What to Look for in a Criminal Defense Lawyer

If you’re facing criminal or traffic charges in Colorado Springs, the most important decision you’ll make is hiring the right criminal defense lawyer. The attorney you choose can significantly impact the outcome of your case, from negotiating a favorable plea to securing an acquittal at trial. In most big cities, there will be dozens of options when looking for defense counsel, and the process can be overwhelming. How do you know who’s the best defense lawyer for your situation?

From a lawyer’s perspective, here’s what to look for when hiring a criminal defense attorney in Colorado Springs, any other big city, and why these factors matter to your future.

Things to Look for in a Criminal Defense Lawyer

Experience Handling Criminal Cases

When it comes to criminal defense, experience is a non-negotiable. Legal work is incredibly varied, and is very niche. You wouldn’t hire a podiatrist to do your heart surgery. That’s analogous to the reason I’d suggest not hiring a real estate lawyer to fight your DUI. Criminal defense attorneys understand the criminal court process, evidentiary rules, plea bargaining strategies, and how to prepare for trial. They are likely in the courtroom 4 or 5 days a week dealing with the local DAs and Judges. Ask how long the lawyer has been practicing and how many criminal cases they’ve handled.

It’s not just about years in practice—it’s about relevant experience. A lawyer who has worked on similar charges (whether DUI, domestic violence, theft, or assault) will know how to build the strongest defense.

Specialization in Criminal Law

Some attorneys are generalists who handle everything from family law to personal injury. Others are dedicated criminal defense lawyers. You want a specialist in the field—someone who lives and breathes criminal law.

Why? Because laws and courtroom procedures change, and you need someone who’s up to date on local rules, judges, and prosecution tactics. An attorney who focuses their practice in criminal defense is more likely to catch details others miss and use them to your advantage.

With criminal defense, specialization can go even deeper. Some attorneys focus their work on just DUI, traffic, or domestic violence/assault cases.

Familiarity with Colorado Springs Courts (Hire Local)

Hiring a local defense attorney in Colorado Springs gives you a major advantage. A local lawyer knows:

• The tendencies of local judges
• The habits of prosecutors and law enforcement
• Prosecutorial “guidelines” and historical offers on your type of case
• The nuances of El Paso and Teller County courts

This insider knowledge helps in plea negotiations, motions, and trial strategy. A Colorado Springs criminal defense lawyer can also respond quickly to emergencies and court dates, saving time and reducing stress.

For example, our offices are located 2 blocks from both Municipal and County courthouses in beautiful downtown Colorado Springs. There have been many times in the last 20+ years when I’ve had to rush to the courthouse quickly to put out a legal fire or deal with a client emergency.

Background as a Former Prosecutor (or Public Defender)

Many of the best defense lawyers once worked as prosecutors or public defenders. These experiences provide critical insights into how the other side thinks.

• A former prosecutor knows how the state builds cases and where their weaknesses lie.
• A former public defender understands how to fight aggressively even with limited resources and tough odds.

This experience helps your lawyer anticipate the prosecution’s moves and plan the right defense strategy. Josh McDowell served as a Deputy DA in Colorado’s Fourth Judicial District (El Paso and Teller County) from 2004-2007. He prosecuted thousands of cases in County Court (Traffic and Misdemeanors), Juvenile Court, and District Court (felony matters). He also served for several years as court-appointed defense counsel for Colorado Springs City Court (also called Colorado Springs Municipal Court).

Reputation and Client Reviews

Before hiring any criminal lawyer, take time to read reviews from former clients. Check Google, Avvo, and other legal directories. Pay attention to patterns—does the attorney consistently communicate well? Do clients feel heard and supported?

Also, ask other lawyers or legal professionals in the area about their opinion. In criminal defense, reputation matters. Prosecutors and judges have formed opinions too, based on working with attorneys over the years.

Look for:

• 5-star reviews from past clients
• A high Avvo rating
• Testimonials that mention the specific type of case you’re facing

Comfort Level and Communication

Legal skill and experience are critical, but so is how comfortable you feel with your lawyer. Your case may last weeks, months, or longer. You need a lawyer you trust and feel comfortable talking to.

During your consultation, ask yourself:

• Does the attorney explain things clearly?
• Do you feel this person can fight for you in Court?
• Do they have relevant experience?
• Do they listen to your side of the story?
• Are they responsive to calls or emails?
• Do they give you honest answers or just tell you what you want to hear?

Your comfort level with your attorney will directly affect your peace of mind throughout the case.

Transparent Pricing and Fee Structure

Cost is always a concern when hiring a defense lawyer in Colorado Springs, especially if your case may involve multiple court dates or motions. The best lawyers will be transparent about their pricing and will provide a written fee agreement.

Some things to ask:

• Is it a flat fee or hourly rate?
• What does the fee include (motions, trial, appeals)?
• Are there any additional costs (investigators, expert witnesses, etc.)?
• Is a payment plan available?

