Benefits of Hiring a Property Crime Defense Lawyer in Colorado

Property crimes are offenses where the property is the subject of the offense. Some good examples of property crimes include theft, arson, burglary, and shoplifting. The level of these crimes can vary greatly based on the value, damage, and nature of the crime.

Colorado property crimes range from petty offenses, such as theft or property damage involving less than $300, to class 2 felonies. A low-dollar allegation can still carry jail time and a criminal record, while the most serious property offenses can expose a person to decades in prison.

Don’t take property crime allegations lightly. Even in cases where no one was physically injured, the property may have been returned, or the amount involved may seem small. You may assume you can explain the situation to the police, pay for the damage, and move on.

That is often where people make their first mistake.

Colorado property crime cases can carry jail or prison, fines, restitution, probation, and a criminal record. Some charges depend on the value of property. Others depend on what the prosecution claims you intended to do. A burglary case, for example, may turn less on what was taken than on why the government says you entered or remained in a building.

In Colorado, prosecutors treat arson cases incredibly seriously. With a history of devastating fires in El Paso County, it’s understandable why.

The benefits of hiring a property crime defense lawyer in Colorado begin well before trial. A defense lawyer can protect you during an investigation, stop you from giving the government evidence it does not already have, examine how police obtained their evidence, and begin building a defense before important records or witnesses disappear.

If the police ask your side of the story, remember this: they are usually trying to build a case, not clear up a misunderstanding. You have the right to remain silent. Use it. Then call a lawyer.

What Is Considered a Property Crime in Colorado?

Colorado places many property crimes in Article 4 of the Criminal Code. Other related offenses, including identity theft, appear elsewhere. The label “property crime” covers a wide range of conduct, from a low-level shoplifting allegation to a serious felony burglary or arson case.

Common property crime charges include:

Theft

Colorado’s theft statute, C.R.S. § 18-4-401, covers more than physically taking an item. A person may be accused of theft for obtaining, retaining, or exercising control over another person’s property without authorization, or through threat or deception, when the required intent or knowledge is present.

The value of the property can change the level of the charge. Theft may range from a petty offense to a serious felony. The type of property and the alleged victim can also affect how a case is charged.

A lawyer for theft charges can help you understand the specific allegations, potential penalties, and defenses available in your case.

Shoplifting

Shoplifting is generally prosecuted under Colorado’s theft law. These cases are often filed in City (municipal) Court if they happened within city limits. These cases may involve allegations that a person concealed merchandise, changed a price tag, failed to scan an item, passed a point of sale without paying, or helped another person take merchandise.

Store security video is often the most important piece of evidence in a shoplifting offense. However, these cases aren’t always open and shut. Your lawyer should review the full video, the payment record, witness statements, and the circumstances surrounding the alleged loss.

Burglary

Burglary does not require proof that anything was stolen. Colorado burglary charges usually focus on whether a person unlawfully entered or remained in a building or occupied structure with the intent to commit a crime inside.

First, second, and third-degree burglary carry different elements and penalties under C.R.S. §§ 18-4-202 through 18-4-204.

A dispute about permission to enter, ownership, identity, or intent can be central to the defense.

Criminal Mischief

Criminal mischief under C.R.S. § 18-4-501 involves knowingly damaging another person’s real or personal property. It can also apply to property owned jointly with someone else. This matters in domestic and family disputes, where a person may mistakenly believe that co-ownership prevents a criminal charge.

You can break your own stuff, but putting a hole in the wall of a rented apartment or the marital home can get you charged with criminal mischief.

The amount of alleged damage affects the offense level. Repair estimates, replacement claims, depreciation, and the actual condition of the property factor into the level of the charges.

Criminal Trespass

Colorado has first, second, and third-degree criminal trespass under C.R.S. §§ 18-4-502 through 18-4-504. The degree can depend on the type of property involved and the conduct alleged. Trespass cases often involve questions about notice, permission, property boundaries, locked vehicles, dwellings, and whether the accused knew the entry or remaining was unlawful.

Arson

Colorado recognizes several degrees of arson under C.R.S. §§ 18-4-102 through 18-4-105. Depending on the charge, the prosecution may need to prove knowing, intentional, or reckless conduct involving fire or explosives. The ownership and occupancy of the property, the danger created, and the amount of damage may affect the charge.

Motor Vehicle Theft

Motor vehicle theft is covered by C.R.S. § 18-4-409. These cases can involve allegations of taking, keeping, exercising control over, or receiving a vehicle without authorization. The facts may raise issues involving consent, mistaken ownership, borrowed vehicles, rental agreements, identification, and what the accused knew about the vehicle.

I have seen cases where a child was charged with AMVT for taking a parent’s car without permission (usually after an accident). I have also seen cases where a person is charged with keeping a vehicle after the rental agreement period expired.

These are many defenses and elements to consider in motor vehicle theft cases that add nuance and/or mitigation to the offense.

Identity Theft

Identity theft under C.R.S. § 18-5-902 generally involves using another person’s personal identifying or financial information without permission for an unlawful purpose.

These cases often depend on digital records, account access, device evidence, financial transactions, and proof of who actually used the information. These charges most often arise from using a credit card (or other financial means/device) of another without permission.

Receiving Stolen Property

People still use the phrase “receiving stolen property,” but Colorado repealed its former standalone theft-by-receiving statute. Conduct involving knowingly receiving, retaining, or controlling stolen property is generally prosecuted under the current theft statute, C.R.S. § 18-4-401.

Possession alone does not answer every question. The prosecution must still prove the elements of the charged offense, including the required mental state. How the property was acquired, what the accused was told, what the property looked like, and what the accused said to police may all matter.

A common charge that we see with theft crimes is also false information to a pawn broker. See C.R.S. 12-56-104(5), and C.R.S. 29-11.9-104(5) to learn about the levels of charges for providing false info when pawning an item. Maybe I’m dating myself a little, but when I was a DA, we’d often see people who would bring CDs (yes, music used to be on discs, kids…) to pawn brokers that they had obtained through illegal means.

Stolen CDS would typically bring $1-$3 per CD so it was an easy thing to shoplift and walk right over to the pawn shop for easy cash. And subsequently, several criminal charges.

Why Property Crime Charges Should Never Be Taken Lightly

Property crime charges vary widely. A first shoplifting allegation is not the same as first-degree burglary. Still, even a case that begins as a misdemeanor can cause lasting damage.

Depending on the charge and facts, the possible consequences may include:

• Jail or prison
• Court-ordered fines and costs
• Restitution for proven losses
• Supervised or unsupervised probation
• Community service or treatment requirements
• A criminal record that appears in background checks
• Difficulty finding or keeping employment
• Housing and rental problems
• Professional licensing consequences
• Immigration consequences for noncitizens
• Firearm restrictions after certain convictions

Restitution deserves special attention. The amount requested by an alleged victim or insurer is not always the correct legal amount.

A lawyer can examine whether the claimed loss was directly caused by the criminal conduct, whether insurance or returned property affects the calculation, and whether repair or replacement figures are supported.

A conviction can also reach beyond the sentence imposed in court. Employers, landlords, licensing boards, schools, and immigration authorities may evaluate the same case under different rules. That is why a proposed plea should be judged by its full effect, not only by whether it avoids jail.

