Colorado Springs First DUI Lawyer

Let Our Firm Defend You Against Drunk Driving Charges

If you have been charged with a first-time DUI offense in Colorado, you may feel overwhelmed and uncertain about what to do next. A DUI conviction can have serious consequences, including fines, license suspension, and even jail time. However, you are not alone. 

At Aviso Law LLC, our experienced attorneys are here to defend your rights and help you navigate the legal process. As a trusted Colorado Springs first DUI attorney, we are committed to securing the best possible outcome for your case.

Call (719) 356-5552 or contact us online today to schedule an initial, free consultation with our first DUI lawyers.

What is Considered a DUI in Colorado

In Colorado, driving under the influence (DUI) is generally defined as operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. 

Under Colorado law, a person may face DUI or related charges if:

• They have a blood alcohol concentration (BAC) of 0.08% or higher (for drivers 21 and older).
• They are under the influence of alcohol to the extent that it impairs their ability to operate a vehicle safely.
• They are under the influence of drugs (including prescription medications and illegal substances) that impair their driving ability.
• They are a commercial driver with a BAC of 0.04% or higher.
• They are under 21 years old and have consumed any measurable amount of alcohol.

A DUI arrest does not automatically mean a conviction. A skilled DUI attorney can evaluate the circumstances of your case and fight the charges against you.

We can walk you through what to expect in local proceedings, from your initial appearance at the El Paso County Combined Courts through any hearings, and explain how deadlines imposed by the Colorado Division of Motor Vehicles interact with your criminal case.

First DUI Penalties in Colorado

A first-time DUI conviction in Colorado carries significant penalties. The consequences vary based on the specifics of your case, including your BAC level, whether an accident occurred, and any aggravating factors. Potential penalties include:

Criminal Penalties

• Jail Time: A first DUI carries a potential sentence of 5 days to 1 year. While many first-time offenders can avoid jail through a plea agreement, a BAC of 0.20% or higher triggers a mandatory minimum jail sentence of 10 days.
• Fines: Expect to pay between $600 and $1,000, not including administrative fees and court costs.
• Probation: Most defendants are placed on supervised probation for up to 2 years.
• Community Service: You will likely be ordered to perform 48 to 96 hours of useful public service.
• DUI School: Offenders are typically required to complete a DUI education program, with the length and intensity influenced by BAC levels and case details.

Administrative Penalties

• License Revocation: A first DUI conviction results in an automatic 9-month revocation of your driving privileges.
• Ignition Interlock Device (IID): To regain driving privileges early, you must install a breathalyzer in your car, often for 8 months to 2 years (if labeled a PDD).
• Insurance (SR-22): You will be required to maintain SR-22 insurance, which typically causes premiums to skyrocket for several years.
• Professional Impact: For teachers, healthcare workers, or those with security clearances at local military installations like Fort Carson or Peterson SFB, a DUI can trigger disciplinary actions or the loss of a job.

A DUI conviction can also lead to increased insurance rates, employment difficulties, and other long-term consequences. Seeking legal representation can help minimize or even avoid these penalties. By helping you understand the realistic range of outcomes for a first offense, we aim to reduce uncertainty and put you in a stronger position to move forward.

Common Legal Defenses to First DUI Charges

Just because you have been charged with a DUI does not mean you are guilty. There are several legal defenses that an experienced Colorado Springs First DUI lawyer can use to challenge the charges against you, including:

• Inaccurate Breathalyzer or Blood Test Results: Breathalyzer and blood tests are not infallible. Errors in calibration, improper administration, or contaminated samples can lead to inaccurate BAC readings.
• Lack of Probable Cause for Traffic Stop: Law enforcement must have a valid reason to stop your vehicle. If the stop was unlawful, any evidence gathered during the stop may be inadmissible in court.
• Field Sobriety Test Errors: Field sobriety tests are subjective and prone to errors. Factors such as medical conditions, uneven road surfaces, and poor lighting can affect test performance.
• Rising Blood Alcohol Defense: Alcohol takes time to absorb into your bloodstream. If you consumed alcohol shortly before driving, your BAC could have been below the legal limit while driving but increased by the time of testing.
• Medical Conditions or Prescription Medications: Certain medical conditions, such as diabetes or acid reflux, can cause breathalyzer results to register falsely high BAC levels.

When you are facing a first-time DUI, it is also important to look at how your case will be treated in the local courts and by local law enforcement. We regularly evaluate police reports, dash cam or body cam footage, and breath or blood testing records to identify weaknesses that may not be obvious at first glance. 

By carefully reviewing what happened at the traffic stop, during transport, and at the station, we can often identify issues that may support a motion to suppress evidence or a more favorable negotiation.

The Colorado Springs DUI Process: A Critical Timeline

When you are arrested for DUI in El Paso County, you are facing two separate clocks. Missing a deadline in either can result in a total loss of your driving rights.

• The 7-Day DMV Deadline: If you took a breath test or refused a test, you have only 7 calendar days to request an Express Consent hearing at the DMV. This is your only chance to fight the administrative suspension of your license.
• The Arraignment: This is your first appearance in the El Paso County Courthouse. As your Colorado Springs first DUI lawyer, we enter a "Not Guilty" plea to ensure we have the time to review the evidence.
• Discovery and Motions: We obtain the police reports and body-cam footage. If your rights were violated—such as a failure to read Miranda rights or an illegal search—we file motions to suppress the evidence.
• Pre-Trial Conference: This is an opportunity to negotiate with the prosecutor. Our proven track record often allows us to negotiate for a "Deferred Sentence" or a reduction to a DWAI, which can protect your long-term record.
• Trial: If a fair resolution isn't possible, we take the case to a jury. We use our elite military and trial experience to challenge the officer's testimony and the validity of the chemical tests.

How Aviso Law LLC Can Help in Colorado Springs

At Aviso Law LLC, we understand the complexities of DUI cases and are dedicated to protecting our clients’ rights. When you work with our firm, we will:

• Thoroughly investigate your case to uncover any procedural errors or constitutional violations.
• Challenge the validity of the prosecution’s evidence, including breathalyzer and field sobriety test results.
• Negotiate with prosecutors to seek a reduction of charges or dismissal whenever possible.
• Represent you in court and advocate for your best interests.
• Assist with DMV hearings to help you retain your driving privileges.

Because our firm handles a wide range of criminal and military-related matters, we are mindful of how a first DUI can affect security clearances, careers on local military installations, and family responsibilities. 

If you are in the Colorado Springs area and looking for a first offense DUI attorney in Colorado Springs who understands both the legal process and the real-world impact of a conviction, we can discuss strategies that take your full situation into account, not just the immediate criminal charges.

Contact us today at (719) 356-5552 to let us get started on your defense.