DUI Defense

DUIs in Colorado automatically come with very harsh penalties including heavy fines, an interlock, and more. Call experienced DUI attorney James Newby for a Free consultation.

DUIs in Colorado automatically come with very harsh penalties including heavy fines, an interlock, and more. Not to mention that a DUI can affect parts of your life you had never considered before. Read the blogs below to understand the implications of a DUI charge and call James to help lessen or dismiss your Colorado Springs DUI charge today. 

It will come as no surprise that driving under the influence (DUI), is the most serious criminal charge you can face for your conduct while behind the wheel in Colorado, especially if someone ends up getting hurt or killed. For many criminal charges, it is often the most prudent strategy to try to get prosecutors to reduce the charges to a lesser offense with less harsh penalties upon conviction. But can that be done with DUI charges? Can you reduce your DUI to a charge of reckless driving?

Long after fines have been paid, jail sentences served, or license suspensions ended, a Colorado Springs DUI conviction can haunt you for a long, long time. That is because your DUI arrest and conviction will become part of your criminal record. Employers, schools, lenders, insurance companies, and others will see that DUI on your record. You could lose out on or be denied opportunity after opportunity, all because of the stain on your history that shows up on your criminal record. But will that DUI be on your record forever? Is there a way to get your Colorado Springs DUI expunged or sealed?

There is no getting around it: a conviction for DUI in Colorado is a bad thing. Anyone who tells you otherwise - whether it be your next-door neighbor or a criminal defense attorney – is not being straight with you. If you’ve been charged with a Colorado Springs DUI, you will want to do everything possible to avoid a conviction, starting with hiring an experienced DUI defense attorney who can aggressively fight the charges or work with prosecutors to minimize the consequences or penalties.
But how “bad” your DUI is in terms of its ongoing impact on your life depends on a lot of factors. Your DUI can wind up being a footnote in the story of your life or a whole chapter.

You’ve worked hard to build a life for yourself and your family here in Colorado after immigrating to the United States. You know how challenging the immigration process is and how confusing immigration law can be. But you’ve followed the rules, obtained your coveted green card, and your future here looks bright. You may even be on the verge of becoming a U.S. citizen.

And then you get charged with DUI. Now, everything hangs in the balance.

A Colorado Springs DUI conviction can have wide-ranging and profound impacts on your immigration status, including your ability to become a naturalized citizen as well as the risk of deportation.

If you’re a non-citizen residing in or around Colorado Springs, you face all of the same consequences of a DUI conviction that US citizens do: jail time, hefty fines, loss of driving privileges and more.

Wednesday, 30 December 2015

Avoid a DUI During the Holiday Season

At this wonderful time of year, there are always reasons to celebrate. Regardless of your faith, it is a time of year when family and friends are important. For many, these gatherings involve alcohol.

If you drink during the holidays, there are many things to remember and some advanced planning can save you both regret and money. Please allow me to give you some advice when it comes to alcohol and the holiday season (or for that matter any season).

Wednesday, 29 July 2015

Make Sure You're Ready For Trial

A recent DUI case demonstrates the reason to have an experienced DUI attorney by your side during the Court process in Colorado. My client and his friend were driving his truck off-road in a field.  A part of the truck broke rendering it impossible to move another inch. My client got out of his vehicle and surveyed the damaged. Clearly, he was not going anywhere. He walked home to his friend’s house where the two of them drank for several hours. Finally, the friend's brother came home and offered to give both of them a ride back to the scene to find out if they could tow his truck home.

My client probably searched the internet for a DUI defense attorney in Colorado Springs or Colorado Springs DUI lawyer before he found me. We met shortly after the crash that nearly took his life. He said he found me on the internet. In looking at him, one would think that he was beaten nearly to death. His face was black and blue. His body was injured. He walked with a limp.

Sunday, 31 May 2015

Colorado Felony DUI Bill

The legal landscape in Colorado is about to change as it relates to DUI’s. The legislature passed what is known as the Colorado felony DUI bill and it awaits the governor’s signature to become law. As a Colorado Springs DUI lawyer, it is important to warn the citizens of Colorado Springs that the penalties for multiple DUI’s is about to become much more severe.

As a DUI defense attorney in Colorado Springs, I get a variety of evidence in the DUI cases I defend. Some cases have almost no evidence against my client at all. For example, when my clients refuse to take voluntary roadside maneuvers and a blood or breath test, the only evidence are any observations of the officer regarding intoxication. Other cases, my client confesses to drink outrageous amounts of alcohol, wrecks his vehicle, falls over several times during the roadside tests, and completes a blood test with a dangerously high amount of alcohol in his system.

The 5th amendment of the Bill of Rights states that a person shall not be “compelled in any case to be a witness against himself…” The founding fathers felt that it was very important to give those accused of crimes the right to be quiet. A person cannot be compelled to give verbal evidence against oneself. The issue gets complicated as indicated by the large amount of litigation surrounding the issue, but one thing is certain. You have the right to remain silent and a clear invoking of that right will ensure that your silence is not used against you.

