Colorado Springs DUI Lawyer

Charged with a DUI and anxious about what’s next? A DUI arrest can threaten your license, job, and reputation. Our Colorado Springs DUI lawyers will explain the court and license processes, review the evidence, and build a defense based on the facts of your case. Our award winning DUI attorneys have defended some of the toughest cases in the state. Reach out to talk about yours.

Colorado DUI Charges Are Serious. So Are We.

If you’ve been charged with a DUI, you’re facing a lot of unknowns. Will you lose your license? What if your employer finds out? Will insurance drop you? Will you go to jail? We understand this is all overwhelming, and you may fear losing your rights.

A DUI arrest can trigger a criminal court case and a separate driver’s-license process. You may also be worried about work, insurance, and your reputation. One difficult moment does not define your life. We will identify the immediate deadlines, explain the Court process and Driver’s License hearing process, and begin reviewing the stop, testing, and other evidence so you can make informed decisions. The most important thing to do right now is find an award winning Colorado Springs DUI lawyer who will fight tooth-and-nail for your future.

Start Looking Now for the Best DUI Attorney for Your Case

Law enforcement or the district attorney’s office may contact you while your case is pending. You have the right to remain silent and to seek legal advice before answering questions about the case. Our Colorado Springs DUI attorneys will explain the immediate steps, review the available evidence, and discuss defense options based on your circumstances.

The following months may be arduous, but you don’t have to navigate them alone. Our Colorado Springs DUI attorneys have successfully defended 778 clients with DUI charges in Colorado. We listen, review your case, advise you on your options, and build a personalized defense that’s focused on achieving your best possible legal outcome.

Reach out to get tailored advice right away. Your first DUI attorney consultation is free.

“I trusted this team with my entire life, and they did not fail me.”

October of 2021 changed my life forever. I lost everything, my job, my earning potential, and I was faced with prison time. Calling Joe was easily one of the best decisions I have ever made. Through his legal expertise, quick reactions, and outstanding intuition, Joe exposed the lies and injustices I was faced with and defeated them. This case was dismissed at a motions hearing before making it to trial. Joe and his team fought fiercely for me, they never stopped believing in me. To say Joe Maher and his team saved my life would be an understatement.

F. Cardenas

More than a decade prosecuting and defending Colorado DUI cases

778 DUI cases handled

460+ positive reviews in Colorado

Why Clients Choose Maher & Maher Law DUI Lawyers

Maher & Maher brings experience from both sides of a DUI case. Our attorneys include former prosecutors who understand how the state evaluates and presents evidence. Joe Maher has completed Standardized Field Sobriety Testing participant and instructor training, Advanced Roadside Impaired Driving Enforcement training, and the ACS-CHAL forensic lawyer-scientist program.

Only three other lawyers in Colorado hold this distinction.

We apply that training to the facts: the reason for the stop, officer observations, field-sobriety testing, breath or blood testing, laboratory records, and the prosecution’s theory. You receive a defense strategy built around the evidence in your case and clear communication about what comes next.

We use this specialized knowledge in court to vigorously challenge the prosecution, get unfair evidence dismissed, and achieve your best outcome. We’re the DUI lawyers in Colorado Springs, CO, you want on your side.

Client Testimonial: Why Clients Chose Maher & Maher

John lost everything after his charge, from his home, car, and insurance benefits to potentially his freedom, as he was facing lengthy prison time. He needed a team that could prove his innocence and fight for his life.

John met with five of the top criminal defense attorneys in Colorado and none of them gave him the confidence he needed. Then he met Joe Maher and knew right away — this was the Colorado attorney he wanted defending his case. Hear why John chose Maher & Maher, and how we won the case that gave him his life and freedom back.

Our Colorado DUI & DWAI Results

Maher & Maher prepares each DUI case through careful review of the stop, testing, laboratory evidence, and prosecution theory – and we fight boldly if your case comes to trial. Prior results include dismissals and not-guilty verdicts, but every case depends on its own facts and law. We fight for you just like we’d fight for our family, and our results speak for themselves.

Found Not Guilty of DUI

Our DUI attorney successfully fought to suppress evidence based on a search which violated the U.S. Constitution’s Fourth Amendment and Colorado’s Article II Section 7. The Jury found our client not guilty of all counts.

Found Not Guilty of DUI, DWAI & Careless Driving

Our client rear-ended a slow-moving, poorly lit trailer on I-25. Despite having only one glass of wine, the state trooper claimed she was impaired. Our DUI attorney exposed flaws in the state’s case and secured a not-guilty verdict on all charges for our client after a one-day trial.

Case Dismissed – DUI Vehicular Homicide

After an exhaustive review, our defense attorney challenged the constitutional nature of key evidence in a vehicular homicide case. The court ruled in our client’s favor to suppress the evidence and the district attorney dismissed all charges.

The Colorado DUI Lawyer You Want on Your Case

Former Marine Corps officer Joe Maher has been voted by his peers as one of Colorado Springs’ top DUI attorneys in Colorado Springs Magazine. Other lawyers trust Joe — you can, too. As a former prosecutor, he understands the strategies used against you and knows how to counter them. Maher & Maher has successfully defended 778 clients in cases from first-time DUIs to complex felony charges, earning a reputation for aggressive defense and outstanding client advocacy. Joe believes in you, cares about you, and will fight for you.

