DUI Advice

A DUI Arrest on New Year’s Eve

This last weekend, everyone in Colorado Springs and in the Denver metro area celebrated the coming of the new year.  As with any New Year’s holiday, most people chose to ring in the new year by drinking with their friends and having a good night.  Unfortunately, after all of the parties die down and it is time to go home, people think they are sober enough to drive.  In most cases and as the Colorado Springs Highway Patrol officers have found out, they are not sobered up yet.

Police officers in Colorado Springs and the surrounding cities were on the look out last Saturday for anyone driving under the influence.  If you drove on Interstate 25, you were certain to see police officers lining the side of the road, waiting to pull over anyone exhibiting suspicious driving behavior.  It has been reported that police officers in Colorado Springs make the most DUI arrests over the holidays of New Year’s Eve and St. Patrick’s Day due to the drinking activities that take place on those holidays.  People go out with their friends looking to have a good time and then attempt to drive home while being intoxicated.  Their poor driving behaviors start by swerving a little here and there and then they end up either colliding with another vehicle or colliding with the guard rail on the side of the freeway.  Police attempt to curb this dangerous driving by having strict penalties and in most cases, jail time.  Even with restrictions in place and the laws clearly announced to the public of Colorado Springs and surrounding cities, people still break the law and put themselves and others in danger.

If you are thinking that you can have a few drinks and attempt to drive, Colorado Springs DUI attorneys and police officers are asking you to exercise caution.

“Each year on New Year’s Eve, there are several kids (and adults) who drink with their friends and then skip between different parties or try to drive home while intoxicated.  This creates a very dangerous atmosphere for our community and the laws should be held up to the highest standard.  Not only are you guaranteed to be heavily fined and be put in jail for a certain time period, but you will have your license revoked and will have the charge on your record for a very long time.  Although DUI cases help our law firm, we want the community to be safe and for those who decide to drink alcohol to do so in a responsible manner” – DUI Attorney, Colorado Springs

If you decided to drink and drive on New Year’s Eve and have received a DUI charge, contact a Colorado Springs DUI lawyer right away.

How to Fight a DUI: Part Two

We recently posted about how to fight a driving under the influence charge in the state of Colorado.  Although we covered some very key points, we would like to continue with the advice offered from Colorado Springs DUI attorneys.  We have already noted that you should try to write down everything you can remember from the night you were charged with a DUI and that you should gather any and all paperwork relevant to the charge.  Now, we would like to discuss how to request a hearing, determining whether to request an officer at the hearing and the best way to contact an experienced DUI attorney Colorado Springs trusts.

When you have been involved in a DUI charge, it is always a good idea to request a hearing at the Colorado Springs court.  A hearing should be requested to discuss the revocation of your driver’s license.  If you request a hearing and you do not hear back about anything within 90 days, you have a very good chance of having your license returned to you.  If you refused to take a breathalyzer test because you believed you were innocent at the time of the DUI charge, you should also request a hearing.  It is important to request this hearing within seven days of being issued a DUI charge or serving any jail time related to your DUI charge.  Before requesting a hearing or going to the Colorado Springs DMV (department of motor vehicles), contact a competent attorney to help you out.  They will make sure you have a strong case before you try to set up a hearing.

Once you have decided to have a hearing, you will need to decide if you want the officer who issued the DUI present in the courtroom.  More often than not, requesting that the officer who issued the charge be present is not a good idea.  Police officers who are present in the courtroom during a DUI hearing have historically been known to exaggerate the facts and supplement any information they may have forgotten to record at the time of the charge.  The only time an officer should be present at the hearing is if there is a complete lack of evidence involved in your DUI case.  If the officer does not have any evidence to incriminate you, the entire charge could be dismissed.

The final and most fundamental step of fighting a DUI charge is to pick a Colorado Springs DUI attorney who is competent, reliable and successful with DUI cases.  You need to choose a DUI or criminal lawyer Colorado Springs trusts with a serious charge like a DUI charge.

How to Fight A DUI: Part One

When you have been charged with driving under the influence (DUI), there are a few things you need to consider.   Your first choice would be to hire a qualified and experienced DUI attorney who is in a city close to where you were arrested.  You and your attorney will then work toward fighting your DUI case in a strategic manner.