Don’t choose the cheapest attorney by default. Good legal defense is an investment in your freedom and future. Lawyers’ rates will often vary greatly. Yes, budget is important and needs to be considered. However, this is also one of the most important things in your life, and when hiring legal counsel you should consider all factors when making a decision.

Track Record of Results

Ask the attorney about their track record in the type of case you are facing. Have they successfully had charges dismissed or reduced? Do they go to trial when necessary? Can they give you examples of past successes with cases like yours?

While no lawyer can guarantee results, a history of favorable outcomes is a good sign. You want someone who’s not afraid to fight—and who knows how to win. Ask your attorney about some examples of cases they’ve handled that are similar to yours. Without full discovery (police reports and the case file), it can be difficult for an attorney to understand every nuance of your case. However, many cases will present common defenses, and negotiation strategy, that can be a good start in considering how your case could unfold.

Availability and Responsiveness

Criminal charges can move quickly. Missed communication can mean missed opportunities. That’s why it’s essential that your criminal defense attorney is responsive to your needs.

Find out:

• Who will be handling your case—which lawyer in the firm will be at court?
• How quickly can you expect a response to your messages?
• Will the attorney be available for urgent issues or arrests?

A good lawyer should have open and consistent communication with their clients when their freedom and future is on the line.

Gut Feeling

Finally, trust your instincts. The best criminal defense lawyers inspire confidence, not confusion. If something feels off during the consultation—whether it’s rushed answers, vague pricing, or aggressive sales tactics—it may be worth continuing your search.

You need someone who is genuinely invested in your case and will work relentlessly to protect your rights. Even in a city in the middle of nowhere, you have options. For example, we have clients from all over El Paso and Teller County. We handle cases in Fountain, Monument, Woodland Park, Peyton, Calhan and more.

Final Thoughts

Choosing the right criminal defense attorney in Colorado Springs could be one of the most important decisions of your life. Look for experience, specialization, local knowledge, honest communication, and a track record of success. Don’t be afraid to ask hard questions during your consultation. The right lawyer won’t just fight for your freedom—they’ll give you the confidence and clarity you need during a difficult time.

If you’re facing criminal charges and need a trusted advocate in Colorado Springs, contact our office today for a confidential consultation. We’re here to protect your rights, your record, and your future. 719-227-0022 to discuss your case with a Colorado Springs defense attorney today.

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from McDowell Law Firm https://mcdowellfirm.com/what-to-look-for-in-a-criminal-defense-lawyer/
https://mcdowellfirm.com/practice-area/dui-defense/

Probation Violations in Colorado

When you’re serving probation in Colorado, noncompliance can have serious consequences. A probation violation—even for a simple technical misstep—can lead to court hearings, sanctions, or even jail time. Here’s what you need to understand if you’re facing a violation in Colorado Springs or elsewhere in the state.

1. What Constitutes a Probation Violation

Colorado law defines two main categories of probation violations:

• Technical violations: These occur when you fail to follow the rules of probation. Common examples include skipping meetings with your probation officer, missing required classes, failing drug or alcohol tests, falling behind on fines or restitution, changing your address/employment without notification, or not completing community service.
• Substantive violations: These involve being charged with or convicted of a new crime during your probationary period.

Even seemingly minor infractions can lead to a “show-cause” hearing and possible revocation.

2. How Revocation Proceedings Start

Colorado law allows probation officers or the court to trigger revocation proceedings through any of these actions.

1. Issuing a summons to appear before the court.
2. Arresting you for the alleged violation.
3. Filing a formal complaint alleging violation.
4. Submitting a verified report requesting arrest.

Once initiated, the probationary “clock” is tolled, pausing until the matter is resolved.

3. Your Rights When a Violation Is Alleged

Although probation isn’t a constitutional right, it’s a conditional privilege in Colorado. As a result, you are guaranteed certain protections under C.R.S. 16‑11‑206 and established case law

• Written notice of the allegations.
• Disclosure of the evidence against you.
• The opportunity to appear at a hearing, present evidence, and call witnesses.
• The right to confront adverse witnesses, absent good cause.
• A neutral decision-maker.
• A written or oral record stating the reasons for any revocation.
• The right to counsel—and to effective assistance of counsel—at the hearing. Remember: the State must prove the violation by a preponderance of evidence—a lower burden than “beyond a reasonable doubt”.

4. What Happens at the Violation Hearing

Here’s how hearings typically unfold:

1. Initial Hearing and Advisement: Held shortly after arrest or summons, this determines whether you should stay in custody or be released pending a full hearing. You will be advised of your rights at this hearing.
2. Final Hearing: The court hears full evidence. You can testify, present witnesses, or challenge the State’s case.
3. Judge’s Decision: The judge will issue a ruling. This is typically done immediately after the hearing.

5. Possible Outcomes

The court’s options include:

• Modify terms (e.g., add community service, tighter reporting, more substance testing).
• Extend overall probation period.
• Continue probation as-is.
• Impose short jail stay (often up to 90 days for a felony, 60 days for a misdemeanor).
• Revoke probation and impose the original suspended sentence.