How is Joe different from other top Colorado DUI attorneys? He’s worked to develop the skills you need. Joe has successfully completed courses in Standardized Field Sobriety Testing (SFST) and Detection, SFST Instructor Development, Advanced Roadside Impaired Driving Enforcement (ARIDE), and forensic chromatography, the testing method Colorado forensic labs use to test blood alcohol content (BAC). He brings a level of forensic testing knowledge to your Colorado DUI case that’s a strategic advantage against prosecutors and expert witnesses. Joe has earned the designation of ACS-CHAL Forensic-Lawyer Scientist. Only four lawyers in Colorado have earned this designation.

You aren’t just in good hands with Joe Maher as your local DUI attorney. You’re working with a team that’s dedicated to championing your cause and to achieving your very best outcome.

Joe Maher, DUI defense attorney at Maher & Maher Law

“We represent good people in difficult times. Choose the team that’s prepared to fight, and has the skill and determination to win.”

Joe Maher, Maher & Maher Law, PC

Hundreds of Positive Reviews

We’ve Defended Cases Like Yours

No case is too tough or too small for our elite Colorado Springs DUI lawyer to handle. Maher & Maher has defended all types of DUI charges. Every case is different, and our varied experience helps us defend each one.
First-Time DUI Offenses
Multiple DUI Offenses
Felony DUI Charges
Commercial Driver DUI (CDL Holders)
Driving While Ability Impaired (DWAI)
Speeding to Elude Police Charges
Underage DUI (UDD)
DUI with Accidents or Injuries

Understanding DUI and DWAI Charges in Colorado

Colorado law distinguishes between DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired). A BAC of 0.08% or higher typically results in a DUI charge, while a BAC between 0.05% and 0.08% can lead to a DWAI charge.

DUI and DWAI charges carry significant legal consequences with penalties that may include jail time, fines, license suspension, and mandatory alcohol education programs. A DUI conviction can also lead to increased insurance rates and difficulties finding employment.

An arrest does not always mean you will be convicted. With the right defense strategy, you may be able to reduce or dismiss the charges against you.

Common Questions About DUIs in Colorado

What does Driving Under the Influence (DUI) mean in Colorado?

DUI means driving while alcohol, drugs, or both make you substantially incapable of safely operating a vehicle. Colorado also has DUI Per Se laws — if your BAC is .08 or higher within two hours of driving, you can be convicted even if you didn’t seem impaired. A prosecutor can, and often will, elect to proceed under both charges.

What does Driving While Ability Impaired (DWAI) mean in Colorado?

DWAI means your ability to drive is affected to the slightest degree by alcohol or drugs. DWAI is a lesser included offense of DUI. If you are charged with DUI, you go to trial, and you are found not guilty of DUI, a jury could still find you guilty of DWAI.

What should I do after a DUI arrest?

Remain calm, exercise your right to remain silent, and contact a DUI attorney immediately. Hear more advice from our expert DUI attorney, Colorado Springs:

What do I need to know right away if I have been charged with DUI or DWAI?

You’re facing two separate cases: a criminal case in court, and a driver’s license revocation case with the Department of Revenue.

Act fast. If you took a breath test or refused testing, you may need to request a license revocation hearing as soon as seven days following your DUI citation. If you took a blood test, your license will be revoked once results show a BAC over .08 g/100 ml — you’ll get a letter, and you must act quickly. If you took a breath test or refused to test, you’ll be served with a notice of revocation of your license by the arresting officer. You will have seven days to request a hearing.

Is a DUI a felony?

DUI and DWAI are misdemeanor offenses in Colorado. However, if you had three prior alcohol or drug-related driving convictions, you can be charged with a felony, which leads to possible prison time. Learn more from our DUI attorney, Joe Maher:

What are the penalties for a FIRST DUI conviction in Colorado?

  • Jail: 5 days to 1 year (can be suspended with treatment). If your BAC was .20 or higher within 2 hours of driving, you face mandatory jail time of 10 days or more.
  • Probation: Up to 2 years
  • Fines: $600-$1,000
  • Community service: 48-96 hours
  • 12 points assessed against your driver’s license

What are the penalties for a SECOND DUI conviction in Colorado?

  • Jail: 10 days to 1 year, plus 1 year for probation violation
  • Probation: 2-4 years
  • Fines: $600-$1,500
  • Community service: 48-120 hours
  • Ignition interlock & alcohol monitoring required
  • 12 points assessed against your driver’s license

What are the penalties for a THIRD DUI conviction in Colorado?

  • Jail: 60 days to 1 year, plus 1 year for probation violation
  • Probation: 2-4 years
  • Fines: $600-$1,500
  • Community service: 48-120 hours
  • Ignition interlock & alcohol monitoring required
  • 12 points assessed against your driver’s license

What are the penalties for a felony DUI in Colorado?

