Have you been ticketed or arrested for Driving Under the Influence?

Our attorneys know you have questions, and we can answer them. We offer a FREE consultation for your DUI case.

DUI-related charges are some of the most commonly charged cases in Colorado. The government has a very effective template for prosecuting individuals for DUI, from the DMV license revocation process, to the court case. You need a knowledgeable and experienced DUI attorney to help you fight back.

Oftentimes, law enforcement officers are either poorly trained or make simple mistakes in the basic procedures, and those mistakes cost you, not them.

• Were you surprised to get pulled over by law enforcement?
• Did you think you “passed” the roadsides but were arrested anyway?
• Did it feel like your BAC read much higher than you expected?
• Did you receive a Notice of Revocation from the officer?
• Did the officer say you “refused” to take a chemical test?

Whether there was a constitutionally unsound stop or arrest, or an error with the roadsides or in administering the Intoxilyzer 9000, you need an attorney to help you fight your case.

Consequences

Chances are you are concerned about losing your driver’s license, having to be on probation or do rehab, or even having to do jail time. Colorado law has progressively harsher consequences for second or subsequent DUI’s which could mean mandatory jail. In 2017, the legislature enacted the felony DUI in Colorado for a fourth or subsequent lifetime alcohol-related driving offense. Even if your last DUI was over ten years ago, the government can still charge you with a felony.

In addition to licensing and court requirements, for many people, an alcohol-related driving offense can mean the loss of a job, or with some sentences, even a temporary or permanent loss of your right to own or possess firearms. That’s why it’s so important to have the right attorney on your side to explain the process, identify the legal issues, and help you get back in control.

Our DUI specialist

Brian Schowalter has done over fifty DUI trials to verdict and hundreds of motions hearings involving issues related to bad stops, illegal arrests and searches. His experience litigating these cases is simply unmatched in Southwest Colorado. He has secured acquittals, countless successful cases resolutions and outright or deferred dismissals for his clients.

Brian is a member of the National College for DUI Defense, which is taught annually at Harvard Law School. He served on the Board of Directors for NORML (National Organization for Regulation of Marijuana Laws) for over a decade, and he understands the intricacies of marijuana-related driving offenses. Brian recently secured an acquittal and walked his client out of the courthouse on a DUID case with a marijuana-blood content of almost 50 nanograms.

Our attorneys are experienced and knowledgeable in the following areas:

• Intoxilyzer 9000
• Colorado Department of Health standards
• NHTSTA Field Sobriety Testing Standards
• Drug Recognition Experts
• HGN
• DMV rules and regulations, including Colorado’s Express Consent Statute, restricted licenses, early reinstatement, persistent drunk  driver, and interlock
• Underage DUI’s and DUID’s

Our firm’s recent DUI case results:

  • DUI with BAC over .2 plead to a deferred with the opportunity to seal the record based on constitutional and factual issues raised during litigation.
  • DUI 2nd plead to careless driving with no alcohol consequences based on illegal procedure done by law enforcement raised during litigation.
  • DUI 3rd- outright dismissal
  • DUI with high BAC plead to careless after litigation and suppression of breath test.
  • Felony DUI plead to deferred after HGN evidence suppressed.

Call for a FREE consultation on your DUI case.

Brian Schowalter - Durango DUI and Criminal defense attorney