Colorado Springs DUI Lawyers

If you find yourself on this page, it’s likely because you’re seeking legal counsel after a DUI arrest in Colorado Springs. We understand the concerns and anxieties you may be experiencing about your future. Rest assured, at The Law Firm of Mark S. Hanchey and Ben Peterson, we’re here to offer support and guidance every step of the way.

What Types of DUI Cases Can a Colorado Springs Defense Attorney Handle?

Colorado Springs defense attorneys are well-equipped to handle a diverse range of DUI cases. Their expertise covers:

• Accident-Related DUIs: When a DUI involves collisions, personal injuries, or fatalities, skilled attorneys navigate the intricate legal challenges involved.

• Substance-Related DUIs: Beyond alcohol, many cases involve impairment from marijuana or other drugs, requiring a nuanced understanding of different substances and their effects.

• Commercial Driver’s License (CDL) DUIs: CDL holders face unique challenges and stricter regulations, making specialized legal guidance crucial.

• First-Time Offenses: New offenders can benefit from legal strategies aimed at minimizing penalties and preventing future infractions.

• Military DUIs: Service members who face DUI charges encounter additional legal layers that a knowledgeable attorney can address.

• Repeated Offenses: Handling multiple offenses involves strategies that account for compounded legal repercussions.

• Non-Resident DUIs: Out-of-state drivers require attorneys adept at managing jurisdictional complexities.

• Underage Drinking Cases: Legal representation helps younger clients navigate charges, protecting their future opportunities.

Colorado Springs attorneys are experienced in these scenarios, offering tailored defense strategies for a broad spectrum of DUI cases. With their expertise, clients receive comprehensive legal support designed to address their unique situation effectively.

Understanding DUI Charges in Colorado

First Offenses

When facing a first DUI offense in Colorado, it’s crucial to comprehend the potential penalties you may face. Upon conviction, you could be looking at imprisonment in the county jail for a minimum of five days, but no more than one year. Additionally, fines ranging from six hundred to one thousand dollars may be imposed, along with mandatory useful public service hours. These penalties underscore the seriousness with which Colorado treats DUI offenses, even for first-time offenders.

For those with a blood alcohol concentration (BAC) of 0.20 or higher, the stakes are even higher. In such cases, imprisonment can extend to at least ten days, with fines and public service requirements remaining consistent. The enhanced penalties for elevated BAC levels underscore the state’s commitment to deterring high-risk behavior on the roads.

In Colorado, the legal Blood Alcohol Content (BAC) limits vary depending on the type of driver:

Underage Drivers: For those under 21, Colorado enforces a strict zero-tolerance policy. A BAC as low as 0.02 can result in DUI charges, reflecting the state’s commitment to discouraging underage drinking and driving.

Commercial Drivers: Individuals holding a Commercial Driver’s License (CDL) who are 21 or older are limited to a BAC of 0.04. Given the increased responsibility and the potential risks involved with operating commercial vehicles, the law imposes stricter BAC restrictions to ensure safety on the roads.

Standard License Holders: For drivers aged 21 and over with a standard license, the legal limit is set at a BAC of 0.08. This is in line with national standards and reflects the threshold at which driving abilities are generally impaired.

These varying limits underscore the importance of understanding your specific legal obligations to ensure safe and lawful driving in Colorado.

Second Offenses

A second DUI offense within a certain timeframe carries more severe consequences. Expect imprisonment ranging from ten consecutive days to one year, with fines increased to between six hundred and one thousand five hundred dollars. Moreover, a mandatory probation period of at least two years becomes part of the sentencing. These enhanced penalties reflect the state’s determination to address repeat DUI offenses with greater severity, emphasizing the importance of seeking legal counsel to navigate the complexities of the legal process.

If your second offense occurs within five years of the previous one, the court loses discretion in sentencing alternatives, and you may face additional restrictions on your activities. This lack of discretion underscores the need for proactive legal representation to advocate for the best possible outcome in your case.

Third and Subsequent Offenses

The severity of penalties escalates with each subsequent offense. A third DUI conviction could result in imprisonment for a minimum of sixty days to one year, along with increased fines and mandatory public service hours. Probation is inevitable and may extend up to two years, coupled with a suspended sentence. These escalating penalties highlight the importance of taking swift and decisive action to protect your rights and future.