Colorado statutes allow probation terms of up to five years for misdemeanors, and longer for felonies.

6. Jailing After Revocation

If the court revokes your probation, it can reinstate the original suspended sentence. The duration of incarceration depends on:

• The severity of the original offense.
• The nature of the violation (technical vs. new crime).
• Your prior compliance and criminal history.
• Risk posed to community safety. Judges are instructed to apply the least restrictive sanction necessary and ensure penalties are proportional to the violation.

7. How We Can Help You

As a Colorado criminal defense attorney, we tailor defense strategies to your situation and probation violation:

• Disputing evidence and procedure: Challenging reliability of drug tests, notice defects, or improper warrantless searches.
• Negotiating compliance plans: Proposing outpatient programs or tailored schedules to avoid revocation. This is usually done by setting a hearing over to give you time to complete your conditions.
• Advocating proportional outcomes: Arguing for reduced sanctions like community supervision rather than jail.
• Litigating at hearing: Presenting mitigating factors such as employment, family responsibilities, or rehabilitation efforts.

Thorough preparation and knowing the nuances of Colorado’s probation system can mean the difference between continued freedom and incarceration.

8. How to Avoid Violations

If you’re on probation, protect yourself with these proactive steps:

• Always attend scheduled meetings and document them.
• Pay all required fees, fines, and restitution promptly.
• Get approval before leaving the jurisdiction or changing jobs/housing.
• Submit to testing and any required counseling or treatment.
• Maintain open communication with your probation officer.
• When in doubt, ask your lawyer.

By staying ahead of deadlines and rules, you significantly reduce the risk of a “technical” probation violation cascading into jail time.

9. Timeline Considerations

Colorado courts can only act while your probation is active or while the violation process is formally pending—the Court loses jurisdiction once the probationary period has terminated. Always immediately address any allegation so the State doesn’t file allegations against you..

Final Takeaway

Probation in Colorado carries both privileges and powerful conditions. Violating those terms—even in minor ways—can bring serious legal repercussions. However, the system also provides opportunities to defend, negotiate, and avoid jail.

If you—or a loved one—are facing a probation violation in Colorado Springs or nearby, don’t wait. Contact an experienced Colorado criminal defense attorney today. Acting early and decisively can protect your freedom and guide you toward successful completion of your probation.

The post Probation Violations in Colorado first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/probation-violations-in-colorado/
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How to Beat a DUI: Tips for Success on Your Drunk Driving Case

If you’ve been charged with Driving Under the Influence (DUI) in Colorado Springs, you’re likely overwhelmed—and for good reason. A DUI conviction can lead to license suspension, jail time, fines, and a criminal record that follows you for life. But remember being charged is not the same as being convicted. It’s time to understand how to beat a DUI.

At The McDowell Law Firm, we understand how much is at stake. Our experienced DUI defense attorneys in Colorado Springs provide aggressive, strategic representation aimed at protecting your freedom, your reputation, and your future. Whether it’s your first offense or you’re facing felony DUI charges, we fight to give you the best possible outcome.

How to Beat a DUI: Importance of DUI Defense Attorney in Colorado Springs

Colorado law is tough on drunk and drugged driving. But a skilled attorney can often uncover errors in testing, challenge the legality of the stop, and help you avoid harsh penalties.

When you work with The McDowell Law Firm, you get a Colorado Springs DUI lawyer who:

• Knows how to challenge blood and breath tests
• Can fight for your driving privileges
• Understands local court procedures in El Paso and Teller counties
• Negotiates effectively with prosecutors—or takes your case to trial when needed

Don’t go up against the system alone. Let us guide you through every step.

Colorado DUI Penalties at a Glance

DUI penalties in Colorado vary based on your BAC level, prior convictions, and aggravating factors. Here’s what you could be facing during the first DUI offense, second DUI offense and Subsequent DUI Offense:

How to Beat a DUI: First DUI Offense

• Up to 1 year in jail
• $600–$1,000 in fines
• Driver’s license revocation
• 48–96 hours of community service
• Alcohol education or treatment
• 12 DMV points

How to Beat a DUI: Second DUI Offense:

• 10 days to 1 year in jail (mandatory minimum)
• $600–$1,500 in fines
• License revocation
• Ignition interlock required
• 48–120 hours of community service

Third or Subsequent DUI Offense:

• 60 days jail (mandatory minimum on a third) Up to 6 years in prison (4^th or greater=felony)
• Extended license suspension
• Mandatory jail time and probation
• Significant fines and treatment

Even a first offense can damage your career, finances, and reputation. That’s why it’s critical to act fast and get an experienced defense attorney on your side.

