"DUI in Colorado Springs" - A Game Plan for Beating It

Q: When is driving under the influence a crime in Colorado Springs?

You face DUI charges for driving while under the influence of either alcohol or controlled substances (drugs). In short, it is illegal to drive drunk or high. You face DUI per se charges if your blood alcohol content (BAC) is 0.08% or higher. It does not matter if you are being safe and do not seem impaired. Having a BAC of at least 0.08% always makes operating a motor vehicle per se illegal.

Q: Can I keep my license?

DUIs and UDDs always trigger a license suspension by the Colorado Springs DMV. The only way to avoid a license revocation is by winning both the criminal case as well as the DMV hearing (also called an express consent hearing). Though it may be possible to get an early reinstatement of driving privileges immediately if you drive with an ignition interlock device for nine months (or 24 months if your BAC was .15% or higher).

Q: How can I fight the charges?

There are many potential ways criminal defense attorneys fight back against DUI charges in Colorado Springs, depending on the facts of the case and available evidence. Five potential defenses include: 1) The police officer did not have reasonable suspicion to make the traffic stop. 2) The police officer gave improper instructions for the field sobriety tests. 3) You suffered from a medical condition that caused you to fail the field sobriety tests. 4)The law enforcement officer did not have probable cause to place you under arrest. 5) The breathalyzer was defective, or the police officer did not administer the test correctly.

Q: Is DUI of marijuana illegal, too?

Yes. DUI of marijuana is punished the same as drunk driving in Colorado Springs. It does not matter that recreational marijuana is legal. Note that if you are suspected of drugged driving, you are required to take a blood test following your arrest. You cannot take a breath test instead because breath tests do not measure drug levels.

Q: Can I get my criminal record sealed?

DWAI and DUI convictions can never be sealed in Colorado Springs. Though UDD convictions may be expunged after you turn 21 years old. Criminal charges that get dismissed may be sealed right away unless the dismissal was granted through a deferred judgment.

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Driving under the influence in Colorado Springs is a misdemeanor in most cases. A first offense carries

5 days to 1 year in jail,
$600 to $1,000 in fines,
48 to 96 hours of public service,
possibly DUI classes, and
a 9-month license suspension.

Though there are several legal defenses that could get the criminal charges reduced or dismissed.

In this article, our Colorado Springs DUI defense attorneys discuss:

1. When is “driving under the influence” a crime in Colorado Springs?

Colorado Springs has several different crimes for driving under the influence of alcohol or drugs depending on your age, level of intoxication, and whether someone got hurt:

1.1. DUI / DUI per se

You face DUI charges for driving while under the influence of either alcohol or controlled substances (drugs). In short, it is illegal to drive drunk or high.

You face DUI per se charges if your blood alcohol content (BAC) is 0.08% or higher. It does not matter if you are being safe and do not seem impaired. Having a BAC of at least 0.08% always makes operating a motor vehicle per se illegal.¹

1.2. DWAI

Short for driving while ability impaired, DWAI is driving with a BAC of greater than 0.05% but less than 0.08%. DWAI cases are less serious than DUI cases since you have a lower intoxication level.²

1.3. UDD

UDD – short for underage drinking and driving – occurs when a person under 21 years old drives with a BAC of 0.02% to 0.05%. Called “baby DUI”, UDD reflects Colorado’s “zero tolerance” policy for underage drinking.³

1.4. DUI causing injury or death

The crime of vehicular assault (CRS 18-3-205) is drunk or drugged driving that results in a physical injury, such as broken bones, burns, paralysis, or disfigurement.⁴ The crime of vehicular homicide (CRS 18-3-106) is drunk or drugged driving that results in a fatality.⁵

Upset male driver is caught driving under alcohol influence withi police light in back of him

Colorado Springs punishes DUI the same as other cities throughout the state.

2. What are the DUI penalties in Colorado Springs?

The punishment for drunk or drugged driving turns on the specific offense and whether you have prior convictions.

2.1. DUI / DUI per se

Driving under the influence offense	Penalties in Colorado Springs
First-time DUI or DUI per se	Misdemeanor: 5 days – 1 year in jail; $600 – $1,000; 48 – 96 hours of public service; 9-month license suspension; 12 DMV points; Possibly alcohol education classes; and Up to 2 year of probation Courts can waive jail in exchange for a one-year alcohol evaluation course. If you have a blood alcohol concentration (BAC) of 0.20% or higher, you will be designated as a persistent drunk driver (PDD) and sentenced as a repeat-DUI offender.
Second-time DUI or DUI per se	Misdemeanor: 10 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; 1-year license revocation; Ignition interlock device (IID) for 2 – 5 years; 12 DMV points; Possibly alcohol education classes; and PPD designation, requiring a level II alcohol education and treatment program plus at least 2 years of SR-22 insurance
Third-time DUI or DUI per se	Misdemeanor: 60 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; 2-year license suspension; Ignition interlock device for 2 years; 12 DMV points; and Possibly alcohol education classes
Fourth or subsequent DUI or DUI per se	Class 4 Felony: 2 – 6 years Colorado State Prison with 3-year parole; and/or $2,000 – $500,000⁶