Felony Offenses

In Colorado, understanding when a DUI elevates to a felony is crucial. Typically, a first DUI offense is classified as a misdemeanor. However, certain aggravating factors can escalate this charge to a felony. Here are the key circumstances:

Multiple DUI Convictions: If you have been convicted of three or more DUIs, regardless of when or where they occurred, a fourth offense is automatically considered a felony. This includes convictions from any state across the country.

Causing Serious Bodily Injury: Driving under the influence that results in serious bodily injury to another person is classified as a felony, even if it’s your first DUI. Serious injuries may involve death, permanent disfigurement, loss or impairment of a bodily function, fractures, or severe burns.

Felony DUI charges carry significant legal ramifications, including lengthy imprisonment periods and hefty fines. Additionally, probation conditions become more stringent, often involving mandatory alcohol treatment programs and ongoing monitoring.

These severe consequences highlight the importance of understanding the gravity of DUI charges and the potential escalation to a felony under these specific conditions.

Navigating Probation

If sentenced to probation, adherence to its conditions is crucial. Failure to comply can lead to imprisonment, fines, and other penalties. However, early termination of probation is possible under certain circumstances, provided the court deems it safe and appropriate. Navigating probation requires diligent compliance and proactive legal advocacy to ensure the best possible outcome for your case.

Ignition Interlock Devices

Courts may require the use of ignition interlock devices as a condition of bond, probation, or participation in certain programs. These devices aim to prevent intoxicated individuals from operating a vehicle, promoting safety on the road. Understanding the potential implications of ignition interlock device requirements is essential for individuals facing DUI charges, underscoring the importance of seeking knowledgeable legal guidance.

When you’re arrested for a DUI in Colorado, you’re looking at two distinct legal challenges. These proceedings run separately and do not influence each other’s outcomes.

DMV Administrative Hearing

First up is the DMV administrative hearing, often called the “express consent” hearing. This isn’t about guilt or innocence—it’s about your driving privileges. After your arrest, you have a seven-day window to request this hearing. If you miss the deadline, expect your license to be automatically suspended. During the hearing, you can present your case for retaining your driving privileges, and a Hearing Officer from the Department of Revenue will make the final decision.

Criminal Court Case

The second is the criminal court case. This is where the legal system decides if you’re guilty of violating DUI laws. The case could be resolved through different paths—charges might be dropped, plea deals offered, or the case might go to trial. Outcomes in this court could involve penalties such as fines or even jail time, depending on the verdict or any plea agreement reached.

By understanding these two processes, you can better navigate the legal landscape following a DUI arrest in Colorado.

Is it Possible to Expunge a DUI Conviction in Colorado?

In Colorado, expunging a DUI conviction from your record is not an option. State laws are quite clear: DUI convictions remain part of public records, regardless of whether you’ve fulfilled all aspects of your sentence and have maintained a clean record following the incident.

Exceptions to the Rule

While the general rule is strict, there are a few rare exceptions:

• Mistaken Identity: If you can prove that your DUI conviction resulted from being incorrectly identified, you might have grounds for expungement.
• Juvenile Offenses: Those convicted of underage drinking and driving (UDD) as juveniles may be able to expunge their records. This opportunity usually arises after a period of 10 years, assuming no further legal infractions.

Why This Matters

Having a DUI on your record can have a lasting impact. It can be flagged in background checks conducted by potential employers, landlords, and even certain volunteer organizations. As such, if you’re worried about how your DUI might affect your future opportunities, consulting a legal expert would be a wise step. An attorney can offer insights into managing the repercussions or exploring alternative legal solutions tailored to your situation.

Complications in Colorado DUID Cases

When it comes to Driving Under the Influence of Drugs (DUID) cases in Colorado, marijuana presents unique challenges. Unlike alcohol, marijuana can linger in the body far longer—sometimes even weeks after consumption. This persistence makes it difficult for drug tests to accurately indicate if a driver was impaired at the precise moment they were pulled over.

Here are some issues contributing to the complexity of such cases:

Testing Limitations: Traditional drug tests often detect marijuana long after its effects have worn off. This can lead to a positive test result even when the driver is no longer impaired, raising questions about the validity of test results.