Thursday, 09 April 2015

Colorado Marijuana DUI

Colorado Marijuana DUI

Colorado is one of the first states to legalized marijuana, leading to a variety of issues related to driving under the influence (DUI). As a DUI defense lawyer in Colorado Springs, I am seeing more people charged and prosecuted for marijuana DUI’s. The purpose of this article is to explain some of the basic information related to smoking or ingesting marijuana and then driving a motor vehicle.

As part of any sentence for a crime in Colorado, the Court is to consider several factors and purposes in determining the appropriate sentence. Colorado Revised Statute 18-1-102.5 states as follows.

If you are arrested for a DUI in Colorado Springs, there is a high likelihood that your ability to legally drive in the State of Colorado may be in jeopardy. When you are pulled over and suspected of being over the legal limit, law enforcement will ask you to complete what they term “voluntary roadside maneuvers”. If the law enforcement officer decides that you did not satisfactorily complete the tests then they will arrest you for driving under the influence.

In Colorado, when you are arrested for DUI, you are presumed to have given your consent to have a chemical test or your blood or breath taken, if law enforcement has probable cause to believe you are under the influence of alcohol or drugs.  In other words, if you refuse to take the test you will lose your license for a period of one year. If you take the test and your blood alcohol level is over the legal limit then you also will lose your license for a period of time. That period is based on the number of priors and in what period of time you had prior DUI’s. If you take a breath test, the result is immediate so you will know if you are over the legal limit at the point of taking the test. If you complete a blood test, the results will not be known for approximately one – two months.  Regardless of whether the test is breath or blood, a person has seven days from the notice of revocation to request a hearing at the Colorado DMV. If a hearing is not requested in that time frame then the person is deemed to have waived that right. A hearing is an opportunity to confront the officer who issued the citation and question him under oath regarding his findings. In the event that the officer does not appear at the hearing, then the person automatically wins the hearing and their license will not be suspended at that time. Depending on the circumstances, it may be suspended at a later time if a conviction enters through the court system. Without legal assistance, it is unlikely that you will prevail at a DMV hearing for DUI due to the complex nature of DUI’s and DWAI’s. Don’t do this alone. Get competent help from someone who knows the DMV system and can walk you through it. If you are charged with a DUI, the DMV is an important part of the system and an important time to have a Colorado Springs DUI Attorney involved. The DMV hearing is an opportunity for your attorney to cross-examine the officer under oath, potentially finding a weakness in the case which may help you prevail at trial. Believe it or not, DMV hearings can be won. If you are facing revocation for a DUI or DWAI please contact a Colorado Springs DUI attorney now. Call James Newby for a free consultation.

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If you find yourself charged with a DUI or other crime, now what do you do? Often when I talk to potential clients, one of the questions they often ask is whether they need a lawyer. The answer may seem self-serving, but yes I think every person charged with a crime, with the exception of minor speeding tickets, should have a top notch Colorado Springs Criminal Defense attorney or DUI Defense attorney. The reason for this answer is because of the way our legal system operates in Colorado.

It’s that time of year again – Super Bowl time! It’s a time when people gather with family and friends to enjoy the world championship of football. You will probably enjoy lot of food (and calories), good times, and for many people, alcohol. More people will drink alcohol while watching the Super Bowl than at almost any other time of the year.Depending on your perspective, that isn’t a problem until the game is over, the party dies down, and everyone starts heading home. That’s when law enforcement officers are out in force to catch drunk drivers and potentially charge you with a DUI. If you get caught in that situation you will need a DUI defense attorney in Colorado Springs who knows how to help you.

As a Colorado Springs DUI Lawyer, people often ask me how much is too much to drink and then drive. People seem to want to know how close they can get to the line without crossing over. This attitude may lead some to walk dangerously close to the edge of the cliff and perhaps some may even call over the edge. This time of year is a time of rejoicing and love. No one wants to spend it in regret and sorrow for poor choices. During the holidays, people spend time with family, friends, and co-workers celebrating the joy of the Christmas season. Often in celebrating, people attend parties where they consume alcohol, at times to excess. Unfortunately, some people who consume too much alcohol also choose to drive home, putting themselves and the public at risk.

Getting a DUI in Colorado Springs can be long lasting and painful. It is important to hire a Colorado Springs DUI Attorney who knows the system and is not afraid to challenge the prosecutor and the police.

An experienced DUI attorney Colorado Springs is a must-have if you have been charged with driving under the influence. A good lawyer is extremely beneficial because he will be able to provide you with the best possible defense and he gives you the greatest chances of obtaining an acquittal or a reduced sentence.

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Colorado Springs Criminal Defense Attorney James NewbyCall us (719) 247-2700

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James Newby Law
128 S Tejon St #402
Colorado Springs, CO 80903
Office Hours: M-F 8:30am - 5:00pm
Appointments available 24/7