Colorado Springs DUI Attorney
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A CONVICTION CAN HAVE GRAVE CONSEQUENCES ON YOUR FUTURE

The government is serious about prosecuting citizens charged with Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). A conviction for DUI or DWAI can have grave consequences on your future. So, if you are charged with a DUI/DWAI, vehicular homicide, or vehicular assault, hire a skilled Colorado Springs DUI lawyer right away. Maher & Maher Law is experienced with handling the nuances of DUI/DWAI cases. Take a look at some of our DUI case results.

Are you searching for a DUI attorney near me? Here at Maher & Maher Law, we have a top rated Colorado Springs DUI lawyer who has spent years both prosecuting and defending DUI/DWAI, felony DUI, vehicular homicide, and vehicular assault cases. Not only is Joe an accomplished trial lawyer but he has worked intentionally to develop specific DUI defense capabilities: Joe has successfully completed the 24-hour National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing and Detection course that DUI officers are put through. Further, Joe has successfully completed the Axion Laboratories Forensic Chromatography course in Chicago, IL. This is the testing method Colorado forensic laboratories use to test a driver’s blood specimens for blood alcohol content (BAC). Joe is passionate about defending DUI/DWAI cases – we understand them inside and out and we will fight to protect your rights. Put a Colorado Springs DUI Attorney to work for you who knows and can defend against the government’s strategy and tactics. Call Maher & Maher Law, PC at 719-301-7500 today for a free consultation.

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FREQUENTLY ASKED COLORADO DUI/DWAI QUESTIONS

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

  • a. You need to know that every DUI case is really two cases. The first case is the case in criminal court. The second case is the potential driver’s license revocation action at the Department of Revenue. You may need to make a request for a license revocation hearing as soon as seven days following your DUI citation. You must know what type of chemical test you participated in when you were cited with DUI or if you refused to participate in the chemical test.
  • b. If you took a blood test, the Department of Revenue will revoke your license once a blood test result above .08 g/100 ml is received. You will receive a letter in the mail at the address on file notifying you of your opportunity to request a hearing. You must act immediately.
  • c. If you took a breath test or refused to test, then you will be served with a notice of revocation of your license by the arresting officer. You will have seven days to request a hearing.
  • d. This is a complicated, rule specific area of the law. You should seek an experienced Lawyer right away when you are cited for DUI. Contact or call Maher & Maher Law, PC at (719)301-7500 today for a free consultation.

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

  • a. In Colorado, Driving Under the Influence (DUI) means driving a vehicle when a person has consumed alcohol or drugs or a combination of alcohol and drugs that affects the person to a degree that he or she is substantially incapable either mentally or physically or mentally and physically to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
  • b. In Colorado a driver can be charged with two separate counts: DUI (Described above) and DUI Per Se. A prosecutor can, and often will, elect to proceed under both charges. The DUI Per Se statute states that it is a crime to operate a motor vehicle with a blood alcohol concentration (BAC) limit of .08 grams per 100 milliliters (ml) of alcohol within 2 hours of driving. In other words, there is a presumption of under the influence in Colorado if a driver’s BAC is above .08g/100 ml. When this presumption is satisfied, a prosecutor does not have to prove a driver was substantially incapable of operating his vehicle safely.

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

DWAI occurs when a driver operates a motor vehicle and is affected by the consumption of alcohol and or drugs to the slightest degree. 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.

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 then the prosecutor can file felony DUI charges in Colorado. Felony DUI charges carry a possible prison sentence.

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

  • Jail: 5 days to 1 year in the county jail; however, the jail can be suspended upon successful completion of alcohol evaluation and completion of evaluation recommendations. 10 days of jail is the mandatory minimum if the Defendant’s blood alcohol content (BAC) was 0.2 g/100ml or more at the time of driving or within 2 hours of driving.
  • Probation: Up to 2 years of supervised or unsupervised probation
  • Fine: $600.00 to $1000.00
  • Community Service: between 48 and 96 hours required
  • Court Costs and Surcharges
  • 12 points assessed against the Defendant’s driver’s license

What are the penalties I could face for a SECOND DUI Conviction?

  • Jail: 10 days to 1 year in the county jail, plus 1 year for probation violation. Some sentencing alternatives are available.
  • Probation: 2 to 4 years, shall include: 1 year suspended jail, level II alcohol and drug education or treatment program, and other conditions the Court requires.
  • Fine: $600.00 to $1,500.00
  • Community Service: 48 to 120 hours required
  • Court Costs, Surcharges
  • Ignition Interlock Device
  • Continuous alcohol monitoring
  • 12 points assessed against the Defendant’s driver’s license

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

  • Jail: 60 days to 1 year in the county jail, plus 1 year for probation violation. Some sentencing alternatives are available.
  • Probation: 2 to 4 years, shall include: 1 year suspended jail, level II alcohol and drug education or treatment program, and other conditions the Court requires.
  • Fine: $600.00 to $1,500.00
  • Community Service: 48 to 120 hours required
  • Court Costs, Surcharges
  • Ignition Interlock Device
  • Continuous alcohol monitoring
  • 12 points assessed against the Defendant’s driver’s license

What are the penalties I could face for a FELONY DUI conviction in Colorado?