Variable Absorption Rates: Factors such as age, overall health, metabolism, and how frequently marijuana is used can greatly influence an individual’s THC levels. This variability creates significant challenges in establishing a reliable benchmark for impairment.

Immediate Legal Action: Due to these complexities, it’s crucial for individuals accused of DUID to act swiftly. With proper legal guidance, understanding the specific details of the traffic stop and beginning to develop a strong defense can make a critical difference.

In conclusion, the nuanced nature of marijuana and its effects necessitate a tailored approach in legal defense. Adequate preparation and a thorough understanding of these factors are essential for navigating the intricacies of DUID cases in Colorado.

The Law Firm of Mark S. Hanchey and Ben Peterson also assist people with legal needs in the following areas: Black Forest, Castle Rock, Centennial, Cimarron Hills, Douglas County, El Paso County, Fountain, Highlands Ranch, Parker, and Pueblo County.

In addition to these areas, our dedicated DUI defense team serves a wide range of neighborhoods throughout Colorado Springs. We are proud to offer our expertise in:

• Briargate
• Broadmoor
• Downtown Colorado Springs
• East Colorado Springs
• Knob Hill
• Middle Shooks Run
• Old Colorado City
• Pleasant Valley
• Stratton Meadows
• West Colorado Springs

Our commitment extends beyond these areas, ensuring that residents in and around Colorado Springs receive the legal support they need. Whether you’re in the bustling heart of Downtown or the serene surroundings of Pleasant Valley, our attorneys are ready to assist.

Why Choose The Law Firm of Mark S. Hanchey and Ben Peterson

Facing DUI charges can be a daunting experience, but having the right legal team by your side can make all the difference in the outcome of your case. At The Law Firm of Mark S. Hanchey and Ben Peterson, we understand the gravity of DUI charges and the potential consequences they can have on your life. Here’s why choosing our team of experienced Colorado Springs DUI Lawyers is crucial for your defense:

Experienced Representation

When it comes to defending against DUI charges, experience matters. Our team of attorneys bring decades of experience and a track record of success in handling DUI cases in Colorado. We understand the intricacies of DUI laws and know how to navigate the complexities of the legal system to achieve the best possible outcome for our clients.

Free Consultations

We offer free consultations to individuals who have been arrested for DUI. During your consultation, we will review the details of your case, answer any questions you may have, and provide you with an honest assessment of your situation. This initial consultation allows us to understand your unique circumstances and develop a personalized defense strategy tailored to your needs.

Guidance Through Complex Proceedings

Navigating the legal process following a DUI arrest can be overwhelming, with complicated court and administrative proceedings to contend with. Our team at The Law Firm of Mark S. Hanchey and Ben Peterson is here to guide you every step of the way. We will explain your rights, options, and potential outcomes, empowering you to make informed decisions about your case.

Determining Your Best Chances for Success

With our extensive experience in DUI defense, we can help you determine your best chances for a successful outcome. Whether it’s negotiating a plea bargain, challenging the evidence against you, or representing you in court, we will work tirelessly to achieve the best possible result for your case. You don’t have to face DUI charges alone — let us fight for your rights and protect your future.

Understanding the Cost of Hiring a DUI Lawyer in Colorado

Navigating the legal system can be daunting, especially when facing DUI charges in Colorado. One immediate concern for many is the cost of hiring a DUI lawyer. While prices can vary, several factors influence what you’ll ultimately pay.

Key Factors Influencing Costs

1. Severity of the Charges

   • First-Time Offenses: Typically incur lower costs as these cases might be resolved more quickly, sometimes involving negotiations for reduced charges or case dismissals.
   • Repeat Offenses: With second or third offenses, expect higher fees due to the complexities involved. Trials are more likely, which increases time and costs.

2. Lawyer’s Experience

   • Experienced attorneys often charge more due to their track record and expertise. While their hourly rate may be higher, their ability to effectively handle cases might lead to cost savings overall by achieving favorable resolutions quickly.

Typical Fee Structures

• Hourly Rates vs. Flat Fees:
  • Some attorneys charge by the hour, allowing for greater flexibility in billing based on the case’s demands.
  • Others may offer flat fees for specific services or stages of your case, providing more predictable costs.

