Pueblo DUI Lawyer

Are you looking for a DUI lawyer in Pueblo, CO?

At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we have a DUI practice built on more than 20 years of trial work.

If you have been charged with driving while under the influence in Pueblo, you face two proceedings: a criminal case in court and a license revocation case with the Colorado Division of Motor Vehicles. Typically, you have seven days to request a DMV hearing, and the revocation takes effect automatically if you do not.

Christian A. Schwaner has handled thousands of criminal and DUI matters over more than 20 years. Our Pueblo, CO DUI lawyer represents clients in the court case and the DMV hearing, because evidence in one often affects the other. Contact our office to schedule a free consultation.

DUI Lawyer Pueblo, CO

A DUI attorney in Pueblo represents people charged with driving while impaired by alcohol, drugs, or a combination of both. Colorado treats a blood alcohol concentration of 0.08 or higher as a DUI and recognizes a lesser offense, driving while ability impaired (DWAI), which generally applies at 0.05, according to CDOT impaired driving guidance. The same laws apply to marijuana and prescription medication.

Pueblo County Court received 359 DUI and DWAI filings in fiscal year 2023, according to the 10th Judicial District summary. That figure reflects county court cases only. Felony DUI cases are filed separately in district court.

Types of DUI Cases We Handle in Pueblo

Colorado recognizes several types of impaired-driving charges, and each one calls for a different defense approach. Our Pueblo DUI attorney represents clients in alcohol and drug-related driving cases throughout Pueblo County, from first offenses to felony charges.

• First-offense DUI. A first DUI charge can still result in jail time, a license revocation, and a permanent criminal record. We examine the basis for the traffic stop, the roadside investigation, and the chemical test results to identify grounds for a reduced charge or a dismissal.
• DWAI. A DWAI charge applies when alcohol or drugs impaired a driver to the slightest degree, often with a test result between 0.05 and 0.08. Although DWAI is a lesser offense, it carries possible jail time and counts as a prior offense in any future case.
• DUI per se. A per se charge is based on the test result alone rather than on the officer’s observations of the driver. We review the breath instrument’s maintenance records, the required observation period before the test, and the handling of any blood sample.
• Drug-impaired driving. Marijuana, prescription medication, and other substances can support a DUI charge, even when the driver has a valid prescription. These cases often depend on when the blood sample was drawn and how the officer evaluated signs of impairment.
• Repeat DUI offenses. Colorado counts prior impaired-driving convictions regardless of how long ago they occurred, and a second or third offense carries mandatory jail time. We evaluate both the current arrest and the evidence the prosecution uses to prove the prior convictions.
• Felony DUI. A new DUI charge can become a felony when the driver has multiple prior convictions. Because a felony conviction can lead to a prison sentence, we prepare these cases for trial from the outset.
• Chemical test refusal. Refusing a breath or blood test after an arrest results in a separate license revocation, and the prosecution may use the refusal as evidence at trial. We examine whether the officer gave the required advice and whether a refusal actually occurred.
• Underage DUI. Drivers under 21 face penalties at alcohol levels well below the adult limit. We work to protect the driver’s license and to limit the long-term effect on the driver’s record.

Why Choose Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer as My DUI Lawyer in Pueblo?

Prosecutorial Experience in Pueblo and Southern Colorado

Christian A. Schwaner began his career as a Deputy District Attorney in El Paso and Teller Counties and later served as a special prosecutor in Pueblo and Cañon City. In those roles, he learned how DUI cases are built, which evidence prosecutors rely on, and where their cases are most vulnerable. That perspective is what clients need from a criminal defense lawyer in Pueblo, CO, because it allows our firm to anticipate the prosecution’s strategy.

He gives each client a realistic assessment of the evidence rather than a promise of a particular result. Some cases are best resolved through negotiation. Others should proceed to trial.

Our founder earned his J.D. from the University of Denver in 1997, the same year he was admitted to practice in Colorado. He is a member of the National College for DUI Defense (NCDD), a member of the Colorado Criminal Defense Bar since 2004, and a member of the Colorado Bar Association since 1997.

