The law office of Michael W. Moran, P.C. specializes in defending against DUI and DWAI criminal charges in Colorado Springs.
Attorney Mike Moran has provided top rated criminal defense against felony and misdemeanor charges associated with drunk driving, driving while ability impaired, and driving under the influence of drugs charges for more than twenty years.
Have You Been Arrested For DUI?
Don’t wait to contact an attorney if you have been charged with driving under the influence, the clock is ticking to keep your license and your liberty.
If you are charged with DUI in Colorado, you will actually have two (2) parallel cases filed against you, a criminal case with a mandatory court date sixty (60) to ninety (90) days from the arrest, and a civil case in which the DMV will attempt to quickly suspend your drivers license.
DMV Express Consent Hearing
This action by the DMV is referred to as an “Express Consent Hearing”. This is no ordinary hearing in that the DWV official who will hear your case is not bound by traditional legal parameters.
You must contact an expert attorney immediately to protect your legal rights at this hearing if you wish to retain your driving privileges while awaiting your court date on the criminal side of your DUI case. On some DUI / DWAI charges, you must act within SEVEN DAYS to request a hearing before the Department of Motor Vehicles or you forfeit your driving privileges.
What Are The Defenses Against DUI In Colorado Springs?
It all depends on the circumstances of your arrest. Mike Moran’s assessment of a drinking and driving charge has many steps. The initial evaluation starts with how a driver was stopped by a police officer.
- A person may have been stopped as a result of a simple traffic infraction or at a DUI checkpoint.
- There could also be a REDDI (Report Every Drunk Driver Immediately) report made by a citizen who observed a person’s erratic driving, or an automobile accident.
Was There Probable Cause For A DUI Arrest?
After initial contact has been made by the police officer there must be probable cause of an alleged allegation of drinking and driving for the officer to continue to detain a person.
- Probable cause can generally be satisfied by the smell of alcohol on a person’s breath, bloodshot watery eyes and slurred speech.
- If these initial factors are met, a police officer may ask you to complete voluntary roadside maneuvers.
- It is essential to understand that you ARE NOT REQUIRED to complete roadside maneuvers. Refusing to participate in roadside maneuvers will not affect your case, in fact, it will assist in your defense!
Blood Alcohol Content (BAC)
If an arrest is made, according to Colorado Revised Statute, a law enforcement officer is generally required to offer a person a choice of a blood test or breath chemical test to determine his or her alcohol content.
- Colorado has two distinct alcohol level contents. In Colorado, a driving while under the influence allegation means that a person is substantially impaired by the use of alcohol with a blood alcohol content (BAC) of .080 and above.
- Additionally, a driving while ability impaired by alcohol allegation means that a person is impaired to the slightest degree with an alcohol content of .050 to .080.
What Happens After You Have Been Charged With DUI?
Court proceedings begin approximately thirty to sixty days after a person has been arrested and formally cited with a summons for driving under the influence.
- During the this time, our office performs a thorough investigation of the circumstances leading to your DUI charges while defending your driving privileges against DMV suspension.
- This investigation includes obtaining all police reports, 911 tapes, call screens of the incident and analyzing the chemical test results as well as the roadside maneuvers.
- Our office will order the retest of the state’s blood test result to look for procedural flaws, interview witnesses, and collect evidence of your innocence to use in your defense.
Prior to your trial date, Attorney Moran will analyze all of the facts surrounding your arrest and build a proven defense strategy to protect your future and preserve your liberty.