Average Costs

In Colorado, the cost to hire a DUI lawyer generally spans from $3,000 to $6,000. These figures can fluctuate based on the aforementioned factors and any additional complexities unique to your situation.

Understanding these variables helps in setting realistic expectations about legal expenditures and in planning your defense strategy financially. It’s crucial to weigh these factors and possibly consult with several lawyers to find the best fit for both your case and your budget.

Avoiding Common Mistakes and Seeking Legal Guidance

Here are some mistakes to avoid if you’ve been arrested for a DUI in Colorado Springs, and how The Law Firm of Mark S. Hanchey and Ben Peterson can help you navigate through this challenging time:

Delaying Legal Representation

One of the biggest mistakes individuals make after a DUI arrest is delaying or forgoing legal representation. It’s crucial to seek the advice of an experienced DUI lawyer as soon as possible to understand your rights and legal options. Waiting too long to consult with an attorney can result in missed opportunities to build a strong defense and protect your interests.

Discussing the Case with Law Enforcement

Anything you say to the police can be used against you in court, so it’s essential to exercise your right to remain silent until you have consulted with a lawyer. Our team at The Law Firm of Mark S. Hanchey and Ben Peterson can advise you on how to handle interactions with law enforcement and protect your legal rights.

Failing to Understand the Consequences

Many individuals underestimate the severity of DUI charges and the potential consequences they can have on their lives. A DUI conviction can result in fines, license suspension, mandatory alcohol education programs, and even jail time. It’s essential to fully understand the potential consequences of a DUI conviction and take proactive steps to defend against the charges.

Not Seeking Legal Guidance

Perhaps the most significant mistake individuals make is not seeking legal guidance after a DUI arrest at all. Our team at The Law Firm of Mark S. Hanchey and Ben Peterson is here to help you navigate through this challenging time. We offer free consultations to individuals who have questions about their DUI charges. During your consultation, we will review the details of your case, answer any questions you may have, and provide you with honest and straightforward legal advice.

Strategies for Fighting DUI Charges

To effectively fight DUI charges, it’s crucial to explore specific defense strategies. These can include:

Challenging Test Results: Examine inaccuracies in field sobriety tests due to subjective assessments or improper administration. Also, scrutinize chemical test results for errors caused by uncalibrated breathalyzers or lab mistakes.

Identifying Inconsistencies: Look for discrepancies in police reports or prosecutor arguments that could weaken the case against you.

Questioning Probable Cause: Assess whether there was a valid reason for the traffic stop or arrest, including any procedural errors like the timing of chemical tests.

Protecting Your Rights: Ensure no violations of your rights occurred during or after the arrest, which could be grounds for dismissing the charges.

By integrating these strategies with the guidance of skilled legal representation, you can build a robust defense against DUI charges.

Deciding Your Plea: Guilty or Not Guilty to DUI Charges in Colorado

Facing DUI charges in Colorado is a serious matter that requires thoughtful consideration. The decision to plead guilty or not guilty isn’t straightforward and should be made with the guidance of a proficient defense attorney. Here’s an exploration of what each choice entails and factors to weigh before making your decision.

Pleading Guilty: What It Means

Acknowledging Offense: By entering a guilty plea, you concede to committing the charge, which typically leads to a conviction. This can affect your record and future opportunities.

Possibility of a Deal: Sometimes, prosecutors offer plea bargains. These deals might reduce the severity of charges or penalties, leading to lesser consequences than a full conviction might bring.

Faster Case Closure: A guilty plea often results in a swifter conclusion, reducing the duration of legal proceedings and sparing you multiple court visits.

Pleading Not Guilty: Advantages and Challenges

Challenging the Evidence: This plea allows you to dispute the charges against you. A skilled attorney can scrutinize the arrest circumstances and any testing methods for errors or inconsistencies, potentially building a solid defense.

Room for Negotiation: Maintaining a not-guilty plea keeps the door open for your attorney to negotiate a reduction in charges or penalties, possibly securing a more favorable outcome.

Trial Opportunities: Should negotiations not yield the desired result, opting for a trial lets you argue your case before a judge and jury, with the potential of being acquitted.