Types of DUI Charges We Handle

At The McDowell Law Firm, we’ve successfully defended hundreds of clients in a wide range of DUI-related charges, including:

• DUI (BAC .08 or higher)
• DWAI (Driving While Ability Impaired – BAC .05 to .079)
• DUID (Driving Under the Influence of Drugs)
• Underage DUI (UDD or “Baby DUI”)
• Felony DUI (4th or more DUI)
• Marijuana DUI
• Refusal to submit to testing
• Commercial Driver DUI
• DUI involving accidents or injury

Every case is unique. We tailor your defense strategy to your specific situation, goals, and risks.

DUI Defenses We Use in Colorado Courts

The strongest DUI defenses start with asking the right questions:

• Was the traffic stop legal?
• Were field sobriety tests conducted correctly?
• Did the officer follow protocol during your arrest?
• Were breath or blood tests properly administered and stored?
• Were your constitutional rights violated?

At The McDowell Law Firm, we scrutinize every step law enforcement took in your case. If there’s a weakness in the prosecution’s case, we’ll find it and use it to fight for a dismissal, reduced charges, or acquittal.

What to Do and How to Beat a DUI Arrest in Colorado Springs

Time is critical after a DUI arrest. Here’s what to do immediately:

1. Request a DMV hearing within 7 days to fight license suspension (breath and refusal cases).
2. Write down everything you remember—where you were, what you drank, how the officer acted.
3. Do not talk to police without a lawyer.
4. Call The McDowell Law Firm for a free case review.

The decisions you make in the first 72 hours can have a lasting impact. Don’t delay.

Why Choose The McDowell Law Firm?

You need more than just a defense—you need a partner who cares about your future. Here’s why clients trust The McDowell Law Firm when facing DUI charges in Colorado Springs:

• Proven Experience – Years of success defending DUI cases in El Paso and Teller counties
• Aggressive, Personalized Defense – We don’t take shortcuts or push quick pleas
• Local Knowledge – We know the judges, prosecutors, and court procedures in Colorado Springs
• Clear Communication – We keep you informed, involved, and empowered
• Transparent Pricing – No hidden fees, no surprises—just honest counsel

Whether you’re a college student, military service member, or working professional, we’ll fight to protect your record and your future.

Schedule Your Free DUI Consultation Today and Know To Beat a DUI

A DUI doesn’t have to derail your life. With the right defense strategy, you may be able to reduce or even eliminate the charges against you. But you need to act quickly.

Contact The McDowell Law Firm today for a free, confidential consultation with a skilled Colorado Springs DUI lawyer. We’ll review your case, explain your options, and start building your defense immediately.

Proudly Defending Clients Across:

• Colorado Springs
• Monument
• Fountain
• Peyton
• Woodland Park
• El Paso & Teller Counties

How to beat a DUI? Call now or fill out our online form.

The McDowell Law Firm—Defending your future, one case at a time.

The post How to Beat a DUI: Tips for Success on Your Drunk Driving Case first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/how-to-beat-a-dui/
https://mcdowellfirm.com/practice-area/dui-defense/

How Long Will a Criminal Case Stay on My Record? (Colorado Law)

The quick answer: Forever. Unless you seal the case.

Let’s discuss what is sealable, and when it can be sealed. Colorado has certain cases that are not sealable under the current law, and other cases that have a waiting period.

When considering a plea offer, many of my clients ask: How long will a criminal case stay on my record?
The good news is that many cases in Colorado care sealable.
In this post, we’ll cover what can be sealed, and what might just be on your record permanently. We’ll also cover how traffic infractions differ from criminal cases.

Public Records vs. Private Access

In Colorado, criminal and traffic cases are part of your public records unless they’re sealed. These records remain visible to employers, landlords, and the public. Believe it or not, this even includes improper arrests and dismissed cases—unless sealed. Sealing doesn’t destroy records; instead, it prevents general (or public) access to the records. Typically, if a case is sealed, and a check is requested, an agency will answer “no such record exists”, and/or not include that record on a background check. Law enforcement agencies, courts, and certain licensing authorities still retain access even after sealing.

Expungement vs. Sealing

Colorado provides for expungement for juvenile offenses. “Sealing” is the term used for adult (18+) offenses.

Record Sealing: What’s Eligible?

Let’s break down which types of adult records can—and cannot—be sealed in Colorado.

Eligible for Sealing

• Non-conviction cases: Arrests with dropped charges, dismissed cases, or acquittals can be sealed.
• Diversion and deferred sentencing: Acquittals after completing diversion or deferred judgment may be sealed without a separate process
• Certain convictions:
  • Petty offenses.
  • Misdemeanors.
  • Lower‐level felonies (class 4, 5, 6 non-violent, and level 2–4 drug felonies). These became newly eligible after HB 19‑1275. Keep in mind, there are mandatory waiting periods for convictions.

Waiting periods apply for eligible convictions:

• 1 year for petty offenses.
• 3 years for misdemeanors and class 4–6 felonies (or level 3–4 drug felonies)
• 5 years for higher eligible felonies

Most nonviolent misdemeanors and lower‐level felonies are sealable. In contrast, petty offenses, diversions, and dismissals may even qualify for automatic sealing if all conditions are met.

Ineligible for Sealing

You cannot seal:

• Traffic offenses, including DUIs (note: a dismissed, or successful deferred DUI is eligible)
• Violent and sexual felonies, class 1–3 felonies (with a narrow exception for old marijuana cultivation cases)
• Homicide, certain weapon offenses, sex crimes, or adjudicated violent juvenile records
• Multiple convictions in the same case: The court seals only if all charges in that case are eligible

A DA may petition to seal an otherwise ineligible misdemeanor if a judge finds “significant and substantial need,” no danger to public safety, and insufficient public interest.

Traffic vs. Criminal Records

Traffic Infractions and Misdemeanors

Under Colorado law, no traffic offenses—from speeding to DUI—can be sealed. They live on your record forever. This means:

• Even after a DUI sentence and completion of probation, the offense remains visible.
• Unlike criminal convictions, traffic infractions do not qualify for sealing or expungement.

If traffic offenses could be sealed, it is likely that the system would be swamped with petitions to seal traffic matters.

Criminal offenses can be sealed based on the criteria above. Once sealed:

• The record is hidden from public background checks.
• But law enforcement, courts, and certain employers/licensing boards can still view the sealed records.
• If you’re convicted again (even of an unrelated offense), any sealed records may be unsealed.

The Sealing Process in Colorado

1. Determine eligibility based on your case type and the time elapsed since final disposition
2. Automatic sealing: Some records (e.g., dismissed cases, petty offenses) may be sealed automatically after waiting periods
3. Petition the court: Eligible convictions require filing forms (e.g., Colorado JDF‑611), paying a $65 filing fee, and serving the petition to all custodians—including CBI, private agencies, and law enforcement.
4. The court reviews the petition and, if granted, issues an order instructing custodians to seal the records.
5. Notification & sealing: The court sends the order to all custodians, who must then remove the records from public databases.

Case Study: DUI vs. Low-Level Felony

• DUI: You complete probation. But because DUI is a traffic offense, it cannot be sealed. It remains forever visible in public records. However, if you successfully completed a deferred judgement/sentence for a DUI or DWAI, that case is eligible.
• Class 5 felony drug conviction: Complete all obligations. After 3 years, you qualify to petition the court. If granted, the record is sealed, hidden from public view—but still accessible to law enforcement, and potentially unsealed if you’re convicted again.

What is Permanent and What Can Be Sealed?

Case Type	Public Record	Eligible for Sealing?	Waiting Period
Arrest w/o charges / dismissed case	✅ Yes	✅ Yes (auto seal)	_
Deferred judgment / diversion	✅ Yes	✅ Yes (auto or petition)	_
Petty offense conviction	✅ Yes	✅ Yes	1 yr
Misdemeanor conviction	✅ Yes	✅ Yes	3 yr
Class 4–6 nonviolent felony conviction	✅ Yes	✅ Yes	3 yr
Higher-level eligible felony	✅ Yes	✅ Yes	5 yr
Class 1–3 felony, sex crime, violent crime	✅ Yes	❌ No	—
Traffic offense (including DUI)	✅ Yes	❌ No	—

Why It Matters

• Employment & housing: A sealed criminal record should not show up on background checks. Traffic infractions will.
• Legal transparency: Sealed records still appear to law enforcement and in sentencing proceedings—but not to employers or landlords.
• Risk of re-exposure: Keep in mind: later conviction might unseal previously sealed records

Planning Ahead: Key Takeaways

• Traffic activities stay forever—there’s no expungement or sealing even after DUI or speeding tickets.
• Adult conviction records—outside of ineligible categories—can be sealed, but you must meet eligibility criteria and wait the required period.
• Expungement is rare in Colorado—only for juveniles, underage DUI, or cases of mistaken identity
• Sealed ≠ forgotten: Sealed records remain accessible to certain official entities, and can be undone by future convictions .

_____________________________________________________________________________

Final Thoughts

For Colorado residents hoping for a new start, unburdened by their history, sealing offers important relief—but there are limits. Understanding which offenses you can—or can’t—seal, and how long you must wait, makes a real difference in your ability to move forward: whether searching for a job, renting a home, pursuing education, or even volunteering.

If you’re dealing with eligible convictions or petitions to seal, working with an experienced Colorado criminal defense attorney can help you deal with forms, deadlines, fees, and advocacy in your matter.

Need Help?

Colorado’s system has evolved, especially since HB 19‑1275 and HB 24‑1133 expanded sealing opportunities. Call to see if your case is eligible for sealing under the cuurent laws. This blog post is for general informational purposes and does not constitute legal advice. For legal guidance on your situation, contact the McDowell Law firm to discuss your specific circumstances. 719-227-0022.

The post How Long Will a Criminal Case Stay on My Record? (Colorado Law) first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/how-long-will-a-criminal-case-stay-on-my-record/
https://mcdowellfirm.com/practice-area/dui-defense/

Field Sobriety Tests in Colorado Springs: What You Need to Know

If you’re pulled over in Colorado Springs on suspicion of DUI, there’s a good chance the officer will ask you to perform field sobriety tests (FSTs). These tests, all called “roadsides,” are designed to help law enforcement assess whether you are impaired. Many drivers don’t understand their rights or how these tests actually work.

This article explains the three standardized field sobriety tests used in Colorado Springs and throughout the United States: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. We’ll also cover how the tests are used, how reliable they are, and what your legal options are if you’re facing DUI or DWAI charges.

There are, of course, other FST tests that can be done, such as ABCs, counting, lack of convergence (finger to nose), Romberg (balance), and more.

Before you read further: Field sobriety tests are voluntary. You are not required to participate. In most situations, the best move is not to give officers any more evidence in your case. I generally believe that completing FSTs is not going to help you in your defense. They are very subjective, and an officer’s opinion of how you performed can carry a lot of weight in some cases. Very rarely have I had cases where the FSTs were a net positive in my defense (although it has happened).

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises developed by the National Highway Traffic Safety Administration (NHTSA) to help officers determine if a driver is impaired by alcohol or drugs. FSTs are voluntary in Colorado. Based on the coercive situation, sometimes people don’t understand the voluntariness of the FSTs. Or some officers may not always make it clear that there is no penalty for not participating in roadsides.

While FSTs can be used as evidence in court, they are subjective and can be challenged with the help of a DUI attorney.

Field Sobriety Tests in Colorado Springs: Horizontal Gaze Nystagmus (HGN) Test

The HGN test looks for involuntary jerking of the eyes, which may be more pronounced in individuals under the influence of alcohol.

How it works:

• The officer asks you to follow a small object (like a pen or a finger) with your eyes.
• They observe for signs such as:
  • Jerking (nystagmus) at maximum deviation
  • Lack of smooth pursuit
  • Onset of nystagmus before 45 degrees

Problems with the test:

• Nystagmus can be caused by fatigue, neurological issues, or even inner ear disorders.
• Officers must be properly trained to perform and interpret the test.

Field Sobriety Tests in Colorado Springs: Walk-and-Turn Test

This test evaluates your divided attention, which is often impaired by alcohol.

How it works:

• You’re asked to take 9 heel-to-toe steps along a straight line, turn on one foot, and return the same way.
• Officers watch for:
  • Loss of balance
  • Failing to follow instructions
  • Starting too early
  • Incorrect number of steps
  • Inability to walk heel-to-toe
  • Stepping off the line

Problems with the test:

• Uneven pavement, poor footwear, nervousness, age, time of day, lighting issues or medical conditions can affect your performance.
• This test can be especially unreliable for people over 65 years old or more than 50 pounds overweight (per NHTSA guidelines). It is also unreliable for people with injuries that affect their walking, like leg, knee, or back injuries

Field Sobriety Tests in Colorado Springs: One-Leg Stand Test

Another divided attention test, the One-Leg Stand involves physical coordination and balance.

How it works:

• You raise one foot about 6 inches off the ground and count out loud for 30 seconds.
• Officers look for:
  • Swaying or hopping
  • Using arms for balance
  • Putting the foot down early

Problems with the test:

• Many sober individuals struggle to complete this test, especially in poor weather or under stress.
• Anxiety and even roadside distractions (passing traffic, lights) can affect balance and performance.

Know Your Rights at a DUI Stop

In Colorado, you are not legally required to perform field sobriety tests. You have the right to politely refuse them without legal penalty. However, refusing a chemical test (like a breathalyzer or blood test) after arrest can result in automatic license suspension under Colorado’s express consent law. A refusal of a chemical test can also be used against you in Court.

If you’ve been asked to perform FSTs or are facing DUI charges in Colorado Springs, contact a lawyer as soon as possible. These tests are not foolproof, and a skilled defense attorney can often challenge their validity in court.

Protect Yourself with the Right Legal Help

At the McDowell Law Firm, we understand how field sobriety tests work — and how to challenge them. If you were arrested for DUI in Colorado Springs after performing the HGN, Walk-and-Turn, or One-Leg Stand, give us a call for a free consultation to discuss how we can help you fight your charges.

FAQ: Field Sobriety Tests in Colorado Springs

Do I have to take field sobriety tests in Colorado Springs?

No. These tests are voluntary, and you can refuse without automatic penalties. Always be respectful, but you are not legally obligated to comply with FSTs. I’m generally of the opinion that they are much more likely to hurt your case than they are to help. In most situations, I think it is a bad idea to participate.

Can a DUI charge be based on failed field sobriety tests alone?

Yes, it’s possible, but law enforcement officers typically use them alongside other evidence:

• BAC tests
• Bad driving
• Odor of alcohol
• Unsteady
• Slurred speech
• Admissions

An experienced DUI attorney can challenge how the tests were administered and other indicia of intoxication, as your case demands.

Are these tests reliable?

Not always. They are only as good as the person giving and interpreting the FSTs. Keep in mind, if they offer FSTs, it’s because they believe you might be impaired. I believe there is often confirmation bias in how officers feel suspected DUI drivers perform on roadside testing.

Even sober drivers may fail due to nerves, medical issues, or environmental conditions. Field sobriety tests are subjective and open to legal challenge.

The post Field Sobriety Tests in Colorado Springs: What You Need to Know first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/field-sobriety-tests-in-colorado-springs/
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Colorado Judicial System: How to Find Your Next Court Date, Jury Duty, Fine Payments, and Webex Virtual Courtrooms

If you’re involved in a legal matter in Colorado—as a defendant, juror or party to a civil case—it’s important to know how to access your court information, fulfill jury duty, pay fines and attend virtual hearings. The Colorado Judicial Branch has several online tools to help you with these areas. Our law offices are located in Colorado Springs, so a lot of the resources below are specific to El Paso County and Colorado’s Fourth Judicial District. However, some of the links are for statewide resources that you can use to look up information about every Colorado County, and the specifics of your case.  

Find Your Court Date and Location 

To find your upcoming court date and courthouse, use the Colorado Judicial Branch’s Docket Search tool: 

1. Go to Docket Search: https://www.coloradojudicial.gov/dockets 

2. Enter Required Information: Enter at least one filter in addition to the date, such as: 

• Judicial District 

• County 

• Courthouse 

• Court Type 

• Division 

• Case Number 

• Party Name 

• Attorney Name 

3. Review Results: After you submit your search, you’ll get a list of dockets that match your criteria, including date, time, and location of the hearing. 

Note: Make sure you have specific information about your case to narrow down your search. 

Jury Duty Information 

If you’ve received a jury summons in Colorado, here’s what to do: 

• Understand Your Summons: Jury summons are generated from driver’s license records, the Department of Revenue, and voter registration lists. Make sure your information is up to date with these agencies so you get summoned correctly. 

• Confirm Your Service: After 5:00 p.m. the business day before your reporting date, check the reporting information: 

• Online: Colorado Judicial Branch’s Jury Information page. 

• Phone: Call the number on your summons to see if you need to report. 

• Prepare for Service: 

1. Fill out and sign the juror questionnaire on the back of your summons. 
2. Bring the entire summons with you when you report. 
3. Arrange for childcare in advance as children are not allowed during jury service. 

For more information, go to Jury Summons Information page. 

Pay Court Fines and Fees 

To pay court-ordered fines and fees in Colorado, you have several options: 

1. Online Payment: Go to Payment Portal: https://www.its.courts.state.co.us/cjop. 

• Choose Your County: Select your county. 

• Search for Your Case: Enter your case number, ticket number or name. 

• Pay Now: Follow the prompts to pay securely. 

2. In Person: 

• Visit the Collections Office: Go to the collections office in your county. 

• Payment Options: Credit/debit cards (except American Express), cash, check or money order payable to Clerk of Court. 

3. By Phone: 

• Call Collections Department: For example, in El Paso County, call (719) 452-5093 between 8:00 a.m. and 5:00 p.m. 
  Every Colorado County will have different contact information.  

4. By Mail: 

• Send Payment: Mail a check or money order payable to Clerk of Court with your name and case number—separate payments for separate cases. 

For county-specific payment information, go to Collections & Payments page. 

Join Webex Virtual Courtrooms 

Many Colorado courts offer virtual hearings via Webex. To join a virtual courtroom: 

1. Get Approval: Make sure you have prior approval from the court to appear virtually. 

2. Find Your Virtual Courtroom: 

• Go to Virtual Courtrooms: https://www.coloradojudicial.gov/webex-virtual-courtrooms 

• Choose Your County: Select your county to find the virtual courtroom link. 

3. Join the Hearing: 

• Webex App: Enter the meeting number/access code provided by the court. 

• By Phone: 720-650-7664 and enter the meeting number/access code. 

Note: Do not try to join a virtual courtroom without prior approval as access may be restricted. 

More Resources 

• Self-Help Resources: Court forms, rules, and procedures at Self-Help Resources. 

• Contact Information: For specific questions, contact your local courthouse. For example, El Paso County residents call 719-452-5000 or email 04SelfHelp@judicial.state.co.us. 

By using these resources, you can manage your court responsibilities in the Colorado Judicial System. If you have specific questions about your case, feel free to contact the Colorado Springs defense attorneys at 719-227-0022. 

The post Colorado Judicial System: How to Find Your Next Court Date, Jury Duty, Fine Payments, and Webex Virtual Courtrooms  first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/all-about-colorado-judicial-system/
https://mcdowellfirm.com/practice-area/dui-defense/

Understanding the Differences Between Assault, Harassment, and Menacing in Colorado

In Colorado, the legal definitions of assault, harassment, and menacing differ from those in other states. In the media, we sometimes hear terms like “assault and battery” to refer to incidents where another party injures someone. Notably, Colorado does not have a crime labeled “battery.” What some jurisdictions refer to as “battery” is encompassed under Colorado’s assault statutes. Similarly, actions termed “assault” elsewhere may fall under Colorado’s definition of menacing. Confused yet?

The most important thing to remember is that each jurisdiction will have its own individual laws and definitions to describe certain crimes. If you have been charged with an assault crime, speak to an attorney near you to discuss the facts of your case. There are many important details involved in assault cases that can determine the level of the charge, and whether there are any additional consequences. Certain assault crimes will have varying consequences and penalties.

• Domestic violence
• Sexual Assault
• Child Abuse
• Elderly or “at-risk” victims

Assault in Colorado

Under Colorado law, assault involves causing bodily injury to another person. It is categorized into three degrees, each reflecting the severity and circumstances of the offense:

• First-Degree Assault (C.R.S. § 18-3-202): This is the most severe form, involving intentional and serious bodily injury, often with a deadly weapon. FELONY
• Second-Degree Assault (C.R.S. § 18-3-203): This includes intentional or reckless infliction of bodily injury, sometimes involving a weapon or resulting from certain conduct like strangulation. FELONY
• Third-Degree Assault (C.R.S. § 18-3-204): This pertains to knowingly or recklessly causing bodily injury to another person. MISDEMEANOR

It’s important to note that Colorado does not have a separate statute for “battery.” Therefore, actions that might be considered battery in other states are prosecuted under Colorado’s assault statutes. And what might be considered “assault” in another state, could fall under Colorado “menacing” laws. In every case, review the laws in your area, and look for a lawyer near me to understand the potential outcomes and effects in your assault matter.

Harassment in Colorado

Harassment in Colorado encompasses a range of behaviors intended to harass, annoy, or alarm another person. According to C.R.S. § 18-9-111, a person commits harassment if, with intent to harass, annoy, or alarm another person, they

Strike, shove, kick, or otherwise touch a person or subject them to physical contact.

Direct obscene language or gestures at another in a public place.

• Follow someone in or about a public place.
• Initiate communication with someone, anonymously or otherwise, in a manner intended to harass or threaten, including through electronic means.

Harassment charges in Colorado are misdemeanors. Review the statute in your area to see what will fall under harassment, as there will be varied definitions from state to state.

Menacing in Colorado

Menacing, defined under C.R.S. § 18-3-206, involves placing or attempting to place another person in fear of imminent serious bodily injury through threats or physical actions. The Colorado offense of “menacing” is similar to what some other states might classify as “assault.”

• Misdemeanor Menacing: Occurs when no deadly weapon is involved.
• Felony Menacing: Elevated to a class 5 felony when the threat involves a deadly weapon or an object that appears to be a deadly weapon.

The key element is the perpetrator’s knowledge that their actions would place someone in fear of imminent serious bodily harm.

Comparing the Offenses: Assault vs Harassment vs Menacing

Offense	Definition	Physical Injury Required	Level of Fear Induced	Weapon Involvement	Penalty Severity
Assault	Causing bodily injury to another person	Yes	Not necessarily	Possibly	Varies by degree
Harassment	Engaging in behavior intended to harass, annoy, or alarm	Not necessarily	Possibly	Not necessarily	Typically misdemeanor
Menacing	Placing someone in fear of imminent serious bodily injury	No	Yes	Possibly	Misdemeanor or felony (depending on weapon involvement)

Importance of State-Specific Definitions on Assault vs Battery vs Menacing

Criminal statutes and definitions can vary significantly between states. For instance, what constitutes “battery” in one state may be prosecuted as “assault” in Colorado. Similarly, actions labeled as “assault” elsewhere might fall under “menacing” in Colorado. People facing charges should consult the specific statutes in their jurisdiction to understand the nature and implications of the offense.

Conclusion

Understanding the distinctions between assault, harassment, and menacing in Colorado is essential for legal clarity and appropriate defense. Given the nuances in definitions and the absence of certain terms like “battery,” individuals should seek legal counsel familiar with Colorado’s statutes to navigate any charges effectively.

If you have assault, menacing, or harassment charges in Colorado Springs, El Paso County, or Teller County, contact the McDowell Law Firm for a free consultation. We handle first-degree assault, second-degree assault, and third-degree assault cases (felony assault or misdemeanor assault). The McDowell Law Firm also handles all menacing and harassment cases.

Attorney Josh McDowell has extensive experience handling D.V. cases and military domestic violence cases, both as a former prosecutor and as a defense lawyer in Colorado Springs. Give us a call at 719-227-0022, or visit our law offices in beautiful downtown Colorado Springs.

Note: This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified criminal defense attorney in your area to discuss the specific facts of your case.

The post Understanding the Differences Between Assault, Harassment, and Menacing in Colorado first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/differences-between-assault-harassment-and-menacing-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/