10 Benefits of Hiring a Property Crime Defense Lawyer in Colorado

1. Protects Your Constitutional Rights

Police may ask for consent to search your home, car, phone, computer, backpack, or other property. They may also ask you to explain where an item came from or why you were at a particular location.

You do not need to help police build a case against you. A lawyer can communicate with investigators, advise you whether to provide any information, and challenge evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments.

One of the main reasons to hire a property crime defense lawyer in Colorado is to make sure the government follows the rules while investigating you.

2. Evaluates Whether Police Made Mistakes

Property crime investigations often rely on searches, warrants, witness identifications, surveillance video, location data, phone records, and statements. Each step creates opportunities for error.

A lawyer can examine questions such as:

• Did police have probable cause for the search warrant?
• Did the warrant describe the correct place and items?
• Did officers exceed the scope of the warrant?
• Was consent to search actually voluntary?
• Was the detention unlawfully extended?
• Were statements obtained after an improper custodial interrogation?
• Was evidence preserved and handled correctly?

If evidence was obtained illegally, the defense may ask the court to suppress it. Suppression can weaken the prosecution’s case and, in some cases, lead to dismissal.

3. Reviews Every Piece of Evidence

The police report is a starting point. It is not the whole case.

A property crime attorney can seek body-camera footage, dispatch records, store video, photographs, receipts, repair estimates, forensic reports, device-extraction records, social media evidence, and witness statements. The defense can also look for material the initial investigator ignored.

Video should be viewed in full when possible. A short clip may leave out what happened before or after the alleged offense. A written summary of a recording may omit facts that help the defense.

4. Identifies Weaknesses in the Prosecution’s Case

The prosecution must prove every element beyond a reasonable doubt. A defense lawyer looks for the gap between suspicion and proof.

Common weaknesses include:

• Lack of criminal intent
• Mistaken identity
• Permission or a reasonable belief that permission existed
• Joint ownership or a legitimate claim of right
• Unreliable eyewitness testimony
• Incomplete or unclear video
• Unsupported property values or damage estimates
• Lack of proof that the accused knew property was stolen
• Weak digital attribution
• Evidence obtained through an unlawful search or interrogation

A person can be near stolen property without stealing it. A person can possess another’s property without knowing it was stolen. A person can enter a place without intending to commit a crime inside. Those distinctions can decide a case.

5. Develops the Strongest Defense Strategy

There is no single defense to every property crime. The right strategy depends on the statute, the evidence, the accused person’s history, and the goal of the case.

Possible defenses may include lack of intent, consent, mistaken identity, alibi, a legitimate claim of right, insufficient proof of value, lack of knowledge, duress, entrapment, or constitutional violations. Some cases require immediate preservation of surveillance footage or electronic records. Others require an investigator, forensic specialist, appraiser, or expert witness.

The importance of hiring a property crime lawyer in Colorado is especially clear when early decisions could limit later defenses.

6. Negotiates to Reduce or Dismiss Charges

Many criminal cases resolve without trial, but effective negotiation requires more than asking the prosecutor for leniency. The defense must show why the government’s proof is weak, why a legal issue creates risk, or why a fair resolution serves the interests of justice.

Depending on the case, an attorney may seek dismissal, a reduction from a felony to a misdemeanor, a deferred judgment, a non-jail sentence, a restitution agreement, or another outcome that limits long-term harm. No lawyer can promise a particular result. A strong factual and legal presentation can improve the position from which negotiations begin.

7. Helps You Avoid Maximum Penalties

If a conviction cannot be avoided, the defense still matters at sentencing. A lawyer can present mitigation, correct inaccurate information, contest an unsupported restitution request, and propose a sentence that addresses the court’s concerns without imposing unnecessary punishment.

Mitigation may include employment history, education, treatment, mental health evidence, community support, voluntary restitution, lack of prior convictions, and the circumstances surrounding the offense. Timing matters. An attempt to pay restitution or contact an alleged victim without legal advice can sometimes create new evidence or violate a protection order.

8. Protects Your Future Beyond the Courtroom

The best result is not always the plea with the shortest sentence. A conviction can affect employment, housing, education, security clearances, professional licenses, immigration status, and firearm possession.

An attorney should consider whether a proposed disposition may later qualify for record sealing and whether the language of the plea creates added risk. Noncitizens should also obtain advice from a qualified immigration attorney before accepting a plea. Immigration law can treat theft and fraud offenses differently from Colorado criminal law.

This is one of the strongest advantages of hiring a Colorado property crime attorney. The lawyer can evaluate the entire cost of an outcome before you agree to it.

9. Represents You Confidently in Court

Court involves deadlines, evidentiary rules, motions, witness examinations, and strategic choices. A property crime lawyer can appear with you, explain what will happen, argue motions, cross-examine witnesses, negotiate with the prosecutor, and try the case when necessary.

Trial preparation also affects negotiation. Prosecutors know which defense lawyers are willing and able to take a case to a jury. A defense prepared for trial has more credibility when it points out problems in the government’s evidence.

10. Provides Peace of Mind During a Stressful Time

Criminal charges create uncertainty. You may worry about work, family, money, and what will happen in court. You may also receive advice from friends or online sources that does not fit your case.

A lawyer gives you one reliable place to get answers. You should know what you are charged with, what the prosecution must prove, what evidence exists, what defenses may apply, and what comes next. No attorney can remove all uncertainty, but informed decisions are easier than guesses.

Why Hiring a Former Prosecutor Can Be an Advantage in Property Crime Defense

Before I became a criminal defense lawyer, I served as a Deputy District Attorney in Colorado’s Fourth Judicial District. That experience matters because prosecutors and defense lawyers examine the same file from different positions.

A former prosecutor may bring practical insight into:

• How charging decisions are made
• Which facts a prosecutor is likely to emphasize
• What evidence may change a prosecutor’s evaluation
• How plea offers are assessed
• When a case is likely to proceed to trial
• How local judges and court procedures affect strategy

Former prosecutorial experience is not a guarantee of a result. It is a useful perspective. I know how the government builds a property crime case because I have worked on both sides of a criminal courtroom.

Local experience also matters. Procedures and negotiation practices can differ between judicial districts, counties, and municipal courts. A lawyer who regularly appears in Colorado Springs and El Paso County can prepare you for the court where your case will actually be heard.

When Should You Contact a Property Crime Defense Lawyer?

Contact a lawyer as soon as you learn that you may be under investigation. Do not wait for formal charges if police are already gathering evidence.

You should seek legal advice if you have been:

• Arrested for a property crime
• Contacted by a detective or other law enforcement officer
• Asked to give a written, recorded, or in-person statement
• Told that police want to search your phone, home, car, or computer
• Served with a summons or complaint
• Accused of theft, burglary, shoplifting, criminal mischief, trespass, arson, motor vehicle theft, or identity theft
• Identified as a suspect by an employer, store, neighbor, former partner, or family member
• Accused in juvenile court of conduct involving theft or property damage

If police say they only want to hear your side, you should still speak with a lawyer first. An innocent explanation can be misunderstood, contradicted by incomplete evidence, or used to fill a hole in the investigation.

