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. 

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