2.2. DWAI

Driving While Ability Impaired offense	Penalties in Colorado Springs
First-time DWAI	Misdemeanor: 2 – 180 days jail; $200 – $500; 24 – 48 hours of public service; 8 DMV points; and 2 years of probation Courts can waive jail in exchange for a one-year alcohol evaluation course.
Second-time DWAI	Misdemeanor: 10 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; and 8 DMV points
Third-time DWAI	Misdemeanor: 60 days – 1 year in jail; $600 – $1,500; 48 – 120 hours of public service; and 8 DMV points
Fourth or subsequent DWAI	Class 4 Felony: 2 – 6 years prison with 3-year parole; and/or $2,000 – $500,000⁷

2.3. UDD

Underage drunk driving offense

Penalties in Colorado Springs

First-time UDD

Class A traffic infraction:

$150;
24 hours of community service;
3-month license suspension; and
4 DMV points

Second or subsequent UDD

Class 2 traffic misdemeanor:

10 – 90 days of jail time;
$150 – $300;
48 – 120 hours of community service;
6-month license suspension;
4 DMV points; and
Possibly alcohol evaluation and treatment⁸

2.4. DUI causing injury or death

Felony DUI offense

Penalties in Colorado Springs

Vehicular assault (DUI causing serious injury)

Class 4 Felony:

2 – 6 years prison with 3-year parole; and/or
$2,000 – $500,000⁹

Vehicular homicide (DUI causing death)

Class 3 felony:

4 – 12 years prison with 5-year parole; and/or
$3,000 – $750,000¹⁰

Learn more about felony DUI laws in Colorado.

2.5. Surcharges

In addition to fines, you can expect to pay additional costs such as:

$78 surcharge
$300 PDD surcharge
$100 – $500 for PDD programs
$20 for the Colorado Traumatic Brain Injury Trust
$1 to $10 for alcohol and substance abuse programs in rural areas
costs of alcohol and drug treatment
charges for towing and impoundment
ignition interlock device costs
higher insurance premiums when it comes time to renew car insurance
$95 for a license reinstatement

3. Can I keep my license?

DUIs and UDDs always trigger a license suspension by the Colorado Springs DMV. The only way to avoid a license revocation is by winning both

the criminal case as well as
the DMV hearing (also called an express consent hearing).

Though it may be possible to get an early reinstatement of driving privileges immediately if you drive with an ignition interlock device for nine months (or 24 months if your BAC was .15% or higher).¹¹

Note that refusing to take a chemical breath or blood test following a drunk or drugged driving arrest triggers an automatic license suspension, even if no criminal charges get filed:

A first-time refusal carries a one-year suspension (but it may be possible to get an early reinstatement of driving privileges after 60 days if you drive with an IID for 24 months).
A second-time refusal carries a two-year suspension.
A third-time refusal carries a three-year suspension.¹²

If you elect to take the breath test – and fail it – you will be given a notice of express consent affidavit and notice of revocation. This document notifies you that you have seven days to request a DMV hearing. Otherwise, the license revocation will occur on the eighth day.

Entrance of DMV, where express consent hearings are held

You can contest your license suspension at a DMV hearing.

Meanwhile, if you elect to take the blood test, you get to keep your license until the results come back, which may be weeks later. If the results come back as positive for DUI, the arresting officer will file the notice of express consent affidavit with the DMV, which in turn will mail the notice of revocation to you.

You have 10 days from the date the letter was sent to request a DMV hearing. Otherwise, the license revocation will occur on the 11th day.

If you request a DMV hearing in time, you can continue driving pending the DMV hearing, which may be up to 60 days later. A criminal defense attorney can always request DMV hearings on your behalf.

Otherwise, you are advised to go to the DMV with your notice of express consent affidavit to request the hearing in person. You can request whether or not you want your arresting officer to be present.

DMV hearings are much harder to win than criminal cases. This is because criminal prosecutors have the burden to prove guilt beyond a reasonable doubt, whereas the DMV can revoke your license based on far less evidence. Though DMV hearings are still worth the effort because

they serve as a dry run for the criminal case, and
the defense attorneys can use what they learn to mount a stronger fight against the D.A.

