DUI Defense - Page 2

DUI defense essentials and actionable tips from Colorado Springs DUI defense lawyer James Newby.

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. 

Monday, 08 October 2018

Colorado Springs DUI FAQs

Colorado’s drunk driving laws can be tricky and complex. There’s much more to a charge of driving under the influence (DUI) than whether or not your blood alcohol content was above the legal limit. If you’ve been arrested and charged with DUI, or you just want to be prepared in the unfortunate event that you find yourself pulled over for suspicion of driving under the influence, here are some of the most common DUI questions I get as a Colorado Springs DUI attorney:

You need to begin the process of finding and hiring your DUI defense lawyer as soon as possible after you’ve been charged. As you start your search, here are some tips for selecting the attorney who will stand up for you and stand between you and all the harsh consequences of a DUI conviction.

Even the most accurate scientific instruments can produce inaccurate results if they are used incorrectly, are improperly maintained, or are damaged. The breathalyzers and other breath-testing devices used by Colorado law enforcement to determine the blood alcohol content (BAC) of drivers suspected of driving under the influence of alcohol are no different. While the results of breathalyzer tests can be the key to a drunk driving conviction, proving that those results were flawed and unreliable can be the key to an acquittal or dismissal of the charges. If you are charged with a DUI, contact a criminal defense attorney immediately.

Wednesday, 07 December 2016

Colorado DUI Defense During the Holidays

The holidays are upon us and that means that holiday parties are upon us as well. Office parties, gatherings of families and friends, New Year’s Eve festivities – these annual events almost always have one thing in common: booze. Statistics show that the number drunk driving accidents, injuries, and deaths spike during the holiday season. Colorado law enforcement knows this; that’s why they are especially aggressive in going after drunk drivers during this most wonderful time of the year.

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.

There are just two ways a Colorado Springs DUI conviction can impact immigration status.  Learn more.

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.

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 pulled over in Colorado and the law enforcement officer has probable cause to believe you are under the influence of alcohol or drugs, did you know that you have already given your consent to have a chemical test of your blood or breath?

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.

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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