EL PASO COUNTY DUI DEFENSE ATTORNEY
The State of Colorado prosecutes driving under the influence of alcohol (DUI) very aggressively. Oftentimes, a skilled DUI defense lawyer can effectively use strategies that cast doubt on the prosecution's evidence, potentially resulting in your charges being reduced or dropped altogether, but it's important that you act fast. If you have been arrested for driving under the influence or intoxicated (DUI) or driving while ability impaired (DWAI), it is crucial that you contact an El Paso County DUI attorney immediately.
Since 1991, DUI lawyer Michael T. Kossen, P.C., has represented clients throughout Colorado, including Colorado Springs, Cimarron Hills, Peyton, Manitou Springs, Fountain Valley, Briargate, and more. At the offices of Michael T. Kossen, P.C., we offer appointments that work with your schedule, and free initial consultations for all DUI cases.
Just what is a DUI or DWAI?
While every state has some from of DUI law, Colorado law is especially strict and includes not only a DUI charge (Driving Under the Influence of Alcohol Drugs or Both), but also a DWAI charge (Driving While Ability Impaired by Alcohol Drugs or Both). Under the DUI law the state must prove that you are substantially incapable of safely operating a vehicle as a result of the consumption or alcohol or one or more drugs or a combination of both. If your blood alcohol content (BAC) is above a .08% you can also be considered DUI. Even if a jury finds you not guilty of a DUI charge, the jury could still convict you of DWAI. In order to prove a DWAI charge the prosecution must prove that your were affected by a combination of alcohol and one or more drugs, "to the slightest degree," so that you were less able then you ordinarily would be to safely operate a vehicle. Colorado law provides a rebuttable inference that a person is at least driving while impaired if their test is above a .05%. Given these standards, it is important that you have a trained DUI attorney on your side to provide an effective and vigorous defense if you have been charged with DWAI or DUI.
Underage DUI ("Kiddie DUI")in Colorado
The legal BAC for people under the age of 21 is much lower than what is allowed for adults. If you are under 21 years of age, you can be arrested for driving while intoxicated if your blood alcohol content is .02% or higher. It is important that you have representation from an experienced El Paso County DUI attorney if you have been charged with underage drinking and driving.
DUI with previous convictions
The penalties for DUI get more serious with each conviction. In the event you have previous convictions for DUI or DWAI in Colorado or any other state, you will face the possiblity of mandatory jail time, increased community service and fines. In the event you have at least two prior convictions and are now facing a third conviction you will face a minimum mandatory jail sentence of at least 60 consecutive days in jail. You should not represent youself, but instead should obtain a skilled DUI attorney to represent you in the event you are charged with DUI or DWAI. Let us help mitigate your situation and get you the best possible result for your case.
Automatic License Revocation, Express Consent and Ignition Interlock Device
Individuals that have been charged with DUI or DWAI also face a separate restraint or revocation of their driving privilege. When you operate a motor vehicle in Colorado you have already expressly consented to the taking of your blood or breath. If your blood or breath sample tests above a .08%, you will face an automatic license revocation on a first offense for 9 months. If you refuse to take a test, the license revocation will be for one year. You can request a hearing with the DMV with respect to this license revocation as long as you do so within the applicable revocation request period, which is normally within 7 days of receiving your revocation notice. If you are revoked, there are ways that you can obtain an "early" reinstatement of your license after 30 days by installing an igniton interlock device on your vehicle and fulfilling other DMV requirements. An ignition interlock device monitors your mouth alcohol and locks your ignition and prevents you from using your vehicle if you test positive for alcohol The use of an ignition interlock device does allow you to obtain a legal driver's license sooner than you would under the standard revocation period and may be required for the reinstatement of your driving privilege if you have prior alcohol driving offenses or if your blood alcohol was deemed to be excessive pursuant to statute. We can assist you in keeping the driver's license ramifications to a minimum and/or getting the revocation action possibly dismissed. Let Michael T. Kossen, P.C. assist you with getting you back on the road with a valid driver's license as soon as possible.
Contact us today for a free consultation
Don't wait to speak to a top El Paso County DUI lawyer about your case. Contact the offices of Michael T. Kossen, P.C., at (303) 791-6500 to schedule your no-cost case evaluation.