A felony DUI conviction carries the possibility of a probation sentence, community corrections sentence, or prison sentence.

If you are sentenced to probation, the sentence could include:

  • Jail: 90-180 days, with the first 90 days being mandatory. There is no potential for Trustee or Earned Time during the 90-day mandatory minimum. The sentence is 120-730 days for work release or education release.
  • Probation: Period open to the court and includes Supervision Fees, level II alcohol and drug education or treatment program, and other conditions the court requires.
  • Community service: 48-120 hours
  • Ignition interlock potentially required
  • Revocation of driver’s license
  • Continuous alcohol monitoring

If you are sentenced to prison, the sentence could include:

  • Prison: 2-6 years
  • Probation: 3 years mandatory parole
  • Fine: $2,000-$500,000.00

Can I get a DUI from prescription medication?

Yes. Even if you’re taking medication as prescribed, if an officer believes you’re impaired, you can be charged with DUI or DWAI. If the officer learns that you consumed ANY medication (regardless of the drug’s schedule level, pharmaceutical ingredients, or known pharmacokinetic properties) and the officer believes he or she is seeing some level of mental and/or physical impairment, you are likely going to be arrested.

Colorado aggressively prosecutes drug-related DUIs — this includes people taking regular medications prescribed by a physician who may not perceive themselves to be impaired. Regularly, we represent clients who were taking medications such as SSRIs, anticonvulsants, antiepileptics, antipsychotics, antidepressants, opioid-based, anesthetics, or benzodiazepines who have been cited for DUI or DWAI when consuming no alcohol or only a small amount. If you have been charged with DUI or DWAI based on consuming a prescription drug, whether you have consumed alcohol or not, you need serious representation.

Can I get a DUI if I have a medical marijuana card?

Yes. Having a medical marijuana card does NOT protect you from a DUI. If an officer thinks you’re impaired, you can be arrested — even if you used marijuana hours or days before driving.

Can I use medical marijuana while on probation for DUI?

It is possible, but the court can bar you from using medical marijuana. The law presumes you can use medical marijuana on probation unless one of the law’s exceptions applies. The prosecutor must prove to the court that you should be barred from using medical marijuana during probation. A judge can then ban you if they believe it’s necessary.

Can I use recreational marijuana while I am on probation for a DUI or DWAI?

No. DUI probation almost always includes a ban on recreational marijuana, alcohol, and illicit drugs.

What are UAs (urinalysis tests)?

“UA” is urinalysis testing. UAs are commonly required in DUI cases prior to sentencing during “pre-trial monitoring,” and after sentencing during probation.

How it works: UAs aim to identify EtG (ethylglucuronide), a common biomarker. EtG is a derivative of ethanol and glucuronide, a compound found in the liver and is excreted through urine. Looking for EtG is a way to determine if a person has consumed alcohol.

Can I get a restricted license after a DUI?

Most Colorado residents can apply for a restricted license during their revocation period. Call the Department of Revenue at (303) 205-5631 to check your eligibility. You can access Colorado Department of Revenue forms at https://dmv.colorado.gov/forms-licenses

Out-of-state residents are not eligible for a Colorado restricted license but may need to reinstate their license in Colorado before their home state will reissue it.



How do I reinstate my license?

Contact the Department of Revenue at (303) 205-5631 or visit dmv.colorado.gov/forms-licenses for reinstatement info.

Information From Our Colorado Springs DUI Lawyers

Handcuffed individual representing a first DUI arrest in Colorado Springs.

Post DUI Do’s and Don’ts: How To Handle DUI Charges

Driving while intoxicated is both incredibly dangerous and unfortunately incredibly common. According to the U.S. Centers for Disease Control and Prevention, more than 1 million drivers were arrested for driving under the influence of alcohol or narcotics in 2016.

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Handcuffed individual representing a first DUI arrest in Colorado Springs.

Your First DUI Arrest in Colorado Springs

Facing your first DUI arrest in Colorado Springs can be overwhelming, but this comprehensive guide will walk you through the process, from understanding the laws and potential consequences to navigating the legal system.

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Handcuffed individual representing a first DUI arrest in Colorado Springs.

Navigating DUI Charges in Colorado: Understanding Felony Classifications and Sentencing

Navigating DUI charges in Colorado can be complex, especially when it comes to understanding felony classifications and sentencing.

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Our Colorado DUI Law Firm Locations

Our Colorado Springs DUI law firm has locations in both the north side of the city and downtown. We live in this community and are dedicated to serving our neighbors.

Our local DUI lawyers serve clients in:

  • Custer County
  • Douglas County
  • El Paso County
  • Elbert County
  • Fremont County
  • Huerfano County
  • Lincoln County
  • Park County
  • Pueblo County
  • Teller County
  • San Luis Valley

Talk with a Colorado Springs DUI Lawyer

We understand this is a difficult moment, but you do not have to face the court and license processes alone. We will explain your options, identify the immediate deadlines, and discuss how we would approach your defense.

Schedule Your Free Consultation

Call 719.301.7500 or fill out our form to talk about your case with our DUI attorney for free.