DUI Defense

Strong Defense Against DUI and Marijuana DUI Charges in Colorado Springs

In Colorado Springs, facing a DUI or marijuana DUI charge can significantly impact your future. Colorado’s laws are strict, leading to consequences like license suspension, possible jail time, and hefty fines. If you’re charged with a DUI or marijuana DUI, turn to the Law Offices of Clifton Black, PC. Our dedicated DUI attorney team provides strong defense, making sure you’re well-informed and positioned for the most favorable outcome.

DUI Laws in Colorado Springs: Know the Basics

If you’re a driver in Colorado Springs, it’s crucial to be well-informed about DUI laws and their intricacies. Here’s a brief overview:

Legal Stop for Suspicion of DUI

An officer needs a valid reason to pull over a driver for a suspected DUI. Common triggers include erratic driving patterns or observing someone leave a bar and get into their car.

Understanding DUI Thresholds

  • Blood-Alcohol Content (BAC): In Colorado, a BAC of 0.08 percent or above means the driver is legally “under the influence.” This standard is common across many states.
  • Marijuana Impairment: The threshold for marijuana impairment is five nanograms or more of THC per milliliter of blood. Given marijuana’s legal complexities, this measure is vital.
  • General Impairment: Regardless of specific BAC or THC levels, if a driver is deemed unfit to drive safely due to any substance, they can be charged with DUI.

DUI vs. DWAI

Colorado Springs differentiates between DUI and DWAI (Driving While Ability Impaired). You can face DWAI charges even if your BAC or THC doesn’t exceed the legal limits, emphasizing the need for a knowledgeable DUI attorney in Colorado Springs.

Colorado’s Drunk Driving Laws Explained Further

  • Prohibited Acts: It’s illegal to drive under the influence of alcohol or drugs, or if these substances impair one’s ability to drive. This covers DUI and DWAI offenses. 
  • Underage Drinking: Drivers under 21 with a breath alcohol content between 0.02 and 0.05 can be charged with underage drinking and driving (UDD).
  • Testing: Blood and breath tests are standard in DUI enforcement. If a driver’s BAC is between 0.05 and 0.08, it implies impairment. A BAC of 0.08 or above is considered a DUI. Also, having five nanograms or more of delta-9 THC in the blood implies drug impairment.
  • Refusal and Consequences: Drivers are expected to comply with blood, breath, saliva, or urine tests when suspected of DUI or DWAI. Refusing can lead to court evidence and a driver’s license revocation.
  • Penalties: Colorado enforces both criminal and administrative penalties for drunk driving. Courts handle criminal penalties, while the Colorado Department of Revenue deals with administrative consequences like license suspension and point assessments against the driver’s license.

It’s possible to reduce criminal penalties through plea bargains or undergoing treatment but administrative penalties remain. Those whose licenses have been revoked can sometimes apply for early reinstatement with restricted privileges.

Penalties for First-Time DUI Offenders in Colorado

If you find yourself facing your first DUI charge in Colorado, it’s essential to understand the penalties you might encounter. Here’s a brief breakdown:

  • DUI Offenses:
    • Severity: A first-time DUI in Colorado is categorized as a misdemeanor.
    • Jail Time: Offenders could face a jail sentence ranging from 5 days up to 1 year.
    • Fines: The financial penalty can be as high as $1,000.
    • Probation: A period of 2 years.
    • License Revocation: Your driving license may be revoked for nine months.
    • Community Service: Offenders might need to perform up to 96 hours of community service.
    • Education: Alcohol education classes are mandatory, typically Level 1 for 12 hours.

It’s worth noting that even if you believe you were driving without impairment, a Blood Alcohol Concentration (BAC) of 0.08% or higher carries the same penalties as a standard DUI. Subsequent DUI convictions have increasingly severe consequences.

  • DWAI Offenses:
    • Jail Time: A duration ranging from 2 days to 180 days.
    • Fines: Fines can reach up to $500.
    • License Points: 8 points will be recorded against your license.
    • Community Service: You might need to perform up to 48 hours of community service.
  • High BAC Offenses: Driving with a BAC of 0.15% or higher classifies you as a “persistent drunk driver,” bringing with it additional penalties:
    • Education & Treatment: Mandatory Level II alcohol education classes, which includes 24 hours of education and an additional 26 two-hour treatment sessions.
    • Vehicle Modification: Installation of an ignition interlock device (IID) in your vehicle is mandatory.

Given the complexity and severity of DUI laws in Colorado, it’s crucial to consult with a seasoned DUI attorney to navigate the laws effectively and ensure your rights are protected.

DUI Defense Strategies in Colorado

Facing a DUI charge in Colorado can be daunting. However, there are several defense strategies that experienced attorneys use to challenge the validity of the charge or the evidence presented. Here are some commonly employed defense tactics:

  1. Improper Stop: Arguing that the initial traffic stop was unjustified or lacked probable cause.
  2. Faulty Breathalyzer Results: Challenging the accuracy of the breathalyzer test due to machine malfunctions or improper calibration.
  3. Inadequate Field Sobriety Test: Pointing out errors in the administration or interpretation of field sobriety tests.
  4. Medical Reasons: Introducing evidence that the defendant’s physical condition, medication, or medical issues could have skewed the test results.
  5. Expert Testimonies: Calling upon toxicologists or other experts to challenge the validity of test results or the procedures followed. 

Why Choose Clifton Black, PC for DUI Defense?

  • Expertise: Our seasoned attorneys craft tailored DUI defenses, drawing from years of diverse case experience.
  • Client-First Commitment: You’re our priority. Stay informed, supported, and empowered throughout your legal journey.
  • Solid Defense: Whether facing alcohol or marijuana DUI charges, our defense stands unmatched.

Choosing Clifton Black, PC means more than hiring an attorney. It means securing a devoted ally who is dedicated to safeguarding your rights and future.

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If you've been charged with a DUI or marijuana DUI offense in Colorado Springs or Denver, reach out to the Law Offices of Clifton Black, PC immediately.

With our proven track record in defending DUI offenses, we meticulously assess each case’s details to present the best defense.

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