DUI DWAI Lawyer In Colorado Springs

Is It Possible To Beat Your DUI/DWAI?

Yes, We Can Beat Your DUI/DWAI !

Beat Your DUI/DWAI With The Best Colorado Springs DUI Attorney Jeremy Loew.

Experienced, Aggressive Colorado Springs DUI Lawyers.

The scary thing about DUIs or DWAIs is that at some point or other we all have gotten behind the wheel and wondered what would happen if I were pulled over right now if even slightly intoxicated. The fear is even more real these days given the legal limit for blood alcohol content (BAC) in Colorado is 0.08. It doesn’t take much to hit that limit especially if it’s drinks after work on an empty stomach.

DUIs get all the press, but there is a lesser known offense called a DWAI or driving while ability impaired, which is a more subjective offense, but often comes with near comparable penalties to a DUI in Colorado. The DWAI statute indicates you are guilty of DWAI if you are driving while your ability is impaired to the slightest degree. This ambiguity can be applied to many situations.

Do Not Drink And Drive

Obviously the safest option is to simply not drink at all if you are going to be driving. However, that may not always be practical. If you find yourself being charged with a DUI or DWAI, there are things you can do to fight the charges.

First, find a Colorado Springs criminal defense attorney like Jeremy Loew who understands the nuances of mounting a vigorous DUI DWAI defense. Second, make the call sooner rather than later. In most cases you only have seven days in which to begin defending your rights.

An effective defense hangs on two key areas. The BAC and evidence of impairment.

DUI In Colorado Springs BAC is determined with either a breathalyzer or blood test. The processes and procedures of the tests can and should be questioned by you and your attorney. In order for the test to be perfectly accurate specific procedures must be followed and the machines used to conduct the tests must be kept in perfect working order.

This opens up many opportunities for the test to be improperly administered causing inaccurate results.

DWAI/DUI – You Have Rights

You have the right to have your BAC sample retested. If the retested results differ in any way from the original, they may be shown as unreliable and could be thrown out. Occasionally BAC evidence is not properly preserved or may even be thrown out which is another reason to ask for a retest. Additionally, the BAC test is only effective and relevant at the time you are driving. Consequently, if the test is administered long after you are stopped, the results may be inadmissible.

DUI DWAI Penalties

The point is to question everything about the BAC. The penalties for DUI have become severe even for a first time offender. It is worth the effort to put up a fight and defend yourself.

The second key is evidence of impairment. This is highly subjective. It is determined by a human police officer and humans are notoriously inconsistent. We all react to situations differently. You might be nervous and tired when you get pulled over. Your shaky behavior and blood shot eyes may be due to stress and not alcohol.

You may have horrible balance even stone cold sober. These indicators and behaviors may cause the police officer to charge you based on behavior that can be explained. Having an experienced defense attorney such as Jeremy Loew on your side can help poke holes in the police account of the alleged offense.

Facing a DUI or DWAI is a very serious matter. Even first-time offenders face jail time, risk losing their job and face stiff fines and huge hikes in insurance costs.

Make your first call to Jeremy Loew at Loew Law and he will help you beat your DUI DWAI. Call (719) 387-4111 today or click HERE to contact Jeremy Loew.

Colorado Springs DUI Attorney FAQ.

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What Should I Do After Arrest?

Being arrested for a DUI in Colorado Springs can be a stressful and overwhelming experience, but knowing the right steps to take after an arrest in Colorado Springs can help protect your rights and your future. Here’s what you should do immediately following a DUI arrest:

Remain Calm and Cooperate with Authorities

The initial moments following a DUI arrest can be critical. While it may be difficult, it is important to remain calm and cooperative with law enforcement officers. Resisting or arguing can escalate the situation and may lead to additional charges.

Document Everything

As soon as possible after your arrest, try to recall and write down all the details about the events leading up to and during your arrest. This includes what you were doing before driving, the reason the officer gave for the stop, and anything you remember about the field sobriety or breathalyzer tests.

These details can be crucial for building your defense later.

Understand the DMV Hearing Process

In Colorado, after a DUI arrest, you have only seven days to request a DMV hearing to challenge the administrative suspension of your driver’s license. Failing to request this hearing can result in an automatic suspension of your license. This hearing is separate from your criminal case, so it is essential to act quickly.

Contact an Experienced DUI Lawyer

Perhaps the most crucial step you can take is to consult with an experienced DUI lawyer in Colorado Springs. A skilled Colorado Springs DUI attorney can provide guidance on the legal process, help you understand the charges you face, and work to protect your rights. They can also represent you during the DMV hearing and in court, negotiating for lesser charges or penalties where possible.

Follow Legal Advice Carefully

Once you have a lawyer, it is important to follow their advice and direction. They can advise you on whether to accept plea deals, attend alcohol education programs, or gather evidence to support your defense. Their expertise will be invaluable in navigating the complexities of Colorado DUI laws.