Key Considerations Before Deciding

Analyzing the Evidence: Examine the strength of the prosecution’s case. If there are significant flaws, a not-guilty plea might be advisable.

Past Offenses: Your history, including prior DUI cases, could influence the repercussions of a guilty plea. Understanding this impact with the help of legal counsel is crucial.

Impact Assessment: Consider all potential penalties, from fines and license suspensions to potential jail time. Are these consequences something you can accept?

Legal Guidance: Engage a knowledgeable DUI attorney. They can offer an honest evaluation of the charges and aid in choosing the most strategic path forward.

Long-Term Repercussions: Consider how a DUI conviction could alter your job prospects, insurance rates, and personal life. Weigh both immediate effects and future implications in your decision-making.

The choice to plead guilty or not guilty to DUI charges in Colorado is deeply personal and should be made with comprehensive advice from your attorney. This evaluation will take into account the unique details of your case to find the course of action that optimally serves your interests.

Colorado Springs DUI Lawyers Client Story

This client story is for educational purposes only.

In the heart of Colorado Springs, Kenneth found himself facing the darkest hour of his life. It was a chilly evening when the flashing lights of the police car appeared in his rearview mirror, pulling him over for suspected DUI. Panic surged through Kenneth as he realized the gravity of the situation.

As he sat in the back of the police car, the weight of his mistake settled heavily on his shoulders. Thoughts raced through his mind — the potential consequences, the shame of letting down his family, the fear of what lay ahead. It was a moment of despair unlike any other.

But in the midst of his turmoil, Kenneth found a glimmer of hope. He remembered hearing about The Law Firm of Mark S. Hanchey and Ben Peterson, a team of dedicated attorneys known for their experience in DUI defense. With nothing to lose, Kenneth reached out to them for help.

From the moment he met attorney Mark Hanchey, Kenneth felt a sense of reassurance wash over him. Mark listened attentively as Kenneth recounted the events of that fateful night, offering words of encouragement and support. With his guidance, Kenneth began to see a path forward, a chance to reclaim his life from the grips of uncertainty.

With unwavering determination, Mark and his team dove headfirst into Kenneth’s case. They meticulously analyzed every detail, leaving no stone unturned in their quest for justice. Through countless hours of research and preparation, they built a compelling defense strategy aimed at securing Kenneth’s freedom.

As the trial date approached, Kenneth’s nerves were frayed with anticipation. But standing by his side was Mark, a beacon of strength and resolve. With his experience and unwavering support, Mark instilled in Kenneth a newfound sense of confidence.

And when the day of reckoning finally arrived, Kenneth stood before the judge, his fate hanging in the balance. But thanks to the tireless efforts of Mark and his team, justice prevailed. With a verdict of not guilty, Kenneth felt the weight of the world lift from his shoulders.

In that moment of triumph, Kenneth realized the true power of hope and resilience. And he knew that none of it would have been possible without the guidance and support of attorney Mark Hanchey and The Law Firm of Mark S. Hanchey and Ben Peterson. With their help, Kenneth emerged from the darkness stronger than ever, ready to face whatever challenges lay ahead

If you’ve been arrested for a DUI in Colorado Springs, don’t face the legal process alone. The Law Firm of Mark S. Hanchey and Ben Peterson is here to help you navigate through this challenging time. Our experienced team understands the complexities of DUI cases and is dedicated to providing you with the guidance and support you need.

Free Consultations Available

We offer free consultations to individuals who have questions about their DUI charges. During your consultation, we will review the details of your case, answer any questions you may have, and provide you with honest and straightforward legal advice. Our goal is to help you understand your rights and options so that you can make informed decisions about your future.

Dedicated to Your Defense

At The Law Firm of Mark S. Hanchey and Ben Peterson, we are committed to fighting for the best possible outcome for your case. We will work tirelessly to defend your rights and pursue every available legal avenue to secure a favorable result. Whether it’s negotiating with prosecutors, challenging evidence, or representing you in court, we will be by your side every step of the way.

Contact Us Today

Don’t wait to seek legal representation if you’ve been charged with a DUI. Contact The Law Firm of Mark S. Hanchey and Ben Peterson today to schedule your free consultation. Let us put our experience to work for you and fight to protect your rights and future. Your journey to justice starts here.