Do not delete messages, destroy records, contact witnesses to influence what they say, or return property without legal advice. Preserve relevant information and let your attorney decide how it should be handled.

How Much Does It Cost to Hire a Property Crime Defense Lawyer?

There is no single fee for every property crime case. The cost depends on factors such as:

• Whether the charge is a petty offense, misdemeanor, or felony
• The number and seriousness of the charges
• Whether the case is still under investigation
• The volume of video, financial, or digital evidence
• Whether expert witnesses or investigators are needed
• Whether motions must be litigated
• Whether the case resolves through negotiation or goes to trial

Some criminal defense lawyers charge a flat fee for defined stages of a case. Others charge hourly. Ask what the quoted fee covers, whether trial is included, whether expert or investigation costs are separate, and whether payment arrangements are available.

Is it worth hiring a property crime attorney in Colorado? When your freedom, record, career, or immigration status may be affected, the cost of handling the case poorly can be far greater than the legal fee. The best way to learn what representation will cost is to speak privately with a lawyer who knows the exact charge and facts.

Why Choose The McDowell Law Firm for Property Crime Defense?

I began my legal career as a Deputy District Attorney in El Paso County. I have practiced criminal defense since 2007. That experience allows me to evaluate a case from both sides while giving every client a defense built around the actual facts.

At The McDowell Law Firm, you receive:

• Representation from former prosecutor Joshua J. McDowell
• Extensive Colorado criminal defense experience
• A strategy tailored to your evidence, priorities, and risk
• Local courtroom experience in Colorado Springs and El Paso County
• Direct, client-focused communication
• Careful negotiation backed by trial preparation
• A free and confidential initial consultation

Why choosing a Colorado property crime lawyer matters is simple. Colorado statutes, local procedures, and the facts of your case control what happens next. You need advice based on those facts, not a generic answer from the internet.

If you are facing a property crime investigation or charge in Colorado Springs, call The McDowell Law Firm at 719-227-0022. The earlier we become involved, the more opportunity we may have to protect evidence, control communication with police, and shape the defense.

Frequently Asked Questions

1. Do I need a lawyer for a property crime charge in Colorado?

You are not legally required to hire a lawyer, but handling a criminal charge alone can expose you to avoidable risks. Even a lower-level offense may result in jail, probation, restitution, and a criminal record.

A lawyer can explain the charge, review the evidence, identify defenses, negotiate with the prosecutor, and represent you in court. If you are asking, “Should I hire a property crime lawyer in Colorado?” get a consultation before making statements or accepting an offer.

2. What crimes are considered property crimes in Colorado?

Common examples include theft, shoplifting, burglary, criminal mischief, criminal trespass, robbery, arson, motor vehicle theft, and conduct involving stolen property.

Identity theft is generally classified as a fraud offense under Article 5, but it is often discussed with property crimes because it involves unauthorized use of another person’s identifying or financial information.

3. Can a property crime charge be dismissed in Colorado?

Yes, a charge may be dismissed, but dismissal depends on the facts and law. Reasons may include insufficient evidence, witness problems, mistaken identity, lack of intent, proof of permission or ownership, suppressed evidence, or a negotiated case resolution. A lawyer cannot guarantee dismissal.

4. How does the value of stolen or damaged property affect criminal charges?

For theft and criminal mischief, value or damage can determine whether an offense is charged as a petty offense, misdemeanor, or felony. Under Colorado’s current value scale, the levels generally rise at $300, $1,000, $2,000, $5,000, $20,000, $100,000, and $1 million.

Special rules may apply based on the property, victim, offense, aggregation of multiple acts, or other circumstances. The defense can challenge how the government calculated value or damage.

5. What if I was falsely accused of a property crime?

Do not try to fix the accusation by repeatedly contacting the alleged victim or explaining yourself to police. Preserve messages, receipts, location records, video, photographs, and witness information.

A lawyer can present exculpatory evidence in a controlled way while protecting you from creating harmful statements.

6. Can a first-time offender avoid jail for a property crime in Colorado?

Sometimes. The outcome depends on the offense, loss amount, evidence, criminal history, victim’s position, restitution, and local sentencing practices.

Possible resolutions may include dismissal, a deferred judgment, probation, community service, or another non-jail sentence. Serious burglary, robbery, arson, and high-value theft cases may carry substantial incarceration exposure even for a person with no prior record.

7. What should I do if police want to question me about a property crime?

The same thing I always say: Don’t answer any questions. About the case. Be polite. Say that you want to remain silent and speak with a lawyer.

Do not consent to searches. Do not lie, argue, resist, or physically interfere with officers. Ask whether you are free to leave. If you are allowed to leave, do so calmly and contact an attorney.

8. Can a lawyer negotiate reduced charges for a property crime?

Yes. That’s one of the most important parts of a defense attorney’s job. Depending on the evidence and circumstances, a lawyer may negotiate for dismissal, reduced charges, a deferred judgment, a sentencing agreement, or reduced restitution. The strength of the defense often determines the quality of the negotiation.

Your criminal defense attorney will examine the evidence to determine the strengths/weaknesses of a case, determine if there are potential suppression issues or defenses, and provide counsel every step of the way.

9. Will a property crime conviction affect my future?

It can. A conviction may affect employment, housing, professional licensing, education, security clearances, immigration status, and firearm rights. Whether a record can later be sealed depends on the charge, disposition, waiting period, and criminal history.

These issues should be considered before entering any plea. Many charges can be sealed in Colorado after the required waiting period. Speak to your attorney about your situation to see if and when your case will be eligible.

10. Can illegally obtained evidence be used against me?

Evidence obtained through an unconstitutional search or interrogation may be suppressed after a successful motion hearing. Suppression is not automatic, and the DA will often fight suppression motions bitterly. Some cases live and die based on evidence that was obtained through potentially unconstitutional means.

The prosecutor knows how important that evidence may be in a case, and in many instances, without that evidence, the case cannot proceed. This shows the importance of certain pieces of evidence. Cases where a stop is illegal, and evidence is obtained as a result of the illegal stop, can also be suppressed.

You may have heard the phrase “fruit of the poisonous tree”; this refers to the exclusionary rule, making evidence inadmissible if it was obtained by unconstitutional/illegal means.

11. How can a local Colorado property crime defense lawyer help my case?

A Colorado Springs lawyer brings knowledge of Colorado law, local court procedures, prosecutors, judges, and available programs. The lawyer can also respond quickly to court dates and investigate evidence in the area. Local knowledge does not guarantee an outcome, but it can help the defense make informed decisions.

I’ve been handling criminal cases in El Paso County since 2004. First as a DA, and then as a defense attorney since 2007. Personally, I prefer that the majority of my work is in the Fourth Judicial District (El Paso and Teller Counties) and Colorado Springs, because I’ve been in one or more of those Courthouses almost every single weekday for the last 22 years.

12. What defenses are available for property crime charges?

Potential defenses include lack of intent, consent, mistake of fact, mistaken identity, alibi, claim of right, lack of knowledge, insufficient proof of value, unreliable witnesses, incomplete video, weak digital attribution, duress, entrapment, and violations of constitutional rights.

