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Colorado Springs DUI Lawyer

Have you been arrested or do you have an Emergency?

Colorado Springs DUI Lawyer

In most states in the U.S., being caught driving with a blood alcohol content (BAC) of .08 will get you a DUI charge (Driving Under the Influence), which is a very serious traffic violation. Colorado has an additional charge, DWAI, Driving While Ability Impaired, which can apply at lower BAC levels if it can be shown that your ability to drive was affected to any degree whatsoever by alcohol, drugs, or a combination of both, the BAC for DWAI is between .051 and .079, much lower than a DUI. If you're faced with such a predicament, you need a successful DWAI and DUI attorney.

DWAI or DUI: Which Is It?

If you are pulled over and asked to blow into a Breathalyzer or take a blood or urine test, the result will determine if you can be charged for either type of impaired driving. If you blow above .08 BAC, you can be charged with DUI. Between .05 and .08 can get you a DWAI charge. This means that you can be charged with a criminal offense for driving home after virtually any social drinking.

Penalties For DUI and DWAI In Colorado

Penalties for both DUI and DWAI are severe, potentially including stiff fines, community service, suspension of your license, and jail time, even for a first offense. Penalties become more severe for subsequent offenses.

Potential DUI & DWAI Penalties


DUI First Offense

  • Up to $1,000 in fines
  • Between 5 and 365 days in jail
  • As much as 96 hours of community service
  • Twelve points on your license
  • A nine-month to a one-year suspension of your license
  • Substance abuse treatment program
  • 10 days in jail or work release mandatory if the BAC is above .200

DWAI First Offense 

  • Fines up to $500
  • From 2 to 180 days in jail
  • Up to 48 hours of community service
  • Eight points on your license
  • 10 days in jail or work release mandatory if the BAC is above .200

Second & Third Offenses

  • In Colorado, a second offense DUI or DWAI requires a mandatory minimum of 10 days in jail/work release, while a third offense requires a mandatory minimum of 60 days jail/work release, no good time on the mandatory minimum portion of the sentence
  • All of the requirements of a first offense, with additional alcohol therapy.
  • Supervised probation.
  • Increased fines.
  • Additional consequences against your driver's license.

Do You Need A DUI or DWAI Lawyer?

Because of the severity of the penalties for drinking and driving in Colorado, you should always consult an experienced DUI attorney. You want to avoid jail time and you need to be able to drive to work if you are to continue earning a living. An experienced and knowledgeable Colorado DUI/DWAI attorney in your area can raise many defenses to these charges, and while there is never a guarantee that you'll get off completely unscathed, the right DUI lawyer can protect your constitutional rights, work to minimize the negative consequences, and sometimes even get the charges dropped.

Your lawyer can require the prosecutor to show that the arrest was proper and that you were informed of your rights. The prosecution must also be able to show that the testing equipment was functioning properly and that the officer was trained and certified to operate it. These are just a few examples of areas where a good lawyer can sometimes have your charges dismissed.

What Do I Do if I’m Arrested for DUI or a Drug Crime

Call us as soon as you can. There are many factors in how you respond in this situation that can affect your outcome. Refusing to take a chemical test, or admitting guilt can cause problems for your case. If you submit to a blood test - you don't have to do anything within the first 7 days of your case - if you refuse, or did a breath test the officer will give you a Notice of Express Consent immediately. You then have seven days from the date you were arrested to go to DMV and request a hearing. Failure to do so means the revocation of your license will go into effect on the 8th day. Calling us is your best bet for a favorable outcome.

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