Trial Experience and DUI Results

Thorough trial preparation strengthens a defense at every stage, including plea negotiations, and it is an important consideration when you choose a DUI attorney in Pueblo. Our founder’s record includes:

• More than 20 years of practice and thousands of criminal and DUI matters handled
• 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 case depends on its own facts, and past results do not guarantee a future outcome. Consultations are free and confidential.

What Is Important To Understand About DUI Cases?

Charges, Penalties, and Defense Strategies for DUI Cases

A DUI prosecution depends on several distinct types of evidence. A DUI lawyer in Pueblo evaluates each one for weaknesses.

• Criminal charges. DUI, DUI per se, DWAI, and drug-impaired driving are generally misdemeanors. A DUI after multiple prior convictions can be charged as a felony.
• Court penalties. A conviction can result in jail time, fines, probation, community service, and alcohol education, and the penalties increase with each prior offense.
• License consequences. The DMV can revoke a license independently of the court case, and reinstatement often requires an ignition interlock device for a set period.
• Challenges to the stop and testing. An officer must have a lawful basis for a traffic stop, and field sobriety tests are often administered at night, on uneven pavement, or without accounting for medical conditions.
• Procedural defenses. Missed disclaimers, paperwork errors, and improper testing procedures are among the problems that can get a DUI case dismissed.

What Are Important Aspects of a DUI Case?

Three issues arise in nearly every case our Pueblo, CO DUI attorney handles.

The first is the DMV deadline. A driver who took a breath test or refused testing has seven days to request a hearing, according to the Colorado Department of Revenue. If no hearing is requested, the revocation takes effect when that period ends. The DMV hearing is a separate proceeding with its own standard of proof.

The second is prior history. Colorado has no lookback period for impaired-driving convictions, so an earlier offense can increase the penalties in a new case regardless of its age.

The third is the substance involved. Prosecutors build marijuana and alcohol DUIs on different types of test evidence, and the timing of a blood draw can be as important as the result.

What Is the DUI Case Timeline?

The criminal case and the DMV case proceed on separate schedules.

1. Arrest and notice. The officer issues a summons and, if the driver failed a breath test or refused a breathalyzer test, a notice of revocation that begins the seven-day period to request a DMV hearing.
2. First appearance. The criminal case begins with an arraignment in county court, or in district court for a felony charge.
3. Discovery and motions. We obtain reports, video, and testing records and file motions to suppress evidence where appropriate.
4. DMV hearing. A hearing officer decides the license issue, typically several weeks after the hearing request.
5. Resolution. The case concludes with a dismissal, a negotiated plea, or a trial verdict, and the possible DUI case outcomes depend on the evidence.

What Should You Bring to Your DUI Consultation?

The paperwork provided at the time of release identifies the charges, the test results, and the DMV deadline. A Pueblo DUI lawyer uses these documents to evaluate both proceedings.

• The summons, complaint, or bond paperwork
• The Express Consent Affidavit and Notice of Revocation, along with any temporary permit
• A written timeline of events, including what you ate and drank and when
• A list of medications and medical conditions that could affect test results
• Details of any prior traffic or criminal cases

The consultation is free. We will review your documents, explain the strengths and weaknesses of the case, and outline the next steps in both proceedings.

Pueblo Courthouses and Local Criminal Justice Resources

DUI cases in Pueblo, CO are handled by the following local offices.

• Pueblo Combined Court: Dennis Maes Pueblo Judicial Building, 501 N. Elizabeth Street, Pueblo, CO 81003, (719) 404-8700.
• Pueblo Municipal Court: 200 South Main Street, Pueblo, CO 81003, (719) 562-3810.
• 10th Judicial District Attorney: 701 Court Street, Pueblo, CO 81003, (719) 583-6030.

Our firm is not affiliated with these offices, and this list does not constitute an endorsement. Contact each office to confirm its hours.

Reach Out to Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer to Schedule a Consultation

In most cases, the deadline to request a DMV hearing is seven days, so it is important to seek legal advice promptly. The consultation is free, and we will review the evidence with you and explain your options in clear terms. Our office is open Monday through Friday. Contact us to schedule your consultation.