The available defense depends on the elements of the specific charge and the evidence. Defenses are fact-specific to a case, and not one-size-fits-all. Before we decide the best defense in your matter, we need to understand the charges, the evidence, and the facts of your case.

When someone asks me on the phone what I expect in their case, I tell them how the process works. Attorneys can’t give well-informed advice on how your case will resolve until they see the discovery and understand the facts/evidence in your case. “Am I going to prison?” “Will I be convicted?” The truth is, no attorney can (responsibly) answer that on your first phone call.

The reason you hire a professional is to review your case, and then they work to obtain the most favorable outcome for you. This is like asking a doctor over the phone about a serious illness before exams, imaging, blood work, etc. “How bad is it, Doc? How long do I have?” If that doctor tells you, maybe you should keep looking for another doctor.

Talk to a Colorado Springs Property Crime Defense Lawyer

If you are under investigation or have been charged, do not wait for the case to get worse before asking for help. Call The McDowell Law Firm at 719-227-0022 to request a free, confidential consultation. Our office is located at 2 N. Cascade Avenue, Suite 1220, in downtown Colorado Springs. We serve El Paso and Teller Counties and the greater Colorado Springs area.

Every case is different. This article provides general information and is not legal advice. Do not rely on a blog post to make decisions about a pending criminal case.

Speak with a qualified attorney about your specific facts. As with all my blog posts, they serve as informational reads to familiarize yourself with some of the basics of a topic in Colorado law. A criminal case is complex and has a lot of moving parts and variables.

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Can the Police Do That? Colorado Search, Arrest and Warrant Laws

You’ve been pulled over for speeding, and the officer tells you he is going to search your car.

Can he do that?

Police take your phone and tell you they are keeping it.

Is that legal?

You refuse a blood test after a DUI arrest. The officer tells you he will get a warrant and take your blood anyway.

Can he really do that? What if I refuse?

I have handled criminal and DUI cases in Colorado Springs for more than 20 years, first as a Deputy District Attorney and since 2007 as a criminal defense attorney. I hear some version of this question all the time:

“Can the police actually do that?”

Usually, the answer is “it depends.”

Not every answer is cut-and-dried. It depends on what the police are trying to do and what information they have at the time. These answers aren’t always easy. That’s why fact patterns are argued in court for a judge to decide. Even when a Judge decides, many search and seizure cases still go up on appeal for another Judge to review the facts and the legal application. Appellate courts stay busy with just this sort of issue because, even for lawyers and Judges, these aren’t always easy answers.

There are three terms we need to discuss when considering law enforcement searches: reasonable suspicion, probable cause, and a warrants.

They are all important parts of a legal search and seizure, but they are not the same thing.

The Fourth Amendment protects you from unreasonable searches and seizures. Article II, Section 7 of the Colorado Constitution provides similar protection. But neither constitution says police always need a warrant.

Sometimes police need reasonable suspicion.

Sometimes they need probable cause.

Sometimes probable cause is enough to act without a warrant.

Other times, police may have probable cause and still need to go to a judge.

So what can the police actually do in Colorado?

Key Takeaways

• Police generally need probable cause or legal authority to search or arrest someone in Colorado.
• A search warrant must be supported by probable cause and identify the person, place, or property to be searched.
• Police can make some arrests without an arrest warrant when Colorado law provides legal grounds for the arrest.
• Warrantless searches are limited by constitutional protections, although specific exceptions may allow a search without a warrant.
• An unlawful search or arrest can affect the admissibility of evidence, making it important to understand your rights and available legal remedies.

Reasonable Suspicion vs. Probable Cause: What Is the Difference?

Let’s start with the terminology.

Reasonable suspicion is the lower standard of the two.

An officer needs specific facts that reasonably suggest criminal activity may be occurring. It has to be more than a hunch.

The landmark case is Terry v. Ohio, 392 U.S. 1 (1968). Terry allows police to briefly detain someone to investigate suspected criminal activity when the officer has reasonable, articulable suspicion.

Probable cause is a higher standard.

Probable cause generally exists when the facts would lead a reasonably cautious person to believe that a crime occurred, that a particular person committed it, or that evidence of a crime will be found in a particular place.

It does not mean the police have enough evidence to convict you.

This standard is well below “beyond a reasonable doubt”

In Illinois v. Gates, 462 U.S. 213 (1983), the Supreme Court explained that probable cause is based on the totality of the circumstances. Courts look at the entire picture rather than applying a mathematical formula.

Then there is a warrant.

A warrant is not really another level of suspicion. Usually, it means the police took their probable cause to a judge, explained what they wanted to do, and received judicial authorization for a search/seizure.

That distinction matters because sometimes probable cause lets police act immediately. Sometimes it only gives them enough evidence to ask a judge for a warrant.

Want to learn more? explore our complete guide on ‘Probable Cause vs Reasonable Suspicion in Colorado‘

Can the Police Detain Me Without Probable Cause?

You bet. They do it all the time.

Police do not need probable cause to briefly detain you. Reasonable suspicion can be enough. You may have seen cases online or on TV where the police say, “You’re not under arrest, but I am detaining you right now.” There’s a reason they do that, but there is an important step before that.

Police do not need any suspicion at all to walk up and talk to you if the encounter is truly voluntary. An officer can approach you on the sidewalk, ask your name, ask where you are going, or ask if you will answer some questions.

The constitutional issue changes when you are no longer free to leave.

That is a detention.

Under Terry, police need reasonable suspicion to detain you for investigation.

Colorado follows the same rule. People v. Ball, 2017 CO 108, discusses the limits on investigative detentions. Police can investigate based on reasonable suspicion, but the detention must remain reasonably related to a legitimate investigative purpose.

Let me give you an example.

Police receive a description of someone who just burglarized a house. A few blocks away, they see someone reasonably matching that description. White male, with a black hoodie and jeans.

They may be able to stop that person, ask questions, check identification, and investigate.

They do not need probable cause to make that initial stop.

But suppose five minutes later it becomes obvious they have the wrong person. Police cannot keep the person there for another hour just to see if something else turns up.

Real Case: I had a case where police were investigating a burglary. They were looking for a “White truck”, that was the entire description. 2 miles away and 30 minutes later, my client was stopped by police based on “reasonable suspicion”. He was in a dark grey truck. (Note: He was also drunk.)

At was then the police stopped worrying about him as a burglary suspect, and started processing him for DUI.

During the subsequent DUI case, I challenged the stop. My position: this is Colorado; you can’t walk a block without seeing three trucks. And dark grey isn’t close to white.

They didn’t describe the driver, the make or model of the truck. Driving a truck 2 miles from the burglary does not equal reasonable suspicion.

Verdict: As we were sitting in the courtroom getting ready to call the officer to the stand, the DA said, “You’re right, it isn’t even close. I’ll dump it.”

A detention is supposed to investigate the reasonable suspicion that justified it.

There is another misconception I see often.

Being lawfully detained does not automatically mean police can frisk you.

A Terry frisk requires an additional safety justification. The officer must have a reasonable basis to believe the person may be armed and dangerous.

A Terry frisk is a limited search for weapons. It is not supposed to be a general evidence search.

Can the Police Arrest Me Without a Warrant?

Yes.

