What to Do Immediately After a DUI Arrest in Colorado Springs

You just got arrested for DUI in Colorado Springs. Maybe it was at a checkpoint on Powers Boulevard, or you were pulled over leaving a bar downtown on Tejon Street. Now you’re sitting at home wondering what happens next and what you should do.

The next 24 to 72 hours are critical. The decisions you make right now will affect your case, your license, and your future. This guide walks you through exactly what to do after a DUI arrest in Colorado Springs, hour by hour.

The First 24 Hours After Your DUI Arrest

What Just Happened at the Jail:

If you are facing serious charges in addition to the DUI, you were arrested and taken to the Criminal Justice Center at 2739 East Las Vegas Street in Colorado Springs.

As long as you don’t have additional charges (only misdemeanor DUI charges), in Colorado Springs, the police will typically serve you with a summons and release you. Here’s what occurred:

Booking Process:

• Police confiscated your physical driver’s license
• You received a Notice of Express Consent Affidavit and Notice of Revocation
• This paper serves as your temporary license for 7 days
• You were photographed and fingerprinted
• You submitted to breath or blood testing (or refused)
• Released with a ticket/summons

NOTE: The 7 days for requesting a hearing only applies to Breath (.08 or greater), and refusals. It takes months for blood results to come back. You will keep your license on a blood test, at least until the results come back.

What You Have in Your Hand:

That temporary license paper is critical. It contains:

• Your arrest/charges information
• Notice of your driving privilege status (breath and refusal)
• Information about requesting a DMV hearing
• Court date for your criminal case

Do not lose this document. Take a photo of it immediately.

1. Hour 1-6: Get Home Safely and Document Everything

Arrange Safe Transportation:

Do not drive yourself home, even if you feel sober. Call:

• A family member or friend
• Uber or Lyft
• Taxi service

Write Down Everything While Memory Is Fresh:

As soon as you get home, document:

• Exact location of the stop (which street, direction, cross streets)
• Time of the stop and arrest
• What you were doing before (where you ate, what you drank, when)
• Officer’s name and badge number (on your paperwork)
• Everything the officer said and asked
• Field sobriety tests performed
• Whether you took breath or blood test
• Witnesses present
• Weather and road conditions
• Any unusual circumstances

Memory fades quickly. Document now while details are clear.

Take Care of Your Vehicle:

If your car was towed, find out where:

• Call law enforcement agency that impounded the car for info about tow lot and fees
• Ask what is needed to release your vehicle
• Call within 24 hours to avoid additional storage fees
• You’ll need someone with a valid license to retrieve it

2. Hour 6-24: Critical Deadline Approaching

The 7-Day DMV Hearing Deadline Starts Now:

This is the most critical deadline you face. You have 7 days from arrest to request a DMV hearing for breath tests and refusals. You have more time for blood tests as it takes time for the results to come back. This deadline applies if:

• You took a breath test and BAC was .08 or higher
• You refused chemical testing

Why This Matters

• If you don’t request the hearing, your license is automatically revoked
• Requesting the hearing gets you a new temporary license valid until the hearing date
• This gives you weeks or months of continued driving privileges (the hearing must be held within 60 days of request)
• Missing this deadline is one of the biggest mistakes DUI defendants make early in their case

How to Request the Hearing

You can request online at mydmv.colorado.gov or by calling Colorado DMV at 303-205-5600. However, most people hire a DUI attorney who handles this immediately. Go to the Colorado DMV website to learn more

Blood Test Cases Are Different

If you took a blood test, your license is not immediately at risk. Blood results take 3-4 months to come back. The DMV will mail you notice if results show .08 or higher. You then have 7 days from receiving that notice to request a hearing.

Days 1-3: Get Legal Help

1. Contact a Colorado Springs DUI Attorney

The sooner you contact an attorney, the stronger your defense becomes.

Why You Need an Attorney Now, Not Later:

• Preserve evidence before it disappears
• Request dash camera and body camera footage immediately
• Interview witnesses while memories are fresh
• Request DMV hearing before 7-day deadline
• Begin investigating weaknesses in the prosecution’s case
• Protect you from making statements that hurt your case

What to Look for in a DUI Attorney:

• Regular practice in Colorado Springs Municipal Court or El Paso County Court
• Specific focus on DUI defense
• Knowledge of local prosecutors and judges
• Former prosecutor experience
• Clear fee structure and payment plans
• Positive reviews from former clients

Free Consultations:

Most Colorado Springs DUI attorneys offer free consultations. Use this time to:

• Explain what happened
• Ask about possible outcomes
• Understand fees and payment options
• Determine if the attorney is right for you

2. Gather All Documents

Collect everything related to your arrest:

• Notice of Express Consent Affidavit (temporary license)
• Any tickets or summons received
• Bond paperwork
• Business card from the arresting officer
• Receipts from where you were before arrest (bar, restaurant)
• Credit card statements showing time and location

Your attorney can use all of this to build your defense.

3. Do NOT Do These Things

• Don’t Call the Prosecutor or Police Officer: Many people think they can explain their way out of charges. You cannot. Anything you say will be used against you. Let your attorney communicate.
• Don’t Post on Social Media: Do not post about your arrest, the circumstances, or your case. Prosecutors check social media. Photos of you drinking, complaints about the arrest, or discussions of the case can all be used as evidence.
• Don’t Discuss Your Case: Only talk about your case with your attorney. Don’t tell friends, coworkers, or family detailed information. They can be subpoenaed and forced to testify about what you told them. Although unlikely, its best to not share information with anyone besides your attorney about criminal charges.
• Don’t Ignore Anything: Don’t ignore court dates, DMV deadlines, or attorney calls. Ignoring things makes everything worse.

Days 3-7: Protect Your License

Request Your DMV Hearing (If You Haven’t Already)

Remember the 7-day deadline. If you hired an attorney, they can handle this. If you haven’t hired an attorney yet, request the hearing yourself immediately.

What Happens at the DMV Hearing:

• Separate from your criminal case
• Administrative hearing about your driving privileges
• Hearing officer (not a judge) decides if your license should be revoked
• Your attorney can challenge the evidence
• Held within 60 days of request

What the DMV Hearing Officer Decides: For breath test cases:

• Did the officer have reasonable grounds to believe you were DUI?
• Were you lawfully arrested?
• Was your BAC .08 or higher?
• Was the test completed within 2 hours of time of driving?

For refusal cases:

• Did the officer have reasonable grounds to believe you were DUI?
• Were you lawfully arrested?
• Did you refuse testing after being properly advised of consequences?

Can You Win a DMV Hearing?

Yes. Common winning arguments:

• Illegal traffic stop
• No probable cause for arrest
• Improper express consent advisement
• Breath test machine malfunctions
• Testing procedures violated
• Police officer didn’t appear (only if their presence is requested.)

Winning the DMV hearing means keeping your license. Losing means revocation, but you may be eligible for early reinstatement with ignition interlock.

Week 2-6: Your Criminal Case Begins

1. Your First Court Appearance

Your court date is listed on your paperwork. This is called an advisement or arraignment.

El Paso County Court

270 S Tejon St, Colorado Springs, CO 80903 Handles DUI arrests by El Paso County Sheriff or Colorado State Patrol outside city limits

What Happens at First Appearance:

• Judge reads the charges against you
• You enter a plea (guilty, not guilty, no contest)
• Bond conditions are reviewed
• Next court date is set

Your attorney will advise you to plead not guilty. This preserves all your rights and defense options. Pleading guilty or no contest at first appearance is almost never the right choice.

2. Understanding the Charges

DUI Charges:

You may be charged with:

• DUI (driving under the influence, BAC .08+)
• DUI per se (BAC .08 or higher within 2 hours of driving)
• DWAI (driving while ability impaired, BAC .05 to .079)

First Offense DUI Penalties:

• 5 days to 1 year in jail (active jail is not mandatory in many situations)
• $600 to $1,000 in fines
• 48 to 96 hours of community service
• 9-month license revocation
• Ignition interlock device
• Alcohol education and therapy
• Up to 2 years probation

These are maximum penalties. Many first-time offenders avoid jail through plea negotiations or alternative sentencing.

3. Your Defense Strategy Begins

Your attorney investigates your case:

Reviewing All Evidence:

• Police reports
• Dash camera and body camera footage
• Breath test machine calibration records
• Officer training files
• Witness statements

Common DUI Defenses:

• Illegal traffic stop (no reasonable suspicion)
• No probable cause for arrest
• Field sobriety tests improperly administered
• Medical conditions affecting tests
• Breath test machine errors
• Rising blood alcohol defense
• Mouth alcohol contamination

Your attorney looks for any weakness in the prosecution’s case. One strong defense can result in dismissed charges or reduced penalties.

