Colorado Springs DUI Defense
The law office of Michael W. Moran, P.C. are DUI and DWAI specialists 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”. Be aware 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.
How Will An Attorney Help With A DUI Charge?
Have a highly experienced Colorado Springs DUI Attorney fight for you can immediately improve your chances of avoiding a DUI conviction. A trained DUI specialist can make the difference you need to avoid a conviction by closely examining the circumstances of your arrest.
Formulating an effective defense against a drinking and driving charge has many steps, and it begins with the initial evaluation starts with how a driver was stopped by a police officer.
- Were you stopped as a result of a simple traffic infraction or at a DUI checkpoint?
- Were you reported as driving erratically by another driver? The REDDI (Report Every Drunk Driver Immediately) service is made available by the state of Colorado for public safety.
- Were you involved in an accident in which your were suspected of being under the influence?
Establishing the facts surrounding the exact reason for your first contact with police is a critical foundation of a successful DUI defense.
Was There Probable Cause For A DUI Arrest?
After initial contact has been made by law enforcement, the police officer must establish a probable cause to support an arrest for DUI or DWAI. Probable cause can generally be established by:
- The smell of alcohol on a person’s breath.
- Bloodshot, watery eyes.
- Slurred speech.
- If you fail the Field Sobriety Test.
What Is A Field Sobriety Test?
These tests were formulated by the National Highway Safety Administration (NHTSA) to assist police officers in determining if there is probable cause to arrest an individual for driving while impaired.
Can you legally refuse to do a field sobriety test in Colorado?
Yes, the field sobriety test is voluntary in Colorado, and there are no negative consequences if you refuse to perform one.
Experienced officers will often attempt to trick you by implying that you will automatically lose your driving privileges for a year if you refuse to perform a field sobriety test, but that is false.
You have every right to refuse to a field sobriety tests, and refusal will not affect your case. In fact, it will assist in your defense.
What Happens If You Are Arrested For DUI?
Colorado Is An “Express Consent State”, which means that you must submit to a chemical test (blood or breathalyzer) after you are arrested on suspicion of DUI. If you refuse to do so, your drivers license will be automatically suspended for one year.
Blood Alcohol Content (BAC) Test
The BAC test will determine what charges are formally filed against you based on the concentration of alcohol in your bloodstream.
- A DUI charge means that a person is substantially impaired by the use of alcohol with a blood alcohol content (BAC) of .080 and above.
- A DWAI charge means that a person is impaired to the slightest degree with an alcohol content of .050 to .080.
After DUI Charges Are Filed
Immediately after formal DUI charges are filed in your case, we notify Colorado Springs DMV that we are contesting the automatic suspension of your license and will be representing you at your DMV hearing.
During the time between your arrest and first court appearance, our office performs a thorough investigation of all circumstances and evidence leading to your DUI arrest.
- 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.
formal court proceedings will begin approximately thirty to sixty days later.
Prior to your trial date, Attorney Moran will analyze all of the facts surrounding your DUI arrest and build a proven defense strategy to protect your future and preserve your liberty.