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DUI

Colorado Springs DUI Lawyer

Navigating the Legal Process of a DUI

Unlike the case with many other crimes, most people who are arrested for DUI do not have any prior history of criminal activity. People who are charged with DUI include college students, businesspeople, housewives, and commercial drivers. Perhaps they are driving home from a party, maybe they had one too many drinks with dinner, or maybe they have a drinking problem. They do not, however, set out to commit a crime.

If you have been arrested for drinking and driving, you can turn to the Colorado Springs DUI defense attorneys at Clawson & Clawson, LLP for help navigating the complex criminal process ahead of you.

Hire a Former Prosecutor for Your DUI Case

Challenging DUI Evidence

One of the first questions we ask about a drunk driving case is, "Did the police officer have probable cause to investigate?" You have a constitutional right against unreasonable search and seizure, meaning that you cannot be pulled over and investigated for a crime such as DUI unless the officer has a warrant or can demonstrate that there is probable cause to suspect that you have broken the law. If the answer to the question is "No," our defense attorneys may be able to have the charges dismissed based on the fact that the evidence was gathered in violation of your rights.

This is not the only strategy for fighting the charges. The police officer may have made mistakes in explaining or administering the roadside field sobriety tests. Perhaps there was radio frequency interference with the breathalyzer test, or maybe residual alcohol in your mouth caused a false positive. Even the blood test could be invalidated by arguing that the sample was contaminated or mistakenly switched with another person's blood. There are many ways to challenge the evidence, but you must take action now by calling a Colorado Springs DUI lawyer to maximize your chances of building a successful criminal defense.

DUI Penalties

The sentence you could receive if convicted of driving under the influence can include a nine-month driver's license suspension, a $500 fine, 48 hours of public service and up to 180 days in jail. In order to get your license back, you may be required to install an ignition interlock device in your vehicle, a machine which requires you to provide a clean breath sample before starting the car and at random intervals while driving.

The DMV will report the fact of your conviction to your insurance company, which will most likely move to raise your premiums. All told, the costs for an average first time DUI have been estimated to range as high as $10,000. You can expect even greater penalties for a repeat offense, and if you are accused of committing vehicular manslaughter, the sentence can range as high as six years in prison and $500,000 in fines. Don't let this happen to you.

Contact our criminal defense lawyers in Colorado Springs now for a free consultation and get started on your case today!

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 719-602-5888 today!

  • What is a DUI in Colorado?

    In Colorado, a DUI (Driving Under the Influence) means you drove while substantially incapable of safely operating a vehicle due to alcohol, drugs, or both.

    You can be charged with:

    • DUI – BAC of 0.08% or higher, or impaired by drugs
    • DWAI (Driving While Ability Impaired) – BAC between 0.05% and 0.079%, or slight impairment
    • DUI Per Se – BAC of 0.08% or higher, regardless of visible impairment

    Even if you felt fine, you can still be charged.

  • What’s the difference between DUI and DWAI?

    This is one of the most common questions I get.

    • DWAI means you were impaired to the slightest degree
    • DUI means you were impaired substantially

    DWAI is still a criminal offense and still carries:

    • Jail exposure
    • Fines
    • Probation
    • License points
    • Insurance consequences

    A DWAI is not “minor” just because it sounds less serious.

  • Can I get a DUI even if I wasn’t drunk?

    Yes. You can be charged with DUI for:

    • Prescription medications
    • Marijuana
    • Illegal drugs
    • A combination of substances

    Colorado law focuses on impairment, not just alcohol.

  • What happens immediately after a DUI arrest?

    There are two separate cases that start at the same time:

    1. Criminal Court Case

    This determines:

    • Guilt or innocence
    • Jail, probation, fines
    • Criminal record

    2. DMV Express Consent Case

    This determines:

    • Whether your driver’s license is suspended
    • How long the suspension lasts
    • Whether you can drive with an interlock

    Important:
    You only have 7 days from the date of arrest to request a DMV hearing.
    If you miss that deadline, your license suspension automatically begins.

  • Will I lose my driver’s license?

    Possibly — but not always, and not automatically if you act quickly.

    Typical outcomes:

    • First DUI (BAC .08 or higher): 9-month suspension
    • Refusal to test: 1-year suspension
    • DWAI: No automatic suspension, but 8 points on your license

    Many clients qualify for:

    • Early reinstatement
    • Ignition interlock
    • No suspension at all if the stop or testing was unlawful

    This is an area where having an experienced DUI lawyer makes a real difference.