When people have been arrested in Colorado Springs and charged with a DUI, they are very shaken up about the arrest.  In most cases, people have only had a few a beers at a concert or they had one too many glasses of wine at dinner.  Unfortunately, this is the kind of behavior that Colorado Springs police and Colorado Highway Patrol officers are keeping an eye one.  Should you be arrested for a DUI, you need to gather all of the paperwork relevant to your arrest and provide it to your Colorado Springs DUI attorney.  Your attorney will then fact check the paperwork for any errors or inconsistencies that can be used to defend your DUI case.  You should also try to preserve any receipts or other paper documents you obtained earlier in the night that can prove you were not over the designated limit.  These documents may include debit card receipts, credit card receipts, restaurant receipts or bar receipts.  If the receipt can prove that you were not over the limit at the time of your arrest, your DUI charges have a chance of being dismissed.  Additionally, a receipt from the tavern you were drinking at has the possibility to prove that the breathalyzer test issued by the police officer is inconsistent with how intoxicated you really were.

The next step your DUI attorney will advise you to do is to write down everything you can remember from the night you were arrested.  Although this may be a difficult task, it will provide the best way for your attorney to attack the case.  If you can remember something from the night of your arrest that is not consistent with what the police officer or Colorado Highway Patrol officer states, it could be a way for your attorney to better approach the case.  Try to sit down with your attorney and write down anything and everything you can remember.  Unfortunately, the police are trained to take notes on things that could be incriminating to you.  If you and your Colorado Springs DUI attorney are able to prove something the officer said is wrong, you will have a better resolution to your case.

Colorado Springs DUI lawyers have more tips for you, so stay tuned!

 

Be Careful During the Holidays

The Colorado Highway Patrol and Colorado Springs police are much more strict about DUI charges during the holiday season.  Every year, the Colorado Springs police see the number of drunk drivers rise and they would like to do anything possible to curve the number of people driving illegally, even if that means harsher penalties, fines or even jail time.

We spoke with Jeremy Brenner, a resident of Colorado Springs, who recently received a DUI charge following a family trip over Thanksgiving.  For the knowledge of other people who may be thinking about drinking and driving, Jeremy has asked us to share his story here.

Every year, my girlfriend and I drive up to Greeley to have Thanksgiving dinner with my mother and father-in-law.  My entire family gathers for the meal, to watch football and to a have a few drinks afterward.  Unfortunately, a few drinks turned into too many drinks this year.  I was having a few beers with my brothers throughout the day and we decided to keep drinking into the evening.  I knew I was pretty close to my limit, but I figured my girlfriend could drive us back to the Springs if I actually got too intoxicated.  Little did I know, my girlfriend was upstairs the entire time drinking wine with my mother.

When we both got ready to drive home, I asked her to drive.  She explained to me that she was not feeling at her best and that I should.  I told her I was a little intoxicated, but I felt I could handle the drive.  My mother offered to have us stay with her for the night, but we both felt we could make the two hour drive back to Colorado Springs.

We headed for Interstate 25 and began our trek home.  I was doing fine at first, but noticed my usual level of coordination was not there.  I was swerving quite a bit and was worried about my driving the closer we got to Colorado Springs.  We were able to make it past downtown Denver, but then I was pulled over close to home.  It was a very embarrassing ordeal and I was fined $1,500 for it, even after contacting a Colorado Springs DUI attorney.  Looking back on the situation, I wish we would have just stayed in Greeley and avoided this entirely. – Jeremy Brenner

If you find yourself in a similar situation as Jeremy, please do not attempt to drive.  If you choose to drink and drive, you could be pulled over, be arrested, endanger other people and have to pay for a Colorado Springs DUI attorney to get involved.  A Colorado Springs DUI is a serious offense and will be fully enforced by the law.  We hope this helps you if you are thinking about drinking and driving!

 

 

A False DUI Charge?

Attorneys are beginning to see more cases where someone was pulled over for speeding and then the officer accused them for driving under the influence.  If you have been in this situation, but you were not driving under the influence, you need to contact an attorney right away.

James Brower of Castle Rock, Colorado was visiting a friend in Colorado Springs back in July of 2011.  Once he was done visiting his friend, he decided to drive home via Interstate-25.  Interstate-25 has a strict speed limit of 65 miles per hour wherever construction is not being performed.  James was not paying close attention to his speed limit and accidentally sped up to 78 miles per hour.  He passed a Colorado Springs highway patrol officer on the side of the road and quickly reduced his speed, as many people do who pass a police car.  Unfortunately, the officer followed him for about a mile and then pulled him over.

The officer began going through the motions by collecting James’ license and his registration information.  The officer sat in his patrol car for about 10 minutes before returning to the car.  The officer informed James of him breaking the speed limit and told him he would have to write a ticket.  At that point, James understood that he was only being charged for speeding.  The officer then asked James to get out of his vehicle and accused him of driving under the influence.