What to Expect in the Coming Months

1. Timeline of a DUI Case in Colorado Springs

This a rough breakdown of a timeline in a Colorado DUI case. Every case is different, and different counties will have slightly different procedures.

• Weeks 1-8: Investigation and discovery phase
• Weeks 6-8: DMV hearing (if requested)
• Weeks 8-12: Pre-trial motions filed (if any), first appearance
• Weeks 12-16: Plea negotiations with prosecutor Months 4-6: Trial (if no plea agreement reached)

Most DUI cases resolve through plea agreements. Only 5-10% go to trial.

2. Possible Outcomes

Best Case Scenarios:

• Charges dismissed due to illegal stop or lack of evidence
• Reduced to DWAI (lesser penalties, fewer consequences)
• Deferred sentence (case dismissed after completing deferred period)

Likely Outcomes for First Offense:

Many factors determine what is “likely” in your scenario. Ex. your BAC, accident involved, other charges, other aggravating circumstances. These can impact several factors:

• Plea to DWAI, deferred sentence, and/or reduced jail time
• Alternative sentencing (in-home detention, work release)
• Probation instead of jail
• Minimal fines and costs

Worst Case Scenarios:

• Convicted at trial with maximum penalties
• Jail time served at El Paso County Jail
• Full license revocation period
• Higher fines and longer probation

Your attorney’s job is to achieve the best possible outcome based on your case’s facts. Every case will be different. In plea negotiations, there is no “one size fits all.” There are many scenarios, fact patterns, aggravators/mitigators that determine a favorable resolution in your case.

Life After DUI Arrest: Practical Matters

1. Getting to Work Without a License

Before Revocation (7-day temporary period) You can drive legally on your temporary license for 7 days. Use this time to:

• Arrange carpools
• Research bus routes (Mountain Metro Transit serves Colorado Springs)
• Talk to your employer about flexible schedules
• Consider relocating closer to work temporarily

After Revocation If your license is revoked, you cannot drive legally until you qualify for early reinstatement with ignition interlock

Early Reinstatement Option

• No waiting period for blood/breath tests
• 2 months for refusal

You can apply for reinstatement with:

• Ignition interlock device installed
• SR-22 insurance obtained
• Reinstatement fees paid ($95+)
• Proof of alcohol education enrollment

2. Dealing with Your Employer

Do You Have to Tell Your Employer? It depends:

• If you drive for work: You cannot drive without an Interlock and other reinstatement requirements
• If you have a professional license: Check reporting requirements
• If you miss work for court: You may need to explain absences
• If background checks are routine: DUI will eventually show

For CDL Holders DUI results in:

• 1-year CDL disqualification for first offense
• Lifetime disqualification for second offense
• Immediate job loss in most cases

3. Insurance Consequences

Your Insurance Company Will Find Out:

• SR-22 filing alerts them
• Conviction appears on MVR (Motor Vehicle Report)
• Renewal triggers rate review

Rate Increases:

• Expect significant rate increase
• Increases often last 3-5 years (up to Insurance company)
• Some companies drop DUI clients entirely

SR-22 Insurance:

You’ll need SR-22 (proof of financial responsibility):

• Required for license reinstatement
• Costs $25-50 filing fee
• Underlying insurance is commonly more expensive
• Required for 3 years in Colorado

4. Financial Planning

Immediate Costs

• Attorney fees: $3,000-8,000+
• Towing and storage: $200-500

Short-Term Costs

• Court fines: $600-1,000
• Court costs: $200-500
• Probation costs: $600-1200
• DMV reinstatement fees: $95
• Ignition interlock installation: $150-200
• Ignition interlock monthly: $75-100

Long-Term Costs

• Increased insurance: $3,000-5,000 annually for 3-5 years
• Alcohol education: $300-$1000+
• SR-22 filing: Varies
• Lost wages: Varies
• MADD Panel $75
• Community Service $75

Total first DUI cost: $10,000-15,000 over 3-5 years

Special Situations

1. Out-of-State Residents Arrested in Colorado Springs

If you live in another state but were arrested in Colorado Springs:

You Must Handle the Colorado Case:

• Appear for court dates or hire local attorney to appear for you
• Follow Colorado’s laws and procedures
• Cannot transfer case to your home state

Your Home State Will Find Out:

• States share conviction information, and can be viewed on an NCIC or background check.
• Your home state will impose its own license/driving penalties. Typically consistent with Colorado’s revocation.

Hire a Local Colorado Springs Attorney:

Out-of-state defendants need local counsel familiar with Colorado Springs courts who can appear on their behalf.

2. Military Members Stationed at Fort Carson

Fort Carson personnel face additional consequences:

Command Notification:

• Many commands require immediate notification
• DUI affects security clearances
• May affect promotions and assignments
• Possible GOMOR

Installation Driving Privileges:

• Fort Carson may revoke base driving privileges
• This happens regardless of criminal case outcome

Legal Assistance:

• Fort Carson JAG office provides limited assistance
• Criminal charges require civilian attorney
• Base legal office can explain military-specific consequences

3. Underage DUI (Under 21)

Lower BAC Limit:

• .02 BAC triggers underage DU
• Any consumption or possession can result in an MIP
• Express consent rules still apply
• Same criminal penalties as adult DUI

Additional Consequences:

• Mandatory substance abuse evaluation
• Possible juvenile court involvement
• Educational impacts
• Parental notification

Frequently Asked Questions

1. What should I do in the first hour after being charged with a DUI?

Arrange safe transportation home. Take photos of your temporary license paperwork. Write down everything you remember about the stop and arrest. Do not drive until you are sober. Do not post on social media. Call a DUI attorney as soon as possible.

2. How long do I have to request a DMV hearing after DUI arrest in Colorado Springs?

You have 7 days from your date of offense if you took a breath test or refused testing. For blood tests, you have 7 days from receiving DMV notice of test results. This could be 3-4 months later. Missing this deadline results in automatic license revocation.

3. Can I drive after a DUI arrest in Colorado Springs?

Yes, you can drive on your temporary license for 7 days. If you request a DMV hearing within 7 days, you’ll receive a new temporary license valid until your hearing date. This could be weeks or months of continued driving privileges.

4. Should I hire a lawyer for my first DUI in Colorado Springs?

Yes, I always recommend hiring an experienced DUI defense lawyer to protect your rights and your freedom. DUI is a criminal offense with possible jail time, fines, license revocation, and permanent criminal record.

An experienced DUI attorney can often get charges reduced or dismissed, minimize penalties, and protect your license. The cost of an attorney can be less than the long-term cost of a conviction without counsel.

5. What happens if I miss my court date for DUI?

A warrant will be issued for your arrest. You’ll face additional charges for failure to appear. Bond may be revoked. Your case becomes much more difficult to resolve favorably. Never miss court dates. If you have a conflict, your attorney can request a continuance.

6. Will I go to jail for my first DUI in Colorado Springs?

Jail time is possible but not guaranteed for first offense DUI. Many first-time offenders receive probation without active jail, in-home detention, or work release instead of jail. Plea negotiations and alternative sentencing often avoid jail time. Your attorney’s goal is to minimize or eliminate jail time.

7. How much does a DUI lawyer cost in Colorado Springs?

DUI attorneys typically charge $3,000-8,000 for first offense representation, including DMV hearing and criminal case. Complex cases or trial representation costs more. Many attorneys offer payment plans.

8. Can I refuse a breathalyzer test in Colorado?

You can refuse, but refusal triggers automatic 1-year license revocation (compared to 9 months for test failure). You’re only eligible for early reinstatement after 2 months (vs. no waiting period for test failure). Ignition interlock is required for 2 years (vs. 8 months). Police can also obtain a warrant for forced blood draw.

For detailed information, explore our guide: Can I Refuse a Breathalyzer in Colorado?

9. What is the difference between Colorado Springs Municipal Court and El Paso County Court for DUI?

Colorado Springs Municipal Court does not handle DUI cases. El Paso County Court handles all DUI in the County, unless it happened on Federal property (like a military base or post). These cases will be handled by Federal Court. Different prosecutors, judges, and procedures apply in each court.

10. How long does a DUI case take in Colorado Springs?

Most DUI cases take 4-9 months to resolve. Simple cases with plea agreements may resolve in as little as 3-4 months. Complex cases or trials can take 6-12 months. DMV hearings typically occur within 60 days of request.

11. Can a DUI be dismissed in Colorado Springs?

Yes. DUI charges can be dismissed for illegal traffic stops, lack of probable cause, improper testing procedures, breath machine malfunctions, or insufficient evidence. Prosecutors may also dismiss cases when evidence is weak or constitutional violations occurred.

