Colorado Springs DUI/DWAI Attorneys

Seeing blue and red lights flash in your rear-view mirror can quickly turn a fun night into a nightmare. No one wants to be pulled over while drinking and driving, but many Colorado Springs drivers find themselves in this exact position, wondering what to do next.

If you have been arrested and charged with drunk driving in Colorado Springs, Teller County, Fremont County, or the surrounding areas, it is imperative that you reach out to a talented attorney immediately for legal help. Failing to secure professional representation in your case could jeopardize your future and your future. Don’t face the charges without a skilled advocate; contact the legal team at Anderson & Carnahan, Attorneys at Law and let us begin mounting an aggressive defense on your behalf.

What is DUI/DWAI?

To prepare a solid defense it is imperative that you first understand the charges that you are facing. Under Colorado law, drivers who have been arrested for driving drunk will generally face one of two charges: driving under the influence (DUI) or driving while ability impaired (DWAI). While these two charges stem from similar situations, the associated penalties are not the same.

A DUI charge may be brought against a driver who is determined to have a blood alcohol content (BAC) of .08 or higher. In Colorado, drivers with a BAC at this level or above have committed DUI per se; this means that no additional evidence of impairment is necessary to demonstrate that the driver was intoxicated by the wheel. A DUI does not require a blood or breath test though, an officer can just offer their opinion that you were “substantially impaired” while driving, and the District Attorney can prosecute just based off their observations.

A DWAI charge, in contrast, may be filed against a driver who has a BAC of between .05 and .08 percent, and who is showing signs of impairment. This may include, for example, slurred speech, swerving between the lines, and an array of others that may hint at intoxication. The District Attorney does not have to prove that you were drunk for a DWAI, just that your ability to safely operate a motor vehicle was “impaired to the slightest degree” by drugs or alcohol; and it can be done just by an officer testifying they think you were impaired.

What Are the Penalties for these Criminal Charges?

Colorado law treats both DUI and DWAI charges aggressively, and those convicted of either charge will likely face severe penalties. To begin, both DUI and DWAI are treated as misdemeanors in the state; repeat offenders who have had three previous convictions will be faced with a felony, instead. While this may not seem grave to some, the maximum penalty for a class 4 felony involves six years in prison and a fine of up to $500,000; this certainly highlights the importance of contacting an attorney to fight these charges

Furthermore, the DMV can take your driver’s license even if you are not yet (or ever) convicted of a DUI. In some circumstances, you only have days to request a hearing with the DMV, and obtain a temporarily license before your ability to drive is taken away without a hearing, or a way to correct it. Even if you do request a hearing on losing your license, this is a tricky hearing to navigate, and you will have a police officer convincing the hearing officer for the DMV that you should lose your license. You need an attorney at this hearing to challenge the officer, and make sure that your driver’s license isn’t just taken by default. Drivers convicted of a DWAI in Colorado will have eight points added to their license, while those convicted of a DUI in will also need to forfeit their license entirely. To be clear, a first-time DUI leads to a nine-month license suspension, and this period only increases with further convictions.

Finally, those who have been convicted of DUI in Colorado will be required to complete alcohol classes as a condition of a plea bargain or a deferred sentence. These classes vary in length depending on the type ordered by the court, and may be a requirement for license reinstatement.

Ultimately, the penalties associated with either a DWAI or DUI are extremely serious, and can have far-reaching repercussions for those convicted. For example, those convicted of a DUI will have their license revoked, leaving them unable to drive to and from work, the grocery store, or other locations or events. Additionally, anyone convicted of a DUI will have a lasting criminal record, which may impair their ability to find work or housing. It is for these reasons, among others, that we encourage you to reach out to us today at Anderson & Carnahan, Attorneys at Law; our legal team is prepared to immediately begin working on your behalf.

How Can I Fight the Charges?

There are many ways to fight both DUI and DWAI charges in Colorado Springs. However, before you attempt to do so, it is imperative that you have a dedicated attorney on your side who can help you decide the best approach.

In some cases, a driver charged with DUI or DWAI may be able to successfully argue that the stop was illegal. To be clear, police officers in Colorado must have reasonable suspicion to stop a driver on the roadway; this may involve swerving or other erratic behaviors. If the driver can show that no legitimate reason existed for the stop, then the charges will be dropped.

In addition, a driver charged with DUI or DWAI in Colorado Springs may also attempt to argue that the Breathalyzer test was performed incorrectly by the police officer or that it led to false results. The State of Colorado has standardized the Intoxilyzer I-9000 as the standard breathalyzer for all law enforcement agencies to use. However, the State has secret deals with the manufacturer of the machine, and hides from the public how it actually works. The machines across the state have produced false positives due to software errors; and the state lab that certifies the machines has been embroiled in controversy for forging the names of inspectors working on the machines. If you took a Breathalyzer test in Colorado, you need an experienced attorney that is familiar with the ongoing litigation to prove that these machines are biased and unreliable fighting for you.

If you took a blood test, those too have a history of false positives. The District Attorney has to prove that the blood that was taken from you was actually the blood that was tested; and that the tests were performed properly. The State of Colorado has had to shut down two labs (Colorado Department of Health and Environment, and the Colorado Springs Metro Crime Lab) for misconduct relating to blood tests with DUIs- you need to ensure that your test was done properly!

Also, diversion programs may be available.

How Will a DUI Arrest Affect My Employment?

Potential employers may view an applicant with a DUI charge on their record in a negative light. Convictions of this kind can often be seen as indicative of a bigger problem, like alcoholism.

An employee with an alcohol addiction can be costly for an organization through high job injury rates, missed days of work, and unsatisfactory performance at work. An employer would have little reason to take a chance on a potentially problematic employee if there are other candidates from which to hire.

A DUI conviction can prevent an applicant from being hired, depending on which career an applicant is trying to enter. It is unlikely that jobs involving driving, particularly a cab or a truck, would hire an applicant with a DUI on their record.

School teachers are typically fired for having a DUI. It is rather unlikely that a school district would hire someone who already has a DUI conviction. Additionally, law enforcement officers may not be allowed to have a DUI in their background. A majority of medical professions do not employ individuals with previous DUI convictions.

Possibility of Termination or Not Being Considered for a Position due to a DUI

A DUI can cause serious employment problems as it appears on your criminal record, which is public. Most employers perform criminal background checks as a part of the hiring process and will obtain information on your DUI conviction, particularly if it was during the past ten years.

In Colorado, some employers will not even undertake a background check due to a DUI conviction. Many employment applications ask a candidate to provide details of any convictions in their background. If you have a DUI conviction and you put those three letters on your job application, it might be the end of the road for you.

A DUI conviction makes it possible for employers to legally fire you or refuse to consider your candidacy. This does not mean that every employer in Colorado will consider a DUI as a disqualifier, but many will.

Contact Our Skilled Legal Team Today for Professional Representation

There is no reason that you should face the legal system without a dedicated advocate by your side throughout each step of your case. A criminal case involves many complex factors, and should be handled by a legal professional with years of experience and a thorough knowledge of the laws within. At Anderson & Carnahan, Attorneys at Law, we have more than 50 years of combined experience in the field of criminal defense that we are eager to put to work for you to mount an aggressive defense to your charges.

If you were arrested for DUI or DWAI in Colorado Springs, don’t wait any longer to protect your future. Call us today at (719) 473-9099, and let us begin working on your behalf today.