3.1. DUI / DUI per se

The license suspension period for a DUI / DUI per se in Colorado Springs increases with each successive violation:

First violation: 9 months.
Second violation: 1 year.
Third or subsequent violation: 2 years.¹³

3.2. DWAI

DWAIs do not trigger an automatic license suspension in Colorado Springs.¹⁴

3.3. UDD

The license suspension period for a UDD in Colorado Springs increases with each successive violation:

First violation: 3 months.
Second violation: 6 months.
Third or subsequent violation: 1 year.¹⁵

3.4. DUI causing injury or death

Vehicular assault and vehicular homicide each carries a license revocation of at least one year.¹⁶

DUI suspect being asked to take preliminary breath test while behind wheel

A potential defense to Colorado Springs DUI charges is that the breathalyzer was defective.

4. How can I fight the charges?

There are many potential ways criminal defense attorneys fight back against DUI charges in Colorado Springs, depending on the facts of the case and available evidence. Ten potential defenses include:

The police officer did not have reasonable suspicion to make the traffic stop.
The police officer gave improper instructions for the field sobriety tests.
You suffered from a medical condition that caused you to fail the field sobriety tests.
The law enforcement officer did not have probable cause to place you under arrest.
The breathalyzer was defective, or the police officer did not administer the test correctly.
The blood test results become contaminated.
The officer did not get a warrant to draw blood after you refused a blood draw.
Your BAC level was legal while behind the wheel, but it rose later while taking the chemical test (“rising blood alcohol“).
You suffered from medical conditions that caused a high BAC level, such as GERD.
You suffered from a medical condition that made you seem intoxicated, such as a diabetic seizure.

It is important that you appear at your arraignment and all future court appearances (unless the court allows your attorney to appear on your behalf). Otherwise, the judge may issue a bench warrant for your arrest.

A Colorado Springs DUI lawyer will always advise you to plead not guilty at the arraignment. Even if a case feels impossible to win, criminal defense attorneys are skilled at fighting for the best possible resolutions in DUI cases. In many cases, they can achieve a favorable plea deal.

5. Is DUI of marijuana illegal, too?

Yes. DUI of marijuana is punished the same as drunk driving in Colorado Springs. It does not matter that recreational marijuana is legal.

Note that if you are suspected of drugged driving, you are required to take a blood test following your arrest. You cannot take a breath test because breath tests do not measure drug levels.¹⁷

Learn more about DUI of drugs (DUID).

6. Can I get my criminal record sealed?

DWAI and DUI convictions can never be sealed in Colorado Springs. Though UDD convictions may be expunged after you turn 21 years old.

Criminal charges that get dismissed may be sealed right away unless the dismissal was granted through a deferred judgment.¹⁸

Learn how to seal Colorado criminal records. Having any criminal record can restrict

educational,
housing, and/or
employment

opportunities. Plus, it carries a social stigma.

7. Who prosecutes DUI cases in Colorado Springs”?

The 4th Judicial District Attorney brings DUI charges in Colorado Springs (and throughout El Paso and Teller Counties.) Cases are heard in the El Paso County Judicial Building, located at:

270 S Tejon St
Colorado Springs, CO 80903
719-452-5000

Note that DUIs on federal land in Colorado Springs are prosecuted by the Department of Justice in the District of Colorado. Colorado Springs’ federal court is located at:

212 N. Wahsatch Avenue
Colorado Springs, CO 80903
(719) 471-3387

Depending on the location, DUI suspects in Colorado Springs are arrested by either the:

Colorado Springs Police Department,
El Paso County Sheriff’s Office, and/or
U.S. Marshals Service, District of Colorado

Legal References

CRS 42-4-1301.
Same.
Same.
CRS 18-3-205; see People v. Smoots, (2013) COA 152, 396 P.3d 53.
CRS 18-3-106.
CRS 42-4-1301.
Same.
Same.
CRS 18-2-205.
CRS 18-3-106.
CRS 42-2-125; Colorado Springs Code 3.3.412 – 3.3.413. SB21-055.
CRS 42-2-126.
Same.
Same.
Same.
Same; CRS 42-2-128.
CRS 42-4-1301.
CRS 24-72-700-708; In re Harte, (2012) COA 183, 337 P.3d 1232.

My experience with Colorado legal Defense group. Diane was great. Always politely answering my calls , listening to my concerns and reassuring me every step of the way. Ahad gives new meaning to dedication and professionalism filing motions and keeping in contact with me even while he was on vacation. Mark Savoy always listen intently to everything I had to say and with his experience as a former deputy district attorney played an excellent devils advocate . I had a great team and highly recommend Colorado legal defense group.

Henry G.

This law firm holds the best lawyers that can handle hard to beat cases. Just when I thought all was impossible Allen Davis made it possible! All odds were in their favor and yet he was able to beat our case and bring my family back together. Thank you so much again highly recommend this law firm!

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Alan Davis handled my family’s case and did an amazing job. I felt like he listened to every concern and question we had. I felt like he really cared. He handled the case with the utmost care and paid attention to all details. He got us the best outcome possible and I am glad he represented us in the courtroom. Truly did an amazing job from beginning to end.

Cristal L.

“DUI in Colorado Springs” – A Game Plan for Beating It