“I was only speeding and I didn’t have anything to drink the entire night,” James remembers.  The officer requested James perform the roadside sobriety tests, but he refused.  He was sober and rightfully thought the officer was stepping out of bounds.  The officer went on to let James know that he would be arrested and taken back to the Colorado Springs jail if he failed to cooperate.  James did not cooperate and was hauled off to jail, where he was forced to perform a breathalyzer test.  The breathalyzer test proved he did not have any alcohol in his system and he was let go.  Unfortunately, he was forced to pay $35 for a cab and $400 to get his car from the impound.

In James Brower’s case, he was wrongfully charged with a crime he did not commit and was forced to spend money he otherwise would not have.  Colorado Springs DUI lawyers have seen many cases like this and are now speaking out to offer their expertise.  Most any Colorado Springs criminal defense lawyer would agree that a serious false charge like a DUI needs to be taken to court.

 

Recently Charged?

If you have recently been charged with a driving under the influence charge or other criminal offense, do you know what to do?  Are you aware of your rights?  Attorneys in Colorado Springs are trying to reach out to those charged with crimes to ensure they can be properly represented.

Attorneys in Colorado Springs are very aware of the consequences of a DUI charge and know how to help.  It happens all too often that people get charged with a crime and are unaware of their rights.  They end up getting put in jail when they did not necessarily have to.  Although a DUI charge is a serious charge, there are ways to reduce your jail time and / or associated fines.

If you or a friend has recently been charged with a DUI, contact one of the many Colorado Springs DUI attorneys to help with your case.  At the very least, an attorney will help reduce your jail time.

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Celebrities & DUI Charges

Driving under the influence is a common thing among many people, including celebrities.  It was recently reported that Ben Wallace, a former NBA player known for his strict defensive play, was arrested for a DUI outside of Detroit, Michigan.  Before his professional basketball career came to a close, Wallace was the Detroit Piston’s defensive leader.  Now, after retiring from the NBA last season, he is enjoying his retirement too much.  With his recent arrest, many people are asking what sort of charges he may face.  Many people believe that celebrities are able to avoid the law and receive a smaller fine than the common citizen.  Is this true?

As we have stated in the past, DUI laws are becoming more and more strict.  In Colorado Springs and abroad, police officers are enforcing drunk driving laws with stronger penalties including significant fines and jail time.  We constantly read in the newspaper that celebrities and famous athletes are being arrested for drunk driving behavior.  The question we all ask is whether they are being punished with strict fines or if they are in some way penalized like you and I.  The truth of the matter is yes, they are.  Whether it is a famous movie star or athlete like Ben Wallace, the penalties are the same.

In the case of Wallace, he was required to appear in court in front of a judge on October 3rd where he was found guilty of drunk driving charges.  Appearing in court in front of a judge is standard practice that anyone who is charged with drunk driving behavior must do at one point or another.  Wallace now faces jail time and a large fine for his behavior.  Jalen Rose, another former NBA player of the Phoenix Suns & Indiana Pacers, was also convicted of driving under the influence.  His judge, Kimberly Small, sentenced him to serve jail time and he received a large fine.  Again, this case just goes to show that celebrities cannot avoid the law when it comes to DUI charges.

As we have covered, anyone arrested for a DUI cannot avoid the penalties associated with such a charge.  However, if you are wrongfully arrested you may challenge the charge in court. Colorado Springs DUI attorneys have indicated that most people simply pay their fines and serve jail time, even if they are not properly convicted.  It is very important for anyone arrested on a DUI charge to have proper legal representation.  For a DUI attorney, Colorado Springs has experienced and knowledgeable professionals who provide help for anyone who believes they were wrongfully charged.

 

Self-Representation: A Good Idea?

Hello Everyone,
We have all heard stories about untrained, everyday people  successfully defending themselves in court.  They pick up a few buzzwords of legal jargon, and find that the arresting officers did not follow protocol during the arrest, or they prove that someone else was in error and they get off Scott-free.  Unfortunately, these things rarely happen at all, and self-representation often has dire consequences, as opposed to a positive outcome.
Today we are going to discuss why it is important to hire a lawyer for a DUI case, as opposed to representing yourself.  You may think that a DUI is straightforward enough that you could represent yourself in court and do well, but these cases can be very difficult to navigate, and we strongly recommend getting a lawyer to help you with your case.  Avoiding the maximum penalties and the worse case scenario in your DUI trail requires the experience of a professional lawyer.
Many legal professionals note that hiring a lawyer in DUI cases is especially important because the system, and judges, juries, police officers, look at DUIs as a crime that they should punish to the fullest extent of the law.  If you want to keep your freedom, and preserve your reputation, it is important that you hire a good DUI lawyer.
Since criminal defense lawyers defend DUI cases quite often, they are extremely familiar with the system, the prosecutors, and the evidence at hand.  They can easily tell when a police officer has not completely followed protocol, and therefore get the case against you dismissed, or the charges lessened.
Think of hiring a lawyer as an investment in protecting your personal and financial freedom.  Learn how to find a good one by listening to what other people have to say about them.  Look for someone who has been practicing nearly exclusively DUI law for a long time.  The better they know the system (especially the Colorado Springs system), the better your chances are of getting a lesser charge and being able to get on with your life.  Remember that feeling the full weight of the law for a DUI conviction can lead to years and years of paying for your mistake.  Having a good lawyer will prevent this from being true in your case.
Need help finding a good DUI lawyer?  This Colorado Springs criminal defense attorney does great work.
Thank you for reading!  Until next time…