In Colorado, police generally can arrest you without an arrest warrant when they have probable cause (we often say “PC”) to believe an offense occurred and probable cause to believe you committed it. Colorado also addresses warrantless arrest authority in C.R.S. § 16-3-102.

A good example are domestic violence cases. If law enforcement has PC for a DV in Colorado, you’re spending the night in jail.

The U.S. Supreme Court recognized the general constitutional rule for public arrests in United States v. Watson, 423 U.S. 411 (1976).

A very recent Colorado case shows why the “you committed it” part matters.

In People v. McGee, 2026 CO 14, police were investigating sexual offenses involving a suspect who was supposed to meet someone at a park. Officers knew the suspect was believed to be a man in his thirties who used a scooter.

McGee showed up at the park on a scooter around the expected time.

Police arrested him.

The problem was identification.

The Colorado Supreme Court held that the description used by police was not specific enough to establish probable cause that McGee was the actual suspect. The court suppressed the evidence that resulted from the unlawful arrest.

That is a good example of probable cause in the real world.

Police can have strong evidence that somebody committed a crime. That does not automatically give them probable cause to arrest you.

They need enough information connecting you to the crime.

The rule also changes when police want to enter your house.

In Payton v. New York, 445 U.S. 573 (1980), the Supreme Court held that police generally cannot make a warrantless, nonconsensual entry into someone’s home to make a routine arrest.

So imagine police have probable cause to arrest you.

If you are standing on the sidewalk, they may be able to arrest you immediately.

If you are sitting inside your house, probable cause alone generally does not give them permission to kick in the door. But if they are chasing a person into the home, the court may look at that differently.

Police ordinarily need an arrest warrant or another legal basis to enter, such as consent or exigent circumstances.

Can the Police Search My Car Without a Warrant in Colorado?

Yes.

This surprises a lot of people.

Cars do not receive the same Fourth Amendment protection as homes.

Under what lawyers call the automobile exception, police can search a vehicle without first getting a warrant when they have probable cause to believe the vehicle contains contraband or evidence of a crime.

The rule dates back to Carroll v. United States, 267 U.S. 132 (1925).

Colorado reaffirmed the automobile exception recently in People v. Furness, 2025 CO 16.

In Furness, officers were investigating gunshots. A witness eventually identified Furness as the shooter. Police searched the vehicle, including the trunk, and found a handgun, ammunition, and drugs.

The Colorado Supreme Court held that the totality of the circumstances gave police probable cause to believe evidence would be found in the trunk.

Note: Totality of the circumstances is a phrase you’ll hear a lot in warrantless search and seizure cases.

Once the automobile exception applies, police do not also need to prove there was no time to get a warrant.

But the search still has limits.

United States v. Ross, 456 U.S. 798 (1982), tells us that police can search areas and containers where the object they are looking for could reasonably be located.

Suppose police have probable cause to believe there is a stolen rifle in your car.

They might be able to search the trunk.

They cannot justify opening a tiny pill bottle by saying they were looking for the rifle.

It obviously cannot be there.

If we change the scenario to be a search for suspected evidence from a rifle to a small bag of cocaine, then suddenly many more places in the vehicle could reasonably contain what police are looking for.

What they have probable cause to look for helps determine where they can look.

There are other exceptions too.

You can consent to a search.

Police can sometimes conduct an inventory search after a lawful impoundment.

Police may also conduct a limited protective search for weapons when they reasonably believe an occupant is dangerous and could gain access to a weapon.

Michigan v. Long, 463 U.S. 1032 (1983), established that rule.

Colorado applied it in People v. Delacruz, 2016 CO 76. Among other facts, the officer saw a large knife near the passenger’s feet. The Colorado Supreme Court upheld a limited protective search behind the seats for additional weapons as a lawful search.

But this is important: reasonable suspicion that someone may be dangerous is not the same thing as probable cause to search the entire car for evidence.

A weapons search is supposed to be about safety.

Arresting the driver also does not automatically give police the right to search the car.

Arizona v. Gant, 556 U.S. 332 (2009), limited that rule. Police may search the passenger compartment incident to arrest when the arrested person could access it at the time of the search, or when it is reasonable to believe the car contains evidence of the offense of arrest.

If you are arrested for driving on a suspended license, the arrest by itself does not give police unlimited authority to start digging through your car looking for drugs.

You can

Can the Police Impound My Car in Colorado?

Yes, but the impound itself needs to be lawful.

This is one of my favorite Fourth Amendment issues because police departments sometimes treat “our policy allows it” as the end of the analysis.

It is not.

Police perform what courts call a community caretaking function.

Sometimes a car legitimately has to be removed.

Maybe it is blocking traffic.

Maybe it was involved in a crash.

Maybe it is sitting somewhere unsafe.

Maybe the driver was arrested and there is no reasonable way to leave the car where it is.

None of that requires probable cause that drugs or evidence are inside the car. The purpose of the impound is supposed to be caretaking, not criminal investigation.

People v. Brown, 2018 CO 27, 415 P.3d 815, is a great Colorado example.

Brown was stopped for driving with a suspended license. Officers decided not to arrest him. They gave him a summons.

They still impounded his BMW.

During the inventory search, they found crack cocaine.

The Colorado Supreme Court held the impoundment unconstitutional. There was no evidence the BMW was blocking traffic, creating a safety problem, or could not be safely removed by someone else.

“Because the record fails to demonstrate that seizure of the defendant’s vehicle was justified as an exercise of the police caretaking function or was otherwise reasonable within the meaning of the Fourth Amendment, regardless of local ordinances or police policies and procedures broad enough to grant the officers discretion to impound the vehicle of a driver merely summoned rather than arrested for driving with a suspended license, the judgment of the court of appeals is affirmed.”

The fact that department policy allowed officers to impound the car did not make the seizure reasonable under the Fourth Amendment.

That creates two separate questions in an impound case.

First, could police lawfully impound the car?

Second, did they conduct a lawful inventory search after impounding it?

Those are different questions.

South Dakota v. Opperman, 428 U.S. 364 (1976), and Colorado v. Bertine, 479 U.S. 367 (1987), recognize legitimate inventory searches.

But inventory searches are supposed to follow standardized procedures. They exist to document property, protect property, protect police from claims of missing property, and address safety concerns.

People v. Allen, 2019 CO 88, is important here. The Colorado Supreme Court suppressed evidence found during an alleged inventory search because the prosecution did not establish that officers decided to impound and inventory the car under standardized criteria or policies.

Calling something an “inventory search” does not automatically make it one.

Can the Police Take My Phone?

Sometimes.

But taking the physical phone and searching what is inside the phone are two different Fourth Amendment questions.

If police lawfully arrest you and your phone is in your pocket, they can generally take the phone from you and secure it.

That does not mean they can start reading your texts.

Riley v. California, 573 U.S. 373 (2014), is the landmark case.

The Supreme Court recognized the obvious reality that a smartphone is different from a wallet, cigarette pack, or other physical item carried in a pocket.

Your phone may contain years of photographs, messages, emails, financial records, location history, internet searches, medical information, and communications with dozens or hundreds of people.

Police ordinarily need a warrant to search that digital information.

Colorado has also dealt with the seizure of the phone itself.

