free and takes place before you decide whether to retain our firm. It covers the charge, the license deadline, the likely course of the case, and the terms of representation.
Falcon Courthouses and Local Criminal Justice Resources
Falcon has no municipal court. State impaired-driving charges arising in the community are heard at the El Paso County Judicial Building in Colorado Springs.
- El Paso County Combined Court: 270 S. Tejon St., Colorado Springs, CO 80903. The El Paso County Court hears misdemeanor DUI and DWAI cases, and the District Court hears felony DUI cases.
- El Paso County DUI Court: A supervised probation program in the 4th Judicial District for high-risk repeat offenders. Judges and attorneys may refer eligible cases for screening.
- Colorado State Patrol, Troop 2B: 1480 Quail Lake Loop, Colorado Springs, CO 80906; (719) 635-0385. The troop is part of CSP District Two, which patrols highways across El Paso County.
- Colorado Department of Revenue Hearings Division: Conducts the administrative license hearings that follow an arrest under Colorado’s express consent procedures.
These resources are provided for informational purposes only. Their inclusion does not constitute an endorsement, and none of these agencies is affiliated with our firm.
Reach Out to Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer to Schedule a Consultation
An impaired-driving arrest in Falcon begins a court case and a license case, each with its own deadlines. Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer offers a free consultation to review both. Our Falcon DUI lawyer can explain the defenses that apply and outline the next steps. Requests submitted through our website receive a prompt response. Contact us to arrange a consultation.