12. What is a DMV hearing and do I need a lawyer for it?

A DMV hearing is an administrative proceeding separate from your criminal case. It determines whether your license should be revoked. Having an attorney significantly increases your chances of winning and keeping your license. Attorneys challenge the evidence and cross-examine officers.

Take Action Now

The hours and days after a DUI arrest are critical. The decisions you make right now affect your case outcome, your driving privileges, and your future.

Your Immediate Action Steps:

• Request your DMV hearing before the 7-day deadline
• Contact an experienced Colorado Springs DUI attorney
• Document everything about your arrest
• Follow all bond conditions
• Do not discuss your case with anyone except your attorney

Don’t Wait: Evidence disappears. Witnesses forget. Deadlines pass. The sooner you act, the stronger your defense becomes.

McDowell Firm provides experienced DUI defense in El Paso County Court and Federal Court. Attorney Joshua McDowell is a former prosecutor who knows how the other side builds DUI cases and how to defeat them.

We offer free consultations 24/7 because we know DUI arrests happen at all hours. Call us day or night to discuss your case, understand your options, and protect your rights.

Contact McDowell Firm now:

• Phone: 719-227-0022
• Free consultation
• Payment plans available

You just got arrested for DUI in Colorado Springs. What you do in the next 24 hours matters. Get experienced legal help now.

The post What to Do Immediately After a DUI Arrest in Colorado Springs first appeared on McDowell Law Firm.

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How Soon Can I Get My License Back After a DUI in Colorado Springs?

The first question every DUI client asks me is always the same: “When can I drive again?”

I get it. Losing your license in Colorado Springs isn’t just inconvenient—it can cost you your job. How are you supposed to get to work at Fort Carson or Peterson Space Force Base without a car? How do you take your kids to school or get groceries when public transit barely exists here?

The good news? Colorado changed the law in 2023, and you can potentially get your license back faster than you think. The bad news? It depends on several factors, and the rules are complicated.

The Big Change That Happened in 2023

Colorado changed this law for offenses occurring on or after January 1, 2023. The current law now allows for early reinstatement as early as the first day the revocation is active.

Before 2023, everyone had to wait at least a month before they could get an interlock-restricted license. That meant a month with no driving at all: no work, no errands, nothing.

Now? After January 1, 2023, a new Colorado DUI law, Alcohol Monitoring for Impaired Driving Offenders, allows immediate license reinstatement with an interlock-restricted license instead of a mandatory one-month license suspension.

This is huge. If you took the breath or blood test and got a DUI, you can potentially drive starting day one—as long as you meet the requirements. Refusal cases still carry a no driving period before you may reinstate with an interlock device.

Did You Take the Test or Refuse It? That’s the Critical Question

Everything depends on whether you submitted to the chemical test when Colorado Springs police or State Patrol asked.

1. If You Took the Test (DUI Per Se)

Your revocation period depends on how many prior offenses you have:

• First Offense: A first offense with a test will result in a revocation of 9 months.
• Second Offense: A second offense will result in a one-year revocation.
• Third Offense: Two years or longer, depending on your record.

But here’s the takeaway: Whether you have a revocation due to a DMV Per Se hearing, or DUI conviction, you are eligible on the first day the revocation action goes active (no one-month waiting period) for violations after January 1, 2023.

That means you can get an interlock-restricted license without a waiting period as soon as the revocation becomes active. You don’t have to wait at all, if you meet the other requirements. This means a reinstatement fee, SR-22 insurance, and for high BAC offenders (.15 BAC and above), enrollment in alcohol classes.

2. If You Refused the Test

Refusing the breath or blood test comes with stiffer penalties:

• First Refusal: If a driver refuses a test of his blood, breath, saliva, or urine at the direction of a law enforcement officer, the driver’s license will be revoked for one (1) year for a first refusal
• Second Refusal: two (2) years for a second refusal
• Third Refusal: and three (3) years for a third refusal.

If you are considered a “Refusal” of a BAC test and have already served two months for the alcohol related restraint, you are then eligible for early reinstatement.

Example: When you were served the Express Consent notice you requested your hearing, but did not obtain a temporary license. You are getting credit towards the 2-month period. If you do get the temp permit awaiting the hearing, as most people do, then the two months start at the time you lose the DMV per se hearing.

So, if you refused, you’re looking at two full months with no driving whatsoever if you lose the DMV hearing. No exceptions.

The license revocation for a first-time refusal (one year) is three months longer than the license revocation for a first-time DUI (nine months). Does this revocation period really matter? Not really. What matters is how fast you can get your license back (no waiting period vs two months) and how long you must carry the interlock. With early reinstatement, the length of the revocation is much less important than those other factors.

How Long Do You Need an Interlock Device?

Once you’re eligible for reinstatement, you’ll need an ignition interlock device installed in your vehicle. This is a breathalyzer connected to your car’s ignition—you have to blow into it before the car starts, and your breath needs to be alcohol-free or the car won’t start.

More importantly, the interlock records the BAC readings and reports them back to your interlock provider. If you get too many positive tests, the system can lock you out of starting your vehicle. Additionally, if you get three positive tests in a 12-month period (3 separate months), you will have your interlock period extended by the DMV.

Note: Be very careful not to have any alcohol on your breath when you start your car. No drinking the night before, or using Nyquil, or even a mouthwash that has alcohol in it. Those can, and will, set off the Interlock device, and cause your problems.

How long you need it depends on your BAC level and offense history:

Standard First Offense (BAC under 0.15)

9-month Interlock requirement with BAC below 0.149

BUT, and this is important, you might get off the Interlock early. If you reinstated early on a first-time alcohol offense, your chemical test result was less than 0.150, and if you completed four months of successful driving (not “hot” blows, no missed blows), the Division of Motor Vehicles will send you a letter indicating that you qualify to have your interlock removed early.

So if you had a first offense with a BAC under 0.15 and you drive clean for four months—no violations, no failed tests, no tampering—the DMV will send you a letter saying you can get the device removed. You don’t even have to apply for it. They’ll notify you automatically.

That means instead of 9 months with the interlock, you could be done in just 4 months.

High BAC First Offense (0.15 or higher)

2 year interlock requirement with BAC above .15. No early removal option. You’re stuck with it for the full two years.

Second or Third Offense

Second/third-time DUI offenders are required to install an interlock device in their vehicle for 2 years. No early removal for repeat offenders either.

Refusal Cases: All refusal and multiple offense revocations, and drivers revoked for having a BAC at or greater than 0.150 are required to have ignition interlock for the full period with no early removal option.

What About People Under 21?

If you were under 21 when you got the DUI, the rules are much harsher. Colorado has zero tolerance for underage drinking and driving.

A person who is less than twenty-one years of age at the time of the offense may not apply for early reinstatement until the person’s license has been revoked for one year.

• If you lose at the DMV hearing: 1 year revocation.
• Convicted of a DUI or DWAI: 9 month revocation.

Note: These do not stack, they run concurrently. Meaning: 9 months plus 1 year loss of license, equals 1 year total.

That’s right—a full year with no driving. No interlock option. No early reinstatement.

I see this crush college students at UCCS and cadets at the Air Force Academy. One mistake, and they’re without a license for a year. It destroys internships, part-time jobs, everything.

After that year, if you were under 21 years of age at the time of the violation, are a Colorado resident, and have no other driving restraints, you may reinstate after one year of revocation, provided you install an interlock in every vehicle you own or may drive.

What You Need to Do for Early Reinstatement

Getting your license back early isn’t automatic. You have to complete several steps, and miss one test (or one positive), and you’re stuck waiting.

Early reinstatement is limited to drivers who: Are residents of Colorado; Are 21 years of age or older at the time of the violation; Have satisfied all reinstatement requirements (other than time)

Here’s the checklist for early reinstatement in Colorado Springs:

1. Wait the Required Time Period

• Took the test (after Jan 1, 2023): No waiting period
• Refused the test: Two months
• Under 21: One full year (no early reinstatement)

2. Complete Alcohol Education

You’ll need to complete a Level II Alcohol and Drug Education and Treatment program. In Colorado Springs, there are several approved providers, but you need to make sure they’re state-certified.

This isn’t a one-hour online class. It’s a serious commitment—typically 24-68 hours of education and therapy depending on your assessment level. You’ll pay out of pocket, usually $1,500-$2,500 for the full program.

3. Get SR-22 Insurance

Provide an SR-22 from your insurance company.

An SR-22 isn’t a type of insurance—it’s a certificate proving you have the required coverage. Your insurance company files it with the Colorado DMV. Expect your insurance rates to increase. I’ve seen premiums go up significantly after a DUI.