What Everyone Should Know About Probation

Hello Everyone,
Today we are going to discuss what you should know about your probation.  In Colorado, the terms of your probation depend on a variety of factors. If you have been convicted of your first DUI, then the penalties and restrictions of your probation are most likely quite a bit lighter than they would be for a second or third DUI.  We often get asked if going on vacation outside of the state during your probation would be a violation of its terms.  This very much depends on what the judge decided during your sentencing, and you should consult your lawyer and probation officer before finalizing any vacation plans.  If neither of these two people have the information you need, you can always go to the court house and ask them to locate the documentation.
While a vacation is one matter, moving to another state is another.  If you wish to move during your probation, you can put in a request to transfer your probation.  If it is denied by your probation officer, you can have your attorney file with the court to get a judge to review your petition.  Whatever you do, you should not simply leave the state and expect your probation to go away.  Plenty of people do this, and there are serious criminal repercussions for doing so.  If you ever want your record to be clear, you need to attempt to switch over your parole through the proper channels.
If you are looking into moving out of the state while still on probation, and it is a misdemeanor (first offense DUI), it is very likely that you will be allowed to move.  You do, however, have to give a good reason for the move, which could be 1) a new job 2) family issues 3) other financial or personal matters.  Again, try to refrain from making serious plans until you have made sure to clear the move with your parole officer.
We say this quite a bit on our blog, but just remember that after your DUI conviction, there are still a number of things you can do to better your changes of going back to a normal life as soon as possible.  If you take actions such as working with your parole officer to switch over your parole before moving to a new state, you are boosting your chances of getting off parole early, or getting your record expunged so that you can stop feeling like a criminal and go back to the life that you knew before you were arrested for your DUI.  If you have any questions at all, please do not hesitate to give a good Colorado Springs DUI attorney a call.
Thanks for reading!

How to Behave During a DUI Arrest, Part II

Hello Everyone,

Welcome to our second post in this series on how to avoid harsh punishments in a DUI situation.  In our first post, we discussed the importance of being polite and avoiding admitting guilt.  In today’s post, we will discuss various sobriety tests and how to use them to your advantage.  We will finish the segment with a few clever ways to create evidence that is favorable to you.

Do not agree to take a “breathalyzer” test.  These tools are unreliable, and there is no law saying that you have to take such a test, if you are over 21.  If you refuse the test, you will most likely go to jail, but the law will have less evidence against you.  If you have had nothing to drink, which is unlikely in this argument, feel free to take the breath test.  If you have been drinking, taking the test will only hurt your chances.  Ask to take a blood test.  They are even less accurate than breath tests.  Since so much can go wrong with a blood test, it is easier for your attorney to dispute the charges.

Do not agree to take field sobriety tests.  Similar to ‘fumbling’ which we spoke about earlier, it is entirely up to the arresting officer whether or not you preform them well.  Once again, if you refuse the test, you will be taken to jail, but there is less evidence against you during the trail.

If you have other people in your car, allow them to act as witnesses.  Be sure they take note of everything that is happening.  This way, your passengers could help counter statements made by the police officer.

This is a creative way to help beat your charges that is not traditionally given: When you get to the police station, call a friend.  Ask them to listen carefully to the way that you are speaking, and note that you are not slurring and that you sound coherent and sober.  They can be a witness at your trial.  You can also leave message on your own machine as concrete, taped evidence of your sobriety.

And last but not least: getting arrested is scary, and if you were intoxicated the whole experience might be difficult to remember.  Try hard to pay attention to every thing that happens during your arrest. When you get home, write it all down.  Give this to your lawyer.  It may be important to beating your charges.

When it is all said and done, the best way to get a lighter sentence on your DUI is to hire a great Colorado Springs DUI lawyer for your case.
Thanks for reading!