In People v. Ramos, 2022 CO 16, police received an anonymous tip involving alleged child pornography. They located a phone associated with Ramos and seized it without a warrant.

The prosecution failed to establish probable cause and a valid exception justifying the warrantless seizure. The evidence was suppressed.

So if police take your phone, I want to know two things.

Why were they legally allowed to take it?

And what gave them authority to get inside it?

Can the Police Search My Phone With a Warrant?

Usually, yes.

But “we have a warrant” does not mean police can automatically search every piece of information stored on the device.

A warrant has to be sufficiently particular.

Coke v. People, 2020 CO 28, is an important Colorado cell phone case.

Police obtained a warrant that broadly authorized them to search texts, photos, videos, contacts, phone records, and other data on the phone.

The Colorado Supreme Court found the warrant overbroad. It did not sufficiently limit the search based on the alleged offense, victim, or relevant time period.

That matters.

A search warrant is not supposed to be permission to look through your entire digital life hoping something incriminating turns up.

Police need probable cause, and the warrant needs to describe what they are authorized to search for with sufficient particularity.

Can the Police Make Me Unlock My Phone?

This one gets complicated.

There is a difference between police having legal authority to search the phone and police having legal authority to force you to help them unlock it.

In People v. Davis, 2019 CO 24, Davis voluntarily gave police his passcode so an officer could access his phone and find his girlfriend’s phone number.

Police later obtained a valid search warrant.

They used the same passcode Davis had already voluntarily disclosed.

The Colorado Supreme Court held that police could use it. Once Davis voluntarily disclosed the digits to law enforcement, he no longer had a reasonable expectation that those digits would remain private from the police.

But that is not the same situation as police ordering you to tell them a password you have never disclosed.

A memorized passcode can raise Fifth Amendment issues because police are potentially forcing you to communicate information that exists in your mind.

Colorado addressed a related, but different, question in People v. d’Estree, 2024 COA 106.

Police used specialized software to conduct a brute-force attack and discover a phone PIN. The Colorado Court of Appeals held that obtaining a private PIN in this way constitutes a Fourth Amendment search and requires warrant authorization.

The court specifically distinguished that issue from the Fifth Amendment question of forcing a defendant personally to reveal a PIN or unlock the phone.

That question was not before the court.

So I would be very careful with any simple statement that “police have a warrant, therefore they can make you tell them your password.”

A warrant to search the phone and an order forcing you to provide information can raise different constitutional issues.

Can the Police Force a Blood Draw in Colorado?

Yes, under some circumstances.

A forced blood draw is a Fourth Amendment search.

The first major Supreme Court case was Schmerber v. California, 384 U.S. 757 (1966). The Court permitted a warrantless blood draw based on the particular circumstances of that case.

But Missouri v. McNeely, 569 U.S. 141 (2013), rejected a blanket rule that alcohol disappearing from the bloodstream automatically creates an emergency allowing a warrantless blood draw in every DUI case.

The circumstances matter.

If police can reasonably obtain a warrant without significantly undermining the investigation, the Fourth Amendment generally requires them to do so.

Colorado applied McNeely in People v. Schaufele, 2014 CO 43.

Police ordered an involuntary hospital blood draw without trying to obtain a warrant. The Colorado Supreme Court affirmed suppression under the circumstances of that case.

Birchfield v. North Dakota, 579 U.S. 438 (2016), also draws an important distinction between breath and blood.

A warrantless breath test may generally be required as a search incident to a lawful DUI arrest.

A blood draw is more intrusive. It does not automatically fall under the same exception.

Colorado also has its Expressed Consent law, C.R.S. § 42-4-1301.1.

Refusing a chemical test can have serious driver’s license consequences. But refusing does not prevent police from applying for a search warrant.

People v. Raider, 2022 CO 40, makes that very clear.

Raider refused testing. Police obtained a blood-draw warrant that authorized reasonable force if necessary. Raider continued to refuse, so he was physically restrained while blood was drawn.

The Colorado Supreme Court held that the restrictions in Colorado’s Expressed Consent statute did not prevent police from executing a valid search warrant.

So if an officer tells you, “You can refuse, but I am going to get a warrant,” he may mean exactly that.

Does a Warrant Mean Police Can Do Whatever They Want?

No.

A warrant has limits.

Generally, police have to establish probable cause to a judge. The warrant also needs to identify with sufficient particularity the place or thing to be searched and what police are looking for.

And the police still have to execute the warrant lawfully.

Two landmark cases explain why all of this matters.

Katz v. United States, 389 U.S. 347 (1967), helped establish modern Fourth Amendment privacy law.

Mapp v. Ohio, 367 U.S. 643 (1961), applied the exclusionary rule to state criminal prosecutions.

That does not mean every police mistake automatically gets every piece of evidence thrown out. Suppression law has its own rules and exceptions.

But it does mean illegal police conduct can become one of the most important issues in a criminal case.

This may be the most important thing to remember. Just because the police violated your rights, it doesn’t mean the case goes away. It usually means that the illegally obtained evidence will be suppressed. That can often mean the case goes away as a result of that suppression, if no other evidence remains for the DA to proceed on the case.

If the stop was illegal, evidence resulting from the stop may be challenged.

If the arrest lacked probable cause, the evidence flowing from the arrest may be challenged.

If the car was unlawfully impounded, the inventory search may be challenged.

If police searched a phone outside the limits of a warrant, that evidence may be challenged.

When I review a criminal case, I do not only ask what the police found.

I want to know how they got there.

Can the Police Do That? The Basic Rules

Here is the easiest way to remember it.

Police can approach you and ask questions without any suspicion if the encounter is voluntary.

Police can briefly detain you when they have reasonable suspicion.

Police generally need probable cause to arrest you without a warrant.

Probable cause can allow police to search a vehicle without a warrant under the automobile exception.

Probable cause alone generally does not allow police to enter your home to make a routine arrest.

Police may be able to seize your phone without immediately having the authority to search the data inside it.

Police ordinarily need a warrant or a recognized warrant exception to search the contents of your phone.

A valid warrant can allow police to obtain your blood even after you refuse a DUI chemical test.

Police can sometimes impound and inventory a vehicle without probable cause, but there must be a legitimate caretaking basis and standardized procedures.

And none of these rules works in a vacuum.

Fourth Amendment cases are extremely fact-specific.

The police report may say “reasonable suspicion,” “probable cause,” “consent,” “exigent circumstances,” “inventory search,” or “protective search.”

Those are legal labels. The court will often review these standards under the totality of the circumstances to determine whether the search was legal or not.

The label the officer writes in the report does not decide whether the police conduct was constitutional.

The facts do.

Were You Illegally Searched or Arrested in Colorado Springs?

If you were arrested or charged with a crime in Colorado Springs and you believe police illegally stopped you, searched your car, impounded your vehicle, seized or searched your phone, entered your home, or forced a blood draw, the search and seizure issues should be reviewed carefully.

A constitutional violation can affect what evidence the prosecution is allowed to use against you, and sometimes it can change the entire case.

The McDowell Law Firm represents people charged with DUI and criminal offenses in Colorado Springs, El Paso County, Teller County, Fort Carson, and surrounding Colorado courts.