Not all insurance companies offer SR-22s. You might need to switch to a company that specializes in high-risk drivers.

4. Install the Ignition Interlock Device

You’ll need to get the interlock installed by a state-approved provider before you can drive. In Colorado Springs, several companies offer this service:

• Smart Start
• Intoxalock
• LifeSafer
• Guardian Interlock

Installation typically costs around $100-150, and then you’re looking at $75-100 per month in monitoring fees. Over two years, that’s $1,800-$2,400 just for the device.

5. Pay All DMV Fees

Colorado charges reinstatement fees that vary based on your violation:

• First DUI: $95 reinstatement fee
• High BAC or repeat offense: Additional fees apply

6. Provide Proof of Everything to the DMV

You can’t just show up at the Colorado Springs DMV at 2447 N. Union Blvd and expect them to figure it out. You need to bring:

• Proof of Level II completion
• SR-22 certificate
• Proof of interlock installation
• Payment for all fees
• Valid identification

Miss any of these, and you’re making another appointment. At the time of this post (2025), you need an appointment. And appointments can be weeks or even a month out. So, schedule it early. You can also go to other full-service DMVs like Canon City, Denver or Greeley.

The Real Costs of Getting Your License Back

Interlock Device

• Installation: $100-150
• Monthly monitoring: $75-100
• Total over 2 years: $1,900-$2,550

Level II Education Program

• Assessment: $150-250
• Classes and therapy: $1,500-$2,500
• Total: $1,650-$2,750 This will vary on the Track you receive from your alcohol evaluation)

Insurance

• SR-22 filing fee: $25-50
• Increased premiums: potentially as much as $100-300 extra per month (some are less. Shop around)
• Total over 2 years: potentially $2,400-$7,200

DMV Fees

• Reinstatement: $95+
• Various administrative fees: $50-150

Grand Total: $6,000-$12,000+ over two years

And that’s not counting the criminal case costs, attorney fees, court fines, or lost wages.

Getting License Back after DUI: Common Mistakes People Make

I’ve seen clients blow their reinstatement chances by making these mistakes:

1. Starting the Level II Program Too Late

Don’t wait until your provisional license period is almost up. The program takes months to complete. Even though you only need to be enrolled in Level II to reinstate, you do need to finish it in a timely fashion, or your license will be re-revoked.

2. Installing an Unapproved Interlock Device

Colorado has a list of approved providers. Using anyone else means starting over with a new installation and potentially extending your requirement period.

3. Failing Interlock Tests

The device records every test. If you fail or try to tamper with it, the DMV gets notified, and your reinstatement period extends. I’ve had clients add months to their requirements by making this mistake.

Here’s what counts as “successful driving” for early removal eligibility:

• No failed breath tests (under 0.025 BAC required)
• No missed rolling retests while driving
• No tampering or circumvention attempts
• No lockouts from multiple violations
• All monthly calibration appointments completed on time

One screw-up and you’re not getting early removal. I have had several clients who were close to being eligible for early removal at four months, but had a misstep in the last month. They end up doing the full 9 months instead of getting off after 4.

3. Letting SR-22 Insurance Lapse

If your SR-22 insurance lapses for even one day, your license gets suspended again immediately. Your insurance company is required to notify the DMV if your policy cancels.

4. Not Addressing Outstanding Tickets or Suspensions or Warrants

If you have any other outstanding suspensions, unpaid tickets, or holds on your license, you can’t reinstate. Colorado Springs Municipal Court and El Paso County Court records need to be clear.

What If You Can’t Afford the Interlock or Alcohol Classes?

I get asked this constantly. The interlock and education requirements are expensive, and not everyone can afford $200+ per month in additional costs.

Unfortunately, Colorado doesn’t offer much help. There are some reduced-cost options for indigent defendants, but the requirements are strict and the discounts minimal. We often get sent coupons from interlock providers, and typically have coupons for free install (or something similar) in the office.

Some options:

• Payment plans with interlock providers (most offer monthly payments)
• Income-based sliding scales at some Level II providers
• Carpooling or Uber/Lyft for work until you save up the money

The harsh reality is that if you can’t afford the interlock and education, you’re stuck without a license until your full revocation period ends.

And even then, you’ll still need the interlock to drive legally. Our bus system in Colorado Springs doesn’t cover a lot of town, and our bus routes aren’t very frequent. Public transport in Colorado Springs just isn’t a viable option for most people.

Fighting the Revocation: The Express Consent Hearing

You have seven days from your arrest to request a hearing to challenge your license revocation. This is called an Express Consent hearing or DMV hearing.

Most people miss this deadline because they don’t realize they need to act immediately. The notice the officer gives you expires fast.

At this hearing, we can challenge:

• Whether the officer had probable cause to stop you
• Whether you were properly advised of the consequences of refusal
• Whether the testing equipment was working properly
• Whether the test results were accurate
• Whether the test was completed within 2 hours of driving

Winning an Express Consent hearing means keeping your license—no revocation at all. But these hearings are technical and require an attorney who knows Colorado Springs DMV procedures inside and out. Remember: You can win at the DMV, but later lose your license in court by pleading to a DUI. Talk to your attorney about how your plea will affect your driving privileges.

I’ve won Express Consent hearings in a lot of different ways. The test was completed outside of two hours of driving, by showing that the 20-minute observation period wasn’t complied with, or that the officer didn’t follow the required procedures during the stop.

The most common way to win a DMV hearing? The officer no-shows when properly requested. This is a due process violation and a similar to a “forfeit” win for the accused.

But you have to request the hearing within seven days, or you lose that chance forever.

Can You Drive in Other States?

This is tricky. Your Colorado license is revoked everywhere—other states will honor that revocation. This is due to the Interstate License Compact. You can’t just go get a license in Wyoming or New Mexico while your Colorado license is revoked.

However, if you have an interlock-restricted license from Colorado, you can generally drive in other states—but only vehicles equipped with an interlock device. If you get pulled over in Kansas driving a car without an interlock, you’re driving on a revoked license.

What Happens at the End of Your Revocation Period?

Once you’ve completed your full revocation period, you need to fully reinstate your license. This requires:

• Completing any remaining interlock time
• Proof of Level II completion (and therapy, if required)
• SR-22 insurance (may need to continue)
• Payment of reinstatement fees
• Proof you’ve satisfied all court requirements

Even after full reinstatement, your DUI stays on your driving record for years and can affect insurance rates for several years minimum.

Important Points for Colorado Springs Drivers

Here’s what you need to remember:

If you took the test (after Jan 1, 2023)

• Eligible for interlock license day one
• 9 months revocation (first offense)
• BAC under 0.15: 9-month interlock requirement, but eligible for early removal after 4 months of clean driving
• BAC 0.15 or higher: 2 years interlock, no early removal
• Repeat offenses: 2 years interlock, no early removal

If you refused the test

• Must wait 2 months before interlock license
• 1 year revocation (first offense)
• 2 years interlock required, no early removal option

If you were under 21

• No early reinstatement
• 1 full year without driving

Start immediately

• Request Express Consent hearing within 7 days
• Enroll in Level II education program
• Get SR-22 insurance
• Research interlock providers
  

The 2023 law changes make it possible to keep driving sooner, but only if you handle everything correctly from day one. Miss a deadline or forget a requirement, and you could be stuck without a license for months.

Every DUI case I handle in El Paso County, I make sure my clients understand the license consequences right away. The criminal case is one thing—the license revocation is another battle entirely. You need to fight both.

If you’re dealing with a DUI in Colorado Springs and worried about your license, don’t wait. The seven-day deadline for the Express Consent hearing comes fast, and every day you wait makes it harder to protect your driving privileges.

This article is for educational purposes only and doesn’t constitute legal advice. License revocation rules are complex and individual circumstances vary. Colorado DUI laws continue to evolve, so consult a qualified Colorado attorney about your specific situation.

The post How Soon Can I Get My License Back After a DUI in Colorado Springs? first appeared on McDowell Law Firm.

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Marijuana Laws in Colorado Springs (2025): Why Local Rules Differ From State Law

If you’re confused about marijuana laws in Colorado Springs, you’re not alone. As an attorney practicing in El Paso County for over two decades, I regularly counsel clients about marijuana laws and charges in Colorado Springs.

Many people think that because marijuana is now “legal” in Colorado, that there are no laws regarding the possession or consumption of weed. Obviously, there are still many laws in place about marijuana, use, possession and sales, and not following the local and or state laws can land you criminal charges.

The Colorado Springs Marijuana Paradox

Ballot Question 300 authorized retail marijuana businesses to operate within the City limits beginning in April 2025. However, the ordinance prohibits facilities from selling recreational cannabis within one mile of K-12 schools, residential and child-care, or drug or alcohol treatment facilities.

No medical marijuana shops would be able to sell recreational products at their current locations under this ordinance. This means that while recreational marijuana sales are now technically allowed in Colorado Springs, the restrictive zoning makes it nearly impossible for retail stores to open.

For years, the City of Colorado Springs opted out of the sale of recreational marijuana within its jurisdiction. Medical marijuana, however, is allowed to be produced and sold to registered medical marijuana patients through licensed medical dispensaries.

This created a confusing dual system where marijuana possession was legal under state law, but you couldn’t legally purchase recreational marijuana anywhere within city limits.

What’s Legal in Colorado Springs vs. What’s Legal in Colorado

Understanding the difference between state law and local ordinances is crucial to avoiding criminal charges in El Paso County.

State Law: What Colorado Allows

Under Colorado state law, adults over the age of 21 can buy and possess up to 1 ounce of cannabis at a time. Adults over 21 can give up to 2 ounces of marijuana to another adult.

The law makes no distinction between residents of Colorado versus tourists who are visiting, in terms of the possession, purchase, or consumption of marijuana in Colorado.

This means tourists visiting Colorado from states where marijuana is illegal can legally possess marijuana in Colorado—as long as they follow state and local rules.

• Possession of more than 2 ounces but less than 6 ounces of marijuana or more than 3 ounces but less than 12 ounces of marijuana concentrate is a misdemeanor, punishable by a fine of up to $700.
  
  
• Possession of more than 6 ounces of marijuana or more than 12 ounces of marijuana concentrate is a level 4 drug felony, potentially resulting in 6 months to 2 years in prison and/or a fine of $1,000 to $100,000.

Colorado Springs Municipal Code: The Local Twist

Colorado Springs municipal code adds restrictions that go beyond state law. It is unlawful for any person to possess or openly and publicly display more than one ounce but not more than twelve (12) ounces of marijuana. While this aligns with state possession limits, the city enforces these rules strictly within city limits.

More importantly, until recently, you couldn’t buy recreational marijuana anywhere in Colorado Springs. This meant residents had to drive to Manitou Springs, Pueblo, or Denver to make legal purchases, then transport the marijuana back into Colorado Springs—a practice that created legal gray areas many people didn’t understand.

The Retail Marijuana Battle: What Changed in 2024-2025

Colorado Springs has fought a years-long political battle over retail marijuana sales. The conflict came to a head in the November 2024 election when voters faced competing ballot measures about marijuana sales in the city.

The restrictive approach continued even after voters narrowly approved sales. The cultivation and testing facilities for retail marijuana have to be 1,000 feet away from schools, treatment facilities and any “public or private daycare facility” under the proposed ordinance. The setback is slightly more restrictive than the city’s rules for medical marijuana establishments.

These strict zoning requirements effectively prevent most retail marijuana businesses from opening, even though they’re technically “legal” in Colorado Springs. When you map out all the restricted zones—schools, daycares, treatment centers, and residential areas—there’s virtually nowhere left in the city where a retail marijuana store could legally operate.

Common Marijuana Charges I Defend in Colorado Springs

Despite Colorado’s legalization, I regularly defend marijuana-related charges in El Paso County District Court and Colorado Springs Municipal Court. Here are the most common scenarios:

1. Public Consumption Violations

Public marijuana consumption remains illegal throughout Colorado, including Colorado Springs. Colorado Springs police actively enforce these violations, especially in tourist areas. Be mindful and don’t light up in Garden of the Gods, Downtown, Manitou Springs or other public places.

The penalty for public consumption in Colorado Springs can include fines up to several hundred dollars and a criminal record that could affect employment and housing.

2. Possession Over Legal Limits

While possessing up to one ounce is legal, possessing more than one ounce but less than two ounces is a petty offense in Colorado Springs. Possessing between two ounces and six ounces is a misdemeanor, and anything over six ounces can be charged as a felony.

3. DUI and Marijuana

Colorado Springs police have increased DUI enforcement for marijuana impairment. Unlike alcohol, there’s no clear legal limit for THC in your blood—prosecutors can argue any amount combined with impaired driving is sufficient for conviction.

The Colorado State Patrol and Colorado Springs Police Department use Drug Recognition Experts (DREs) to evaluate suspected marijuana-impaired drivers. These evaluations are often subjective and can be successfully challenged by experienced defense attorneys familiar with El Paso County court procedures.

Colorado does have a legal limit for marijuana in your system. If you have 5 nanograms of active THC in your system, you are presumptively under the influence.

Blood tests will also test for inactive THC metabolites, like 11-Nor-9-carboxy-Δ9-tetrahydrocannabinol (sometimes called “carboxy”) can stay in your systems for weeks after use. It is not active and does not have psychoactive effects.

4. Sales Without a License

Selling marijuana without a license remains illegal everywhere in Colorado, including Colorado Springs. This includes selling to friends, even small amounts. I’ve defended numerous cases of marijuana(and other drugs) distribution under Colorado law. In El Paso County, unlicensed marijuana sales will be prosecuted.

Special Considerations for Colorado Springs’ Military Community

Colorado Springs hosts Fort Carson, the Air Force Academy, Schriever Space Force Base, and Peterson Space Force Base. Military personnel face unique challenges with marijuana laws because marijuana remains illegal under federal law and the Uniform Code of Military Justice (UCMJ).

Even though recreational marijuana is legal under Colorado state law, service members can face:

• Court-martial proceedings for marijuana use or possession
• Administrative separation from military service
• Loss of security clearances
• Dishonorable discharge affecting future employment and VA benefits

I regularly counsel military personnel who face both civilian criminal charges in El Paso County and military disciplinary actions. The interplay between Colorado law, federal law, and military regulations creates complex legal issues requiring attorneys experienced with both systems.

I recently represented a young man who was a dependent of an active-duty service member who lived on a military installation. Although the small amount of marijuana he had on him was legal in Colorado, it was not legal to have it as he drove onto base.

Employment and Housing: The Hidden Consequences

The City of Colorado Springs’ current policies concerning the use of drugs or alcohol have not been altered by Amendment 64 as it was not intended to require employers to permit marijuana use and it specifically states: “Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies.”

This means Colorado Springs employers can:

• Refuse to hire marijuana users, even for off-duty use
• Fire employees who test positive for marijuana
• Maintain zero-tolerance drug policies

Many Colorado Springs residents work for companies with federal contracts or in industries with strict drug testing requirements. A marijuana conviction can trigger employment consequences beyond the criminal penalties.

Practical Advice for Colorado Springs Residents and Visitors

Where You Can and Cannot Buy

As of late 2024 and early 2025, the City of Colorado Springs has a cap on licensed marijuana business locations. New Retail Marijuana license types can be added to only to existing licensed medical marijuana locations. This means very few, if any, retail marijuana stores will open in Colorado Springs in the near future.

For legal purchases, residents typically travel to:

• Manitou Springs (just west of Colorado Springs)
• Pueblo (45 minutes south)
• Denver metro area (60+ minutes north)

Transportation Rules

Transporting marijuana from other cities back to Colorado Springs is legal as long as you:

• Keep it in the original sealed container
• Store it in the trunk or locked glove compartment
• Don’t consume while driving
• Stay within the one-ounce possession limit

Consumption Rules

Never consume marijuana in public anywhere in Colorado Springs, including:

• Parks and trails (Garden of the Gods, Palmer Park, Memorial Park)
• Downtown streets and sidewalks
• Patios and outdoor seating at restaurants
• Parking lots or vehicles
• Hotel common areas or visible to the public

Understanding Federal vs. State vs. Local Law

The marijuana legal landscape in Colorado Springs involves three overlapping jurisdictions:

• Federal Law: Marijuana remains a Schedule I controlled substance. Federal charges are rare for simple possession but can occur on federal property (military bases, national parks, federal buildings).
  
• Colorado State Law: Recreational marijuana is legal for adults 21+ within specific limits.
  
• Colorado Springs Municipal Law: The city regulates where marijuana can be sold, consumed, and grown within city limits. These local ordinances are often more restrictive than state law.

Why You Need a Colorado Springs Attorney for Marijuana Charges

Marijuana laws in Colorado Springs require attorneys who understand the intersection of state law, local ordinances, and federal regulations. What works as a defense in Denver might fail in El Paso County courts, where prosecutors and judges take a more conservative approach to marijuana cases.

Having handled marijuana cases in Colorado Springs for over two decades, I understand how local law enforcement investigates these cases and how prosecutors present them. This local knowledge is invaluable for negotiating favorable outcomes and protecting your record.

The Future of Marijuana Laws in Colorado Springs

The legal landscape continues evolving. While Colorado Springs voters narrowly approved retail sales in 2024, the restrictive zoning requirements mean actual stores may materialize slowly. Meanwhile, law enforcement continues actively prosecuting marijuana violations, especially public consumption and sales without licenses.

If you’re facing marijuana charges in Colorado Springs or anywhere in El Paso County, don’t assume that Colorado’s legalization protects you. Local laws create complex legal issues that require experienced criminal defense representation.

The information in this article is for educational purposes only and does not constitute legal advice. Marijuana laws continue evolving, and individual cases require analysis by a qualified Colorado attorney familiar with current Colorado Springs ordinances.

The post Marijuana Laws in Colorado Springs (2025): Why Local Rules Differ From State Law first appeared on McDowell Law Firm.

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True Threats vs. Protected Speech in Colorado: Legal Meaning, Examples and Charges

You send an angry message online. You make a heated comment. You vent frustration with aggressive language. Suddenly, you’re facing criminal charges for harassment or disorderly conduct. What is protected speech under the First Amendment? What will get you served with criminal charges in Colorado?

The legal line between free speech and criminal threats has often been blurry. In 2023, the U.S. Supreme Court drew that line more clearly in Counterman v. Colorado. A case that started here in Colorado, and it made its way to the highest court in the land. The decision changed how prosecutors must prove threat cases and expanded First Amendment protections.

If you’re facing charges for threats, harassment, or stalking based on your words, understanding Counterman is crucial. Here’s what the case means for free speech and criminal law in Colorado.

The Counterman Case Facts

The Facts: Billy Raymond Counterman sent hundreds of Facebook messages to a Colorado musician named Coles Whalen over two years. The messages were disturbing:

• “Staying in cyber life is going to kill you.”
• “You’re not being good for human relations. Die.”
• “Was that you in the white Jeep?”
• “Five years of sheer hell. Over.”

Whalen didn’t know Counterman. She never responded to his messages. The messages terrified her. She cancelled shows, stopped walking alone, and feared for her safety.

The Charges

Colorado charged Counterman with stalking under C.R.S. § 18-3-602. The law prohibits repeatedly following, contacting, or making credible threats to another person in a manner that would cause a reasonable person serious emotional distress.

Counterman’s Defense

Counterman claimed his messages were protected speech. He argued the state needed to prove he intended to threaten Whalen, not just that she felt threatened. The trial court disagreed and convicted him.

The Supreme Court Decision

In June 2023, the Supreme Court sided with Counterman (sort of). The Court held that prosecutors must prove the defendant was at least reckless about whether their statements would be viewed as threats. A purely objective standard (whether a reasonable person would feel threatened) violates the First Amendment.

The Legal Standard Before Counterman

Before Counterman, Colorado used an objective test for true threats. Prosecutors only had to prove:

• A reasonable person would view the statement as a threat
• The statement would cause serious emotional distress
• The defendant made the statement knowingly

The defendant’s actual intent didn’t matter. Even if you were joking, venting, or never intended to threaten anyone, you could be convicted if a reasonable person would feel threatened.

This standard led to convictions based on misunderstood jokes, hyperbolic venting, and protected political speech.

The Legal Standard After Counterman

Now, the Colorado District Attorney must prove the defendant acted with at least recklessness regarding the threatening nature of their statements.

What Recklessness Means

• You consciously disregarded a substantial risk
• The risk was that your statement would be viewed as a threat
• You knew facts that made the threatening nature obvious
• You proceeded anyway despite that knowledge

What Prosecutors Must Prove

• The statement meets the definition of a threat
• A reasonable person would view it as threatening
• The defendant was at least reckless about whether it would be perceived as threatening

What’s Not Enough

• The victim felt threatened
• A reasonable person would feel threatened
• The defendant should have known better
• Negligence or carelessness

This subjective component protects speech that’s clumsy, poorly worded, or misunderstood, but not intended as threatening.

What Counts as a “True Threat”?

Not all threatening language is criminal. The Supreme Court has carved out categories of unprotected speech. True threats are one category.

True Threats Are

• Serious expressions of intent to commit violence
• Directed at a person or group
• Statements that communicate imminent harm
• Made intentionally, knowingly, or with reckless disregard

True Threats Are Not

• Political hyperbole
• Jokes (even tasteless ones)
• Venting frustration
• Conditional statements
• Exaggerated language
• Protected advocacy

One of the keys here is context. The same words can be criminal threats or protected speech depending on circumstances.

Protected Speech: What You Can Say

Here are a few examples of statements that would likely be considered to be protected speech under the First Amendment and Counterman.

Important Note: You can be charged with criminal behavior for many activities. Nothing in this article should be read to suggest any behavior is non-criminal in nature. These are examples of cases that may be argued as protected speech under the law. In every situation, you should discuss the facts of your case with an attorney.

• Political Hyperbole: “All politicians should be thrown out” or “The governor should be run out of town” are protected political speech, even if aggressive.
• Conditional Statements: “If you don’t leave me alone, you’ll regret it” is generally protected because it’s conditional on future action.
• Venting and Frustration: “I’m so mad I could kill someone,” expressed to a friend, is protected frustration, not a threat.
• Jokes and Sarcasm: “I’ll kill you if you’re late again!” said laughingly among friends is obvious hyperbole.
• Artistic Expression: Violent lyrics in music, violent scenes in movies, or aggressive poetry are generally protected.
• Advocacy of Illegal Action: You can advocate for illegal action in the abstract without making threats (with some exceptions).

Criminal Threats: What Crosses the Line

• Direct Threats: “I’m going to kill you” directed at a specific person can be a true threat depending on context.
• Specific Plans: “I know where you live. I’ll be waiting for you” shows planning and intent.
• Repeated Communications: Multiple messages over time, especially after being told to stop, suggest intent. This could likely be charged as harassment if it’s repeated, and there’s an intent to harass, annoy, alarm, or intimidate.
• Personal Knowledge: “I saw you at the grocery store yesterday in your green Toyota,” combined with a threat, shows surveillance and escalates concern.
• Combination of Factors: Words combined with behavior (following someone, showing up at their home) strengthen threat claims.

The “Fire in a Crowded Theater” Myth

You’ve heard the phrase: “You can’t yell fire in a crowded theater.” This supposedly proves speech has limits. But this phrase is misleading and legally outdated.

The Origin

Justice Oliver Wendell Holmes used this phrase in Schenck v. United States (1919) to uphold criminal convictions for opposing the military draft during World War I.

The Problem

The Schenck decision has been largely overturned. Brandenburg v. Ohio (1969) established much stronger free speech protections.

The Reality

You actually can yell fire in a crowded theater if there’s a fire. You can probably yell it even if there’s no fire, though you might face civil liability for resulting injuries. It’s not necessarily criminal. But it could be charged under certain municipal ordinances like disorderly conduct.

What It Really Means

Speech that creates imminent lawless action or immediate physical danger may be restricted. But the standard is very high. The speech must be intended to incite immediate illegal action and likely to do so.

Bottom Line

Don’t rely on the “fire in a crowded theater” analogy. It’s not good law and oversimplifies free speech protections. It’s still a very bad idea, and the DA may try to charge you with disorderly conduct or you could be exposed to civil liability.

Scenarios: Threat or Protected Speech?

Below are a few examples of speech applying a Counterman and Brandenburg analysis. I don’t recommend testing any of these situations out, as you can always be charged if a police officer believes that there is probable cause that you have violated the statute. It could be time-consuming and expensive to fight the charges. Let’s look at some scenarios and consider the law.

Scenario 1: “I’ll kill you for being late!”

• Said jokingly to a friend who’s chronically late
• Both parties laugh
• No history of violence
• Likely Protected: Context shows jest, no reasonable person would perceive genuine threat

Scenario 2: “I’ll kill you for being late!”

• Said angrily to an employee
• You’re the boss with power over the person
• Said in private, no witnesses
• History of hostile work environment
• Possibly Criminal: Power dynamics, lack of joking context, reasonable fear created

Scenario 3: “Politicians like you should be hanged”

• Said at political rally
• Directed at general class of politicians
• No specific person targeted
• Likely Protected: Political hyperbole, not directed at specific individual

Scenario 4: “I know where you live. You should watch your back”

• Sent via text message
• Directed at specific person
• Person has restraining order against you
• You’ve driven by their house
• Likely Criminal: Specific, personal knowledge, pattern of behavior, violates court order

Scenario 5: Song lyrics with violent content

• Rap song about violence against police
• Artistic expression
• No specific officers named
• No imminent threat
• Likely Protected: Artistic expression, no specific target, Brandenburg standard not met

Scenario 6: Multiple messages after being told to stop

• “You’ll regret ignoring me”
• “I’m watching you”
• “You can’t hide forever”
• Sent after victim said “stop contacting me”
• Likely Criminal: Pattern of behavior, continued after warning, surveillance language. This would likely be charged as harassment.

Again, I certainly don’t advocate putting these scenarios to the test, and every situation has its own details. So please be nice to each other, but if you find yourself charged with a crime that you think is protected speech under Colorado law, give me a call to discuss.

Common charges:

• Harassment
• Disorderly conduct
• Stalking
• Menacing

Colorado Stalking Law After Counterman

Colorado’s stalking statute (C.R.S. § 18-3-602) must now be applied consistent with Counterman.

What Prosecutors Must Prove

• You repeatedly followed, approached, contacted, or surveilled someone
• Your conduct would cause a reasonable person serious emotional distress
• You acted recklessly regarding whether your conduct would be perceived as threatening

What Changed

Before Counterman, prosecutors only needed to prove your conduct would cause distress. Now they must prove you acted intentionally, knowingly or recklessly about the threatening nature of your conduct.

Impact on Cases

Many borderline stalking cases will now fail. Awkward attempts at romance, persistent but non-threatening contact, and misunderstood communications have stronger defenses.

Harassment Charges in Colorado

Colorado’s harassment statute (C.R.S. § 18-9-111) also requires subjective intent after Counterman.

Types of Harassment

• Strikes, shoves, or kicks
• Follows in public
• Initiates unwanted communication
• Makes obscene gestures or comments
• Repeatedly insults or taunts

Counterman’s Impact

For threat-based harassment, prosecutors must prove knowing intent or recklessness. For non-threat harassment (following, taunting), the objective standard may still apply.

Defending Against Threat Charges

If you’re facing charges for threats, stalking, or harassment, several defenses may apply:

• Lack of Subjective Intent: You didn’t intend the statement as a threat and weren’t reckless about how it would be perceived.
• Context Negates Threat: The circumstances show your statement was a joke, hyperbole, or protected speech.
• Conditional Statement: Your statement was conditional on future action by the other person.
• Political or Artistic Expression: Your statement was political advocacy or artistic expression protected by the First Amendment.
• No Reasonable Perception: Even if you were reckless, a reasonable person wouldn’t view your statement as threatening.
• False Accusation: The alleged victim fabricated or exaggerated your statements.

Why Legal Representation Matters

Counterman changed the legal landscape for threat prosecutions. Many cases that would have resulted in convictions under the old standard now have strong defenses.

An Experienced Attorney Can

• Apply Counterman’s subjective standard to your case
• Challenge prosecution’s evidence of recklessness
• Present context showing protected speech
• Identify First Amendment defenses
• Negotiate dismissals or reduced charges based on Counterman or Brandenburg

What’s at Stake

• Criminal record
• Jail time
• Restraining orders
• Loss of gun rights
• Employment consequences
• Professional license impacts

The Broader First Amendment Picture

Counterman is part of a larger body of First Amendment law protecting speech:

• Brandenburg v. Ohio: Speech advocating illegal action is protected unless it incites imminent lawless action.
• Virginia v. Black: True threats can be criminalized, but prosecutions require proof of intent to intimidate.
• Elonis v. United States: Federal threat prosecutions require more than negligence (though Elonis left open the recklessness standard).
• Counterman v. Colorado: State threat prosecutions require at least recklessness about threatening nature.

Together, these cases establish strong protections for speech that’s angry, offensive, or even disturbing, as long as it’s not truly threatening.

Practical Advice

Before You Post, Text, or Speak

• Consider how your words could be perceived
• Avoid language about violence, even jokingly, in heated situations
• Don’t contact people who’ve asked you to stop
• Don’t combine concerning words with concerning behavior
• Remember: online communications are permanent records

If You’re Investigated or Charged

• Don’t speak to police without an attorney
• Don’t try to explain or clarify statements to investigators
• Don’t contact the alleged victim
• Don’t post about the case online
• Contact an experienced criminal defense attorney immediately

Your Next Steps

Counterman v. Colorado strengthened First Amendment protections for speech in Colorado. But the line between protected speech and criminal threats remains complex and fact-specific. Context matters. Intent matters. And experienced legal representation matters most of all.

If you’re facing charges for threats, stalking, or harassment in Colorado Springs, contact our defense team today. We understand how Counterman applies to these cases and how to build First Amendment defenses that protect your rights and your freedom.

Don’t let a misunderstood statement or overzealous prosecution destroy your future. Get experienced legal help from attorneys who understand free speech law and know how to defend threat cases in the post-Counterman landscape.

If you’ve been charged with menacing, stalking, harassment, or disorderly conduct in Colorado Springs, call our Defense lawyers at McDowell Law firm to discuss your case. Our offices are located in downtown Colorado Springs in the 1st Bank Building on the corner of Cascade Ave and Pikes Peak Ave.

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PBT vs. Breathalyzer: Understanding the Difference Between Colorado’s Two Breath Tests

You get pulled over in Colorado Springs. The officer suspects you’ve been drinking and pulls out a small handheld device. “I need you to blow into this,” he says. You think: Is this the breathalyzer test? Will this go on my record? Can I refuse?

Colorado actually uses two different breath tests during a DUI investigation. Understanding the difference between them could save your license and strengthen your defense. One is voluntary with no legal consequences for refusal. The other can trigger penalties at the DM and be used against you in court..

Here’s what you need to know about preliminary breath tests (PBT) and evidentiary breath tests in Colorado.

The Two Types of Breath Tests

1. Preliminary Breath Test (PBT)

• Small, handheld device used roadside
• Administered during initial investigation
• Taken before arrest
• Results not admissible at trial
• Completely voluntary
• No penalty for refusing
• No observation period required before test

2. Evidentiary Breath Test (Intoxilyzer)

• Large, calibrated machine at police station or hospital
• Administered after arrest
• Results admissible in court
• Subject to express consent law
• Refusal triggers automatic license revocation
• This is the “official” breathalyzer test
• 20-minute observation period

The confusion between these tests causes many people to make costly mistakes. You might refuse the voluntary roadside test thinking you’re protecting yourself, then take the station test that actually counts against you. Or maybe you’ve done the opposite. What does each choice mean, and how will it affect you in your case and at the DMV?

Misunderstanding your right to refuse a breathalyzer test in Colorado can lead to automatic license suspension and other legal consequences at the DMV and in court.

What is a Preliminary Breath Test (PBT)?

The PBT is a screening tool. Officers use it during roadside investigations to help determine if they have probable cause to arrest you for DUI.

How It Works:

• Officer asks you to blow into a small handheld device
• Device provides a digital BAC reading
• Takes about 30 seconds to complete
• Usually happens after field sobriety tests

Common PBT Devices in Colorado:

• Alco-Sensor
• Intoximeter Alco-Sensor FST
• Draeger Alcotest

What Officers Can Use It For:

• Establishing probable cause for arrest
• Deciding whether to conduct further investigation
• Supporting their observations of impairment

What It Cannot Be Used For:

• Evidence of your actual BAC at trial
• Proving you were over the legal limit
• License revocation proceedings (DMV hearings)

Why PBT Results Aren’t Allowed in Colorado Courts

Colorado law specifically prohibits PBT results from being admitted as evidence of guilt at trial. Here’s why:

Lack of Reliability

• PBTs are not as accurate as evidentiary machines
• They have wider margins of error
• Calibration standards are less stringent
• Environmental factors affect results more significantly

Not Scientifically Validated

• PBTs don’t meet Colorado’s evidentiary standards
• Haven’t undergone same testing as approved devices
• Results can vary significantly from actual BAC

Limited Purpose

• Designed only as investigative screening tool
• Not intended to measure precise BAC
• Only meant to detect presence of alcohol

The Colorado Supreme Court has consistently held that PBT results are investigative tools only and cannot be used to prove intoxication at trial.

Is Taking a PBT Voluntary?

Yes. The PBT is completely voluntary in Colorado. You can refuse it without any legal penalties.

No License Consequences

• Refusing a PBT does not affect your license
• No DMV revocation or suspension
• Express consent law does not apply to PBTs

No Criminal Penalties

• Refusal cannot be used as evidence against you
• No enhanced charges for refusing
• Officer can still arrest based on other observations independent of the PBT

What the Officer Won’t Tell You:

• PBT is voluntary (they often make it sound mandatory)
• You have the right to refuse
• Refusal has no direct legal consequences

Officers are trained to make the PBT seem required. They’ll say things like “I need you to take this test” or “Colorado law requires you to submit to testing.” This is misleading when it comes to PBTs.

I have seen hundreds of body cam tapes, and, commonly, officers won’t expressly state that a PBT is voluntary. They will often just pull out their PBT and ask the suspect to blow. I think that many people feel intimidated or want to cooperate with authority, so they just proceed with the test.

More people need to be educated about the law and the consequences surrounding preliminary breath tests, and make a decision based on that knowledge.

Should You Take a PBT When Offered?

This is a tactical decision. Here are the considerations:

Arguments for Refusing the PBT

• Results help officer establish probable cause for arrest
• Gives officer ammunition for affidavit and reports
• May convince officer to arrest when otherwise uncertain
• No legal penalty for refusing
• Can’t help you in court anyway

Arguments for Taking the PBT

• If you’re completely sober, it might convince officer to let you go
• Refusal might make officer more suspicious
• Officer may arrest you anyway based on other factors
• Shows cooperation during traffic stop

The Reality

If the officer is asking for a PBT, they already suspect DUI. Most officers have already decided to arrest you. The PBT just adds documentation to their case. Unless you’ve had absolutely nothing to drink and are completely confident you’ll blow 0.00, refusing is usually the safer choice.

Should I take the PBT?

I generally think that if you’re sober, it can’t hurt and will speed up the process of getting you back on the road.
If you have had anything to drink at all, I recommend against taking a PBT.

What Happens After You Refuse a PBT

The Officer Can Still

• Arrest you for DUI based on other observations
• Conduct field sobriety tests
• Smell alcohol on your breath
• Note bloodshot eyes, slurred speech, etc.
• Request evidentiary testing at the station

The Officer Cannot

• Force you to take the PBT
• Use your refusal as evidence at trial
• Revoke your license for refusing the PBT
• Charge you with any additional crimes

Your refusal of the PBT gives the officer one less piece of evidence when processing your case and establishing probable cause for your arrest. That’s usually a good thing for your defense.

The Evidentiary Breath Test: A Different Story

After arrest, you’ll be transported to the police station or hospital for an evidentiary breath test on an Intoxilyzer machine. Under Colorado Express Consent law, just by driving on Colorado roads, you’ve already consented to a chemical test of your breath or blood if the officer has probable cause to believe you ae under the influence of alcohol, drugs, or both.

How It’s Different from a PBT

• Much larger, calibrated machine
• Results are admissible in court
• Subject to strict testing protocols
• Requires 20-minute observation period
• Provides detailed printout with multiple readings
• Operated by trained, certified officers

Approved Devices in Colorado

• Intoxilyzer 9000 (most common)
• Other devices approved by Colorado Department of Public Health

Why These Results Are Admissible

• Machines meet scientific reliability standards
• Regular calibration and maintenance are required
• Standardized testing procedures
• Quality control protocols in place
• Officers must be certified to operate the machine

Key Differences: PBT vs. Evidentiary Test

	PBT	Evidentiary Test
Timing	Before arrest, during investigation	After arrest, at a police station or hospital
Device	Small, handheld, portable	Large, stationary, calibrated machine
Admissibility	Not admissible at trial	Fully admissible in court
Voluntariness	Completely voluntary, no penalty for refusal	Subject to express consent, major penalties for refusal
Accuracy	Less accurate, wider margin of error	More accurate, meets scientific standards
Legal Consequences	None for refusing	1-year license revocation for refusing (however you can apply for early reinstatement)
Purpose	Investigative tool to establish probable cause	Proof of BAC for criminal prosecution

Understanding the Observation Period

One critical difference is the observation period required before evidentiary testing.

Before Evidentiary Test

• Officer must observe you for 20 minutes
• Ensures you don’t eat, drink, smoke, or vomit, burp
• Removable dental implants, piercings, and retainers should be removed
• Remove gum, mints, or anything else from the mouth.
• Prevents mouth alcohol contamination
• Required by Colorado law and testing protocols

Before PBT

• No observation period required
• Can be administered immediately
• More susceptible to false readings from mouth alcohol
• Another reason PBT results are unreliable

Failure to properly observe you before an evidentiary test can invalidate the results. PBTs have no such safeguards.

How PBT Results Can Still Hurt You

Even though PBT results aren’t admissible at trial, they can still affect your case:

Probable Cause for Arrest

• Officer can testify they conducted a PBT
• Can say the result indicated presence of alcohol
• Cannot state the specific BAC number
• Helps establish reasonable suspicion for arrest

Officer’s Affidavit

• PBT results appear in police reports
• Prosecutors see the results
• Influences charging decisions
• May affect plea negotiations

Your Knowledge

• If PBT shows high BAC, you know what evidentiary test might show
• Can inform your decision about evidentiary test
• The officer typically won’t share the actual number with you

Accuracy Issues with Both Tests

PBT Accuracy Problems

• Environmental factors (temperature, humidity)
• Mouth alcohol contamination
• Radio frequency interference
• Calibration drift
• User error in administration

Evidentiary Test Issues

• GERD and acid reflux create false readings
• Dental work can trap alcohol
• Certain diets (keto) produce acetone
• Medical conditions affect results
• Machine calibration and maintenance errors

Both tests have accuracy issues, but PBTs are significantly less reliable.

Common Scenarios and What to Do

Scenario 1: Officer asks for PBT, you’ve had 2-3 drinks

• Politely refuse the PBT
• Expect to be arrested anyway
• Preserve your right to refuse evidentiary test later

Scenario 2: Officer asks for PBT, you’ve had nothing to drink

• Consider taking it to demonstrate sobriety
• Should blow 0.00 and might avoid arrest
• Still have right to refuse

Scenario 3: You took PBT and it showed high reading

• Expect arrest
• Prepare for evidentiary test decision at station
• Contact attorney before deciding on evidentiary test

Scenario 4: Officer threatens consequences for refusing PBT

• Stand firm in your refusal
• There are no legal consequences for PBT refusal
• Don’t be intimidated by false claims

What Officers Say vs. What the Law Says

Officer: “Colorado law requires you to take this test.”

Reality: Express consent only applies to evidentiary tests after arrest.

Officer: “If you refuse, I’ll take your license.”

Reality: PBT refusal has zero effect on your license. But refusing an evidentiary test of your breath or blood, does. A refusal of the evidentiary test can revoke your license for a year.

Officer: “This will help you if you’re under the limit.”

Reality: If you’re under the limit, officer observations should be enough. PBT rarely helps defendants.

Officer: “I need you to blow into this device.”

Reality: “Need” is not the same as “legally required.” You can refuse.

Your Rights During Breath Testing

Before Arrest (PBT)

• Right to refuse with no consequences
• Right to remain silent
• Right to not perform field sobriety tests
• Not entitled to attorney before testing

After Arrest (Evidentiary Test)

• Right to know consequences of refusal
• Right to choose between breath and blood (if offered)
• Right to contact attorney if reasonably possible
• Right to understand express consent advisement

Strategic Considerations

If You’re Going to Refuse Something: Refuse the PBT (no consequences) but carefully consider the evidentiary test (major consequences).

If You’re Going to Take Something: Skip the PBT (doesn’t help you) and make an informed decision about the evidentiary test based on circumstances.

What Makes Sense

• PBT rarely helps defendants
• PBT refusal has no downside
• Evidentiary test refusal has serious downsides
• Each case requires individual analysis

Getting Legal Advice

If you’ve taken a PBT, refused a PBT, or face decisions about evidentiary testing, you need experienced legal counsel.

An Experienced DUI Attorney Can

• Explain how PBT results affect your case even if inadmissible
• Challenge the admissibility of evidentiary test results
• Identify testing protocol violations
• Contest the reliability of breath testing
• Negotiate better outcomes based on testing weaknesses

Time is Critical

• DMV hearing deadline is 7 days from arrest
• Evidence gathering starts immediately
• Prosecutor reviews reports quickly
• Early attorney involvement makes difference

Your Next Steps

Understanding the difference between PBT and evidentiary breath tests is crucial for protecting your rights during a DUI investigation. The PBT is a voluntary screening tool that can’t be used against you at trial but helps officers build probable cause. The evidentiary breath test at the station is the real test that counts for your criminal case and license.

If you’ve been arrested for DUI in Colorado Springs after taking or refusing either test, contact the Colorado Springs criminal defense lawyers at McDowell Law Firm immediately. We understand the science behind breath testing, the legal limitations on test results, and how to challenge unreliable evidence in court.

Don’t let confusion about breath testing hurt your case. Get experienced help from attorneys who know exactly how these tests work and how to fight them. Contact our Colorado Springs DUI defense team today for a confidential consultation about your case.

The post PBT vs. Breathalyzer: Understanding the Difference Between Colorado’s Two Breath Tests first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/pbt-vs-breathalyzer/
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