By taking these steps, you can better manage the aftermath of a DUI arrest and position yourself for a more favorable outcome.

Will I Go To Jail For A DUI Arrest?

Facing a DUI arrest in Colorado Springs can be a daunting experience, especially with the uncertainty of whether jail time will be a consequence. While each case is unique, several factors influence whether an individual arrested for DUI will face jail time in Colorado.

Severity of the Offense

Colorado law considers the circumstances of each DUI case. For a first-time DUI offense without aggravating factors (such as causing an accident or having a high blood alcohol concentration, or BAC), jail time is not mandatory but is possible. The standard penalty for a first DUI can include up to 10 days in jail, though this is often suspended if the offender complies with court-ordered programs like alcohol education classes.

However, if the BAC is 0.15% or higher, the driver may be classified as a “persistent drunk driver,” increasing the likelihood of jail time.

Prior Convictions

Jail time becomes more likely for individuals with previous DUI convictions. A second DUI conviction in Colorado carries a minimum jail sentence of 10 days and can extend up to one year. For a third or subsequent DUI, the minimum increases to 60 days, with a maximum of one year. The court generally has less flexibility in these cases, and judges are more likely to impose jail time as a deterrent.

Aggravating Factors

Certain circumstances can lead to more severe penalties, including jail time, even for a first-time offender. Examples include causing injury or property damage, driving with minors in the vehicle, or refusing chemical testing. In such cases, judges are more likely to impose a jail sentence due to the increased risk posed to others.

Legal Representation Matters

Hiring a skilled Colorado Springs DUI lawyer can significantly impact the outcome of a DUI case. An experienced drunk driving attorney in Colorado Springs can negotiate for alternative sentencing options, such as probation or community service, and present mitigating factors that could reduce or eliminate jail time.

While jail time is possible for a DUI arrest in Colorado Springs, it depends on factors like prior offenses, the severity of the situation, and the quality of legal representation.

Hiring the best DUI attorney is crucial for beating your DUI. Contact us now for your Free and Friendly Case Review.

First Time DUI

A first-time DUI offense in Colorado Springs carries serious legal consequences, even for those without a prior criminal record.

Under Colorado law, a DUI (Driving Under the Influence) is defined as operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. For drivers under 21, the legal BAC limit is 0.02%. Penalties for a first DUI can include fines, probation, mandatory alcohol education classes, and possibly even jail time, depending on the specifics of the case.

First Time DUI: Fines

A first-time DUI conviction can result in a fine ranging from $600 to $1,000. Additionally, there is often a mandatory court fee and a surcharge that can increase the overall financial burden. The court may also require the defendant to perform 48 to 96 hours of community service.

A DUI conviction can lead to a jail sentence ranging from five days to up to one year; however, judges often lean toward probation for first-time offenders, especially if there are no aggravating factors such as a high BAC or an accident.

Probation

Probation is a common outcome for a first-time DUI. The probation period typically lasts between one and two years, during which the defendant must adhere to strict guidelines, including regular check-ins with a probation officer, maintaining sobriety, and avoiding further legal issues.

A first-time DUI offense may also lead to a driver’s license suspension for up to nine months. In certain cases, individuals can apply for a restricted license with the installation of an ignition interlock device (IID) to regain limited driving privileges during the suspension period.

The ramifications of a first-time DUI extend beyond legal penalties. A conviction can affect insurance rates, employment opportunities, and community reputation. Therefore, seeking the representation of a skilled DUI lawyer in Colorado Springs can be crucial.

An experienced attorney can navigate the complexities of the local legal system, work to minimize penalties, and potentially negotiate for reduced charges or alternative sentencing options.

Colorado Springs Criminal Attorney Reviews

"Jeremy is such an amazing lawyer & has went over & beyond for me as a client & I can’t thank him enough for being there for me. I would hire him again in a heart beat if needed to be. He knows exactly how to treat his clients & he’s definitely worth every dime in the process. Thank you so much for treating me so well. You are an amazing person & lawyer! "
-Susie Wills

Colorado Springs Criminal Attorney Reviews

"What can I say but thank you to this law firm, they are extremely supportive, knowledgeable and down right amazing. I wouldn’t trust anyone else but them. Jeremy and team are amazing and I couldn’t have gotten through my court experience without them. I highly recommend them for any criminal cases you may be facing."
-Josephine Farmer.

Colorado Springs Criminal Attorney Reviews

"Thanks to the law office of Jeremy Loew I was able to walk away from what seemed like a lose lose situation. He was available on the weekend when I was picked up by the cops and he was understanding of my situation. He provided me with reassurance that he could help and pointed me in the right direction to get the best case situation. He fought for me until the last moment to get me the best deal possible and ensured that I was able to keep my license. I would recommend Jeremey Loew hands down."
- Robert C