Colorado Springs DUI Attorney
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A felony DUI conviction carries with it the possibility of a Probation sentence, Community Corrections Sentence, or Prison Sentence.

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

Jail: 90 days to 180 days in the county jail year. No sentencing alternative may be employed by the court during the 90-day mandatory period. No Trustee or Earned time during the 90-day mandatory minimum. 120 days to 730 days if the court sentences the defendant to Work release/Education release. No Trustee or Earned time during the 90-day mandatory minimum.

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 to 120 hours required

May require an Ignition Interlock Device

Fine, Court Costs, Surcharges

Revocation of driver’s license.

Continuous alcohol monitoring

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

Prison: 2 to 6 years in Department of Corrections

Probation: 3 years mandatory parole

Fine: $2,000 to a $500,000.00

 Yes, and it happens frequently. Police officers are trained to look for signs of “impairment.” These observations occur while you are driving after the officer has stopped you and is speaking with you, and when the officer is administering roadside sobriety tests. 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.

 For several years, the state of Colorado has been aggressively attempting to rid the roadway of what it perceives as dangerous drivers – this includes people taking regular medications prescribed by a physician who may not perceive themselves to be impaired due to medications. In 2018 CDOT Executive Director Michael Lewis stated that “[e]liminating drugged driving on our roadways is an important and long-term goal for CDOT.” https://publicsafety.colorado.gov/press-release/csp-nhtsa-cdot-launch-if-you-feel-different-you-drive-different-campaign.

 Regularly, we represent clients who were taking medications such as SSRIs, anticonvulsants, antiepileptics, antipsychotics, antidepressants, opioid-based, anesthetics, benzodiazepines, etc. who have been cited for DUI or DWAI when consuming no alcohol or when only a small amount of alcohol has been consumed.

 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. Call Maher & Maher Law today at (719) 301-7500 to speak with an experienced Colorado Springs DUI attorney.

Yes, and it happens frequently. Police officers are trained to look for signs of “impairment.” These observations occur while you are driving after the officer has stopped you and is speaking with you, and when the officer is administering roadside sobriety tests. If the officer learns that you consumed ANY  type of cannabis-based product – even long before driving – and the officer believes he or she is seeing some level of mental and/or physical impairment, you are likely going to be arrested.

For several years, the state of Colorado has been aggressively attempting to rid the roadway of what it perceives as dangerous drivers – anybody with Cannabis in their system. A quick look at the Colorado Department of Transportation website reveals how serious the state of Colorado is about educating the public about the dangers of driving with THC in the system. https://www.codot.gov/safety/impaired-driving/druggeddriving

Your status as a medical marijuana cardholder makes no difference in prosecuting you for DUI and DWAI. The law explicitly states that having a medical marijuana card is not a defense to DUI or DWAI. “The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana….shall not constitute a defense….C.R.S. § 42-4-1301. We routinely represent responsible members of our community who use medical marijuana at their doctor’s recommendation and unfortunately have been charged with DUI or DWAI.

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. Call Maher & Maher Law today at (719) 301-7500 to speak with an experienced Colorado Springs DUI attorney.

It is possible; however, a court can bar you from using Medical Marijuana. The law creates a presumption that a person sentenced to a term of probation may use medical marijuana unless one of the law’s exceptions applies. The prosecutor must prove to the court that despite this presumption, you should be barred from using medical marijuana during probation. If the court finds there exists material evidence that precluding the continued use of medical marijuana is necessary and appropriate to promote the goals of sentencing, then the court. See Walton v. People, 2019 CO 95.

No, it is a typical condition of DUI probation that you may not consume any alcohol, recreational marijuana, or illicit drugs.

“UA” is urinalysis testing. UA’s are commonly required in DUI cases prior to sentencing during “pre-trial monitoring” and after sentencing during probation. EtG (ethylglucuronide), testing is a common biomarker that UA aims to identify.    EtG is a derivative of ethanol (the kind of alcohol we drink) 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.

Yes, If the court requires you to provide urine samples. Many jurisdictions have some form of pretrial monitoring for alcohol consumption. Abstinence from alcohol can become a condition of your bond or a court can make it a condition of your summons. The law requires a court to order abstinence from alcohol and alcohol monitoring as a condition of any bond for a person arrested for driving under the influence or driving while ability impaired with one or more previous convictions for DUI or DWAI. See C.R.S. 16-4-105.

UA’s are almost always a condition of any sentence to DUI or DWAI. You should expect that the court will order abstinence from alcohol.

For in-state residents, Colorado has a restricted license program. Your specific situation will dictate what is required under this program, but most people are able to get a restricted license while serving out the administrative revocation period. You should contact the department of revenue reinstatement line (303) 205-5631 and determine your eligibility requirements. You can access Colorado Department of Revenue forms at https://dmv.colorado.gov/forms-licenses

 Out-of-State residents are not eligible for the restricted license program in Colorado; however, you will likely have to reinstate them in Colorado after your revocation period has run. Contact your state’s DMV to determine if your state has a restricted license program.

Most Colorado residents are able to get a restricted license while serving out the administrative revocation period. You should contact the department of revenue reinstatement line (303) 205-5631 and determine your eligibility requirements. You can access Colorado Department of Revenue forms at https://dmv.colorado.gov/forms-licenses

You should contact the Department of Revenue reinstatement line (303) 205-5631 and determine your eligibility requirements. You can access Colorado Department of Revenue forms at https://dmv.colorado.gov/forms-licenses