Call 719-227-0022 for a free consultation.

This article provides general information about Colorado criminal law and Fourth Amendment search and seizure law. It is not legal advice. Search and seizure cases depend heavily on the individual facts, and different exceptions may apply in a particular case.

The post Can the Police Do That? Colorado Search, Arrest and Warrant Laws first appeared on McDowell Law Firm.

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How to Lookup an Inmate in the El Paso County Jail (Colorado)

The phone rings at 2 a.m. A friend or family member has been arrested in Colorado Springs. You do not know where they are, what they are charged with, or whether they can bond out. Your first step is finding them. Here is how to do it.

Quick Summary: Search for Inmates in El Paso County Jail, CO

• Visit the El Paso County Sheriff’s Office Inmate Search portal.
• Enter the inmate’s last name or booking number and submit your search.
• Open the inmate’s booking record to view custody status, charges, bond, and court information.
• Double-check the spelling or try the booking number if no results appear.
• If you still can’t locate the inmate, contact the El Paso County Sheriff’s Office Booking Desk for assistance.

Start with the El Paso County Inmate Search / Inmate Locator

The El Paso County Sheriff’s Office runs an online inmate search for anyone booked into the county jail. Visit the official El Paso County inmate search page and enter the person’s last name.

The search is last name only. So if your friend is named Smith or Jones, 6 or 8 names might pop up. The system will show all the Smiths currently incarcerated there.

Hyphenated names can be an issue. I usually try all three version. For a client named Mary Davis-Jackson, I might try Davis, Jackson, or Davis-Jackson.

What to Do If the Person Does Not Appear

Do not panic if a recent arrest does not show up right away. Jail staff must finish the booking process before the person’s information goes online. Booking can take several hours, especially on busy nights.

If you still cannot find the person after waiting, call the El Paso County Jail booking desk at 719-390-2151. Staff can tell you whether the person is in custody.

What the Search Covers (and What It Does Not)

The search only covers people currently held at the El Paso County Jail. Locals call it the Criminal Justice Center, or CJC. The search does not cover every jail and prison in Colorado.

The person will not appear in the search if they are held in:

• Another county jail, such as Pueblo or Douglas County3
• A Colorado Department of Corrections prison
• A federal detention facility
• Any facility outside Colorado

A person can also drop off the search after posting bond, being released, or being transferred to another facility. If someone appeared yesterday and is gone today, one of those three things likely happened.

One more point that confuses people: the arresting agency does not determine where you search. Someone arrested by the Colorado Springs Police Department still gets booked into the El Paso County Jail. They will appear in the CJC search, not on a police department website.

What the Search Results Tell You

A successful search may show you:

• The person’s name
• Booking or inmate number
• Booking date
• Next court date
• Criminal charges and case number
• Bond information, if a bond has been set

This tells you two important things. First, whether the person is still in custody. Second, whether a bond has been set and for how much. If you plan to post bond or contact a bondsman, this is the information you need.

Many bonds will be listed as C/S/P Bond, which means it is a cash, surety, or property bond. You can often post a cash bond, which will be returned to you after the case is closed if the defendant complies with the conditions of the bond.

If you decide to use a bondsman, they will have a fee (typically a percentage of the full bond amount) to post a bond on the inmate’s behalf. Either way, it is important that the person comply with all bond conditions, or they could have their bond revoked or have additional criminal charges filed.

Why You Should Verify Before Acting

Charges and bond conditions can change after a court hearing. A judge can raise a bond, lower it, or add conditions. The Sheriff’s Office warns that the online information should not be used for official legal purposes without verification.

Before you make an important decision based on the search results, call the jail or review the person’s court case. Do not wire money to a bondsman based on a screenshot from three days ago.

Finding an Inmate: Your Next Steps

If someone you know has been arrested in El Paso County, act quickly. Search the inmate database, confirm the charges and bond amount, and call the booking desk at 719-390-2151 if you have questions.

The hours after an arrest matter. What your loved one says to police, and how quickly they get legal representation, can shape the entire case. If the charges are serious, contact a criminal defense attorney before the first court appearance.

The post How to Lookup an Inmate in the El Paso County Jail (Colorado) first appeared on McDowell Law Firm.

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What Happens After a DUI Arrest in Colorado Springs? A Former Prosecutor Explains

If you were just arrested for a DUI in Colorado Springs, here is the short answer: you are now facing two separate cases at the same time: a criminal case in court and a license case with the Colorado DMV. The DMV clock is the one most people miss.

If you received a breath-test revocation or refused testing, you generally have 7 days from the arrest or notice of revocation to request a DMV hearing. If blood was drawn, the 7-day deadline usually runs from the date you receive the blood-test revocation notice. Miss the applicable deadline, and the DMV revocation can become final, regardless of what happens in the criminal case.

I spent years as a Deputy District Attorney prosecuting these exact cases in El Paso County before I started defending people accused of them. I have stood on both sides of a Colorado Springs DUI. That experience is the reason I can tell you, plainly, what comes next and what actually matters.

The Two Clocks You Are Now Facing

A DUI arrest in Colorado triggers two independent processes, and they do not wait for each other.

• The criminal case. This runs through El Paso County Court, or District Court for felonies. It decides whether you are convicted and what penalties, such as jail, fines, probation, and community service, you face.
• The DMV case. This is about your driver’s license, and it moves fast. Under Colorado’s Express Consent Law, the DMV can revoke your license administratively even if your criminal case is later dismissed.

You can win one and lose the other. That is why a strong defense addresses both from day one.

DUI vs. DWAI: What Were You Actually Charged With?

Here is how Colorado breaks it down by blood alcohol content, or BAC:

• DUI, Driving Under the Influence: BAC of 0.08% or higher for drivers 21 and over, or proof that you were substantially incapable of safely operating a vehicle. See Colo. Rev. Stat. § 42-4-1301.
• DWAI, Driving While Ability Impaired: BAC of 0.05% to 0.079%, or proof that alcohol, drugs, or both affected your ability to drive to the slightest degree. Yes, you can be convicted below 0.08%.
• UDD, Underage Drinking and Driving: BAC of at least 0.02 but less than 0.05 for drivers under 21.

A first DWAI is generally treated less harshly than a first DUI and does not carry the same automatic 9-month Express Consent revocation by itself. But it still adds DMV points and can still affect your license.

Do not assume a lesser charge is harmless. Second and later alcohol-related driving offenses carry escalating penalties, whether the conviction is for DUI or DWAI. Colorado also has a DUI per se or DEAC (driving with excessive alcohol content) law that states a person is per se under the influence if their BAC was in excess of a .08 at the time of driving, or within 2 hours of the time of driving.

What Are the Penalties for a First DUI in Colorado?

A first-offense DUI with no injuries is a misdemeanor in Colorado, but misdemeanor does not mean minor. A first DUI conviction can carry:

• Jail: 5 days to 1 year, with a mandatory 10-day minimum if your BAC was 0.20% or higher.
• Fines: $600 to $1,000, plus court costs and surcharges.
• Community service: 48 to 96 hours.
• License revocation: up to 9 months through the DMV.
• 12 points against your driving record.
• Probation: up to 2 years, often with alcohol education, treatment, monitored sobriety, and other court-ordered conditions.