  • Should I take the breath or blood test?

    This depends on the situation, but you should know:

    • Refusing a test leads to automatic license revocation
    • Taking a test gives the prosecution evidence
    • Blood tests can sometimes be challenged or suppressed
    • Breath tests are not always reliable

    If you’ve already been arrested, the most important step now is to protect your rights going forward.

  • Can the police pull me over without a reason?

    No. Police must have reasonable suspicion to stop you.

    Common DUI stop issues include:

    • Illegal traffic stops
    • Pretextual stops
    • Roadblock violations
    • Lack of reasonable suspicion

    If the stop was unlawful, the entire case may be suppressed.

  • Do I have to do roadside sobriety tests?

    No.
    Roadside tests (walk-and-turn, one-leg stand, eye test) are voluntary.

    They are:

    • Subjective
    • Often performed incorrectly
    • Designed to gather evidence against you

    Politely declining roadside tests is legal in Colorado.

  • Will I go to jail for a first DUI?

    Not necessarily.

    Many first-time offenders avoid jail, especially with:

    • No prior DUI convictions
    • No accident or injury
    • A strong legal defense
    • Early legal intervention

    However, jail is always on the table, and courts vary by county and judge.

  • How much does a DUI cost in Colorado?

    A DUI is expensive — even without jail.

    Costs may include:

    • Court fines and surcharges
    • Attorney fees
    • Alcohol education and therapy
    • Ignition interlock
    • Increased insurance
    • Lost work time

    The real cost is often long-term: your record, your license, and your future.

  • Will a DUI stay on my record forever?

    Yes.

    In Colorado:

    • DUI and DWAI convictions cannot be sealed
    • They remain permanently visible
    • Prior DUIs increase penalties for future cases

    That’s why fighting the case early is so important.

  • What if I was arrested but not convicted?

    If your case is:

    • Dismissed
    • Reduced
    • You’re found not guilty

    You may be eligible to seal the arrest record, which can significantly help with employment and background checks.

  • Can I represent myself in a DUI case?

    You can, but it’s rarely a good idea.

    DUI cases involve:

    • Scientific evidence
    • Constitutional issues
    • DMV procedures
    • Prosecutorial discretion
    • Judge-specific practices

    As a Colorado criminal defense attorney, I know how local courts, prosecutors, and judges actually handle DUI cases — and that knowledge matters.

  • Why should I hire a DUI lawyer immediately?

    Early involvement allows your lawyer to:

    • Request the DMV hearing on time
    • Preserve body cam and dash cam footage
    • Challenge the stop and testing
    • Negotiate before charges escalate
    • Protect your license and record

    Waiting almost always limits your options.

  • Why choose Michael Clawson and Clawson & Clawson?

    I’m Michael M. Clawson, a Colorado trial attorney who regularly defends DUI cases in:

    • Colorado Springs
    • Pueblo
    • Denver
    • Surrounding counties

    Clients choose Clawson & Clawson because:

    • We take a hands-on approach
    • We explain the process in plain English
    • We fight for license protection, not just plea deals
    • We care about the long-term consequences — not just today’s court date

Hear From Our Happy Clients

At Clawson & Clawson, LLP, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "A+++"

    It’s hard to find good people like the Clawson firm these days. A+++

    - Jeff H.
    "Mr. Clawson gets the job done."

    Mr. Clawson at Clawson & Clawson was professional, helpful, kind, and considerate. He helped me understand the legalities of this lengthy process and helped me through it every step of the way.

    - Former Client
    "Steve and Andrea were nothing short of amazing."

    Steven and Andrea always made me feel like their number one priority, always professional, and explained everything to me so I knew exactly what was going on and what the cost upfront would entail.

    - Caitlin H.
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    Brenda and Mike kept me informed every step of the way, patiently answered all my questions, and made sure I truly understood the process. Every person I interacted with was kind and genuinely caring.

    - Marissa G.
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    They successfully negotiated with the insurance company for me. I highly recommend this professional firm. I am very pleased with their work.

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    I worked with Clawson & Clawson during my divorce, and I’m genuinely thankful for the way they handled my case during one of the most stressful seasons of my life.

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    They were beyond patient, answered every question, followed up with all requests, and listened to our needs and wants. Brenda and Mike were both professional and knowledgeable. Highly recommend!

    - Former Client
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    So kind, patient, knowledgeable, caring, thorough, and truly just do the best to help their clients!! Will certainly use ...

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