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

Can I be charged with a DUI if I have only taken my prescription medication but the police officer thinks I am drunk or intoxicated?

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.

I have a medical marijuana card, can I still be charged with a DUI if I use marijuana and drive?

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.

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

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.

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

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

What are UA’s?

“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.

Do I have to provide UA’s while my case is pending?

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.

Do I have to provide UA’s while I am on probation?

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.

If my driver’s license was revoked for a DUI in Colorado, can I get a temporary license of some kind?

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.

If my CO driver’s license was revoked for a DUI, how do I get a restricted license to drive?

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

How do I reinstate my license?

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

INITIAL CONSULTATIONS ARE ALWAYS FREE

Call us today to set up an appointment: 719-301-7500

Why choose a local DUI attorney in Colorado Springs, CO?

Maher & Maher has been voted as one of the Best of the Springs and is an experienced DUI lawyer that has years of experience in defending people who have been arrested for DUI/DWI. Maher & Maher has defended all types of DUI charges including drunk driving defense, DUI arrest charges, underage DUI, speeding to elude police charges, felony DUI charges, and more. No case is too tough or too small for our experienced Colorado Springs DUI lawyer to handle. A DUI arrest, drunk driving charge or conviction can be a serious matter with grave consequences. We’re one phone call away!

Our Colorado Springs DUI attorney knows the state laws and city ordinances inside and out for DUI/DWI cases in El Paso County, Teller County, Arapahoe County, Douglas County, Adams County, Denver County, Jefferson County, Pueblo County, Fremont County and all surrounding areas of Colorado.

At Maher & Maher Law, our Colorado Springs DUI lawyer is committed to defending drunk driving charges in Colorado. We are dedicated to helping you get the best outcome possible in your DUI case.

If you have been arrested for DUI/DWI in Colorado, call Maher & Maher Law today at (719) 301-7500 to speak with an experienced Colorado Springs DUI attorney

Voted Best Colorado Springs DUI Attorney

Maher & Maher Law is routinely recognized as one of the best DUI law firms in Colorado Springs. From our Best of the Springs nominations for Joe Maher to our Expertise awards, Google reviews, and customer testimonials. We’re proud to be voted one of the best Colorado Springs DUI Attorneys. Our firm is dedicated to providing you with the highest quality legal representation and defense when it comes to DUI cases, as well as a variety of other areas of criminal law. We understand the importance of protecting your rights and fighting for justice, and our DUI defense lawyers know how to fight for the best outcome possible. Whether you’re facing a DUI charge, a DUI arrest, a DUI felony, DWAI, DUI conviction, or other criminal charges, we’ll make sure that each case is handled with the utmost care and respect it deserves. With years of experience in trial advocacy and an extensive background in criminal law, Maher & Maher Law has the expertise necessary to handle any DUI case in Colorado Springs.

Top Rated Colorado Springs DUI Lawyers

No one wants a DUI conviction in Colorado. The penalties can be severe. This is why you need a well-rounded experienced Colorado Springs criminal defense attorney or at the very minimum an experienced Colorado Springs dui lawyer to help navigate a felony dui or dwai charge, or any additional dui charges related to your situation.

A DUI attorney is an experienced attorney that will look at your case from every angle. At Maher & Maher Law, our experienced dui lawyer is Mr. Joe Maher, an experienced criminal defense attorney who takes on the toughest dui charges in Colorado Springs and El Paso County, and is your local DUI attorney that cares.

If you get a drunk driving charge, this is a legal matter that should not be taken lightly. Not every DUI case will result in felony dui charges, vehicular homicide or vehicular assault charge, but if you are in a motor vehicle and a police officer stops you for driving under the influence, contact a DUI defense attorney right away. Even a DWAI or driving while ability impaired charge can result in major issues.

Maher & Maher Law, your local Colorado Springs criminal defense lawyer , is here to help. We understand the complexity of DUI laws in Colorado Springs. Our DUI defense attorneys work hard to give our clients a favorable outcome and make sure that their rights are protected every step of the way. Contact us today to learn more about how we can help you or your loved one with any Colorado Springs criminal offenses, including charges related to DUI. We have the experience and knowledge to provide the best representation possible.