If your BAC was 0.15% or higher, Colorado labels you a Persistent Drunk Driver, or PDD, even on a first offense. That designation generally requires an ignition interlock device for two years.

Colorado also does not forget prior DUI convictions. Unlike many states, Colorado has no short lookback limit that erases old priors for sentencing purposes. A DUI from fifteen years ago can still matter.

A fourth qualifying DUI, DUI per se, or DWAI is generally charged as a class 4 felony if the prior convictions arose from separate criminal episodes.

What Refusing the Breath or Blood Test Really Costs You

People often think refusing the test protects them. Under Colorado’s Express Consent Law, by driving on Colorado roads, you have already agreed to chemical testing when an officer has the required grounds to request it.

Refusing usually triggers a 1-year license revocation for a first refusal and a Persistent Drunk Driver designation, separate from the criminal case. The refusal can also be used against you in court. Refusing the chemical test does not mean the police won’t charge you with a DUI. Law enforcement can and will charge a DUI if they have probable cause from other factors. Remember, a refusal causes additional driver’s license issues as well.

What You Should Do in the First 7 Days

Based on handling thousands of these matters in Colorado Springs courts, here is where to focus immediately:

• Request your DMV hearing on time. For breath-test revocations and refusals, the deadline is 7 days from the arrest or notice of revocation. For blood cases, the deadline usually runs from when you receive the blood-test revocation notice. This preserves your right to challenge the DMV action.
• Understand what the DMV hearing can address. Requesting the DMV hearing preserves your right to challenge the revocation, including issues related to the officer’s grounds, the testing process, refusal allegations, and whether the DMV has enough evidence to take your license.
• Write down everything you remember. Include the stop, the questions, the field sobriety tests, the timing, the test choice, and what paperwork you received. Details fade fast, and details can win cases.
• Do not discuss your case with anyone but your attorney. That means no jail calls about the facts, no text explanations to friends, and no social media posts.
• Gather your paperwork. Keep your citation, bond documents, Express Consent notice, DMV paperwork, and any blood-test notice.
• Talk to a Colorado Springs DUI attorney before your first court date. Early intervention can change the direction of the case.

Do You Really Need a Lawyer for a First DUI?

I strongly recommend it. A first DUI follows you. It can affect employers, landlords, licensing boards, security clearances, insurance rates, and your ability to drive.

Colorado prosecutors in the 4th Judicial District take these charges seriously. In some cases, they may seek jail even on a first offense, especially when there is a high BAC, an accident, a refusal, bad driving facts, or other aggravating circumstances.

A conviction is not automatic. The traffic stop, roadside tests, officer observations, breath testing, blood testing, lab procedures, calibration records, and constitutional issues can all matter. Each is a place where the case may be challenged, reduced, or dismissed.

Why a Former Prosecutor’s Perspective Matters Here

I prosecuted DUI cases in El Paso County before I defended them. I know how the other side builds a case, where mistakes happen, and what makes a prosecutor nervous about taking a case to trial.

At The McDowell Law Firm, I handle every case personally and keep my caseload deliberately small, so your defense gets real attention, not a hand-off to staff. We work with investigators and experts when a case calls for it, and we are honest with you about your options from the start.

Frequently Asked Questions

1. How long do I have to act after a DUI arrest in Colorado?

The deadline depends on the type of DMV action. If you received a breath-test revocation or refused chemical testing, you generally have 7 days from the arrest or notice of revocation to request a DMV Express Consent hearing. If blood was drawn, the 7-day deadline usually runs from the date you receive the blood-test revocation notice.

Missing the deadline can cause the DMV revocation to become final, separate from the criminal case. The sooner you get an attorney involved, the quicker they will work on your case. Reviewing discovery, preparing defenses, interviewing witnesses, etc.

2. Is a first DUI a felony in Colorado?

No. A first, second, or third DUI is generally a misdemeanor unless the case involves serious injury, death, or another felony-level allegation. A fourth or greater qualifying DUI, DUI per se, or DWAI is generally charged as a felony if the prior convictions arose from separate criminal episodes.

3. Can I get a DUI dropped to a DWAI in Colorado?

Sometimes. That is always the goal, but isn’t possible in every case. Depending on the evidence, including the stop, officer observations, field sobriety testing, BAC level, chemical testing issues, and prior history, a DUI may be negotiated down to a DWAI, a deferred sentence, or even dismissed.

Every case is different, which is why an early case review matters. An attorney can not promise results in a criminal matter. Many factors play into how a case is negotiated and resolved.

4. What is a Persistent Drunk Driver in Colorado?

A Persistent Drunk Driver, or PDD, includes a driver with a BAC of 0.15% or higher, a driver who refused chemical testing, and certain repeat offenders under Colorado law. The designation generally requires an ignition interlock device for two years as part of reinstatement.

5. Will I lose my license after a first DUI?

You can face up to a 9-month DMV revocation for a first DUI-related Express Consent action. Many drivers may qualify for early reinstatement with an ignition interlock device if they meet DMV requirements.

In many circumstances, a person can reinstate without a waiting period if they have an interlock, SR22, and fulfill the other DMV requirements. Requesting your DMV hearing on time is key to protecting your driving privileges.

Talk to Us Before Your First Court Date

A DUI charge in Colorado Springs puts your freedom, your license, and your record on the line. But a charge is not a conviction. The sooner you act, the more options you have.

Call The McDowell Law Firm at 719-227-0022 for a free consultation. We are located at 2 N Cascade Ave #1220, Colorado Springs, and we will review your case and your defense at no cost.

This article is general information about Colorado law as of 2026 and is not legal advice. Laws change and every case turns on its own facts. For advice about your situation, speak with a licensed Colorado attorney.

The post What Happens After a DUI Arrest in Colorado Springs? A Former Prosecutor Explains first appeared on McDowell Law Firm.

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Can I Get a DUI in Colorado If: 10 Questions With Answers People Don’t See Coming

Here’s something most people don’t realize until they’re sitting in the back of a patrol car: Colorado’s DUI law is broader than “driving” and broader than “drunk.” You can be charged without leaving your driveway, without putting the car in gear, and without a sip of alcohol in your system.

I’ve defended hundreds of DUI cases in Colorado Springs, and the question I hear more than any other isn’t “How much trouble am I in?” It’s some version of, “Can they really charge me with this?”

Usually, the answer is yes — they can charge you. Whether they can convict you is a different question, and it almost always comes down to facts the officer didn’t write down, body camera footage the prosecutor doesn’t want to play, or assumptions the report treats as obvious.

A quick map before the questions. Under C.R.S. § 42-4-1301, DUI means alcohol or drugs affected you to the point that you were substantially incapable of safely operating a vehicle. DWAI is the lower-bar cousin, alcohol or drugs affected you “to the slightest degree” so that you’re less able than usual to drive safely.

DUI per se is the straightforward numbers version: 0.08 BAC or more at the time of driving or within two hours after the time of drive.

And in People v. Swain, 959 P.2d 426 (Colo. 1998), the Colorado Supreme Court held that “drove” in the DUI statute means actual physical control of a vehicle — not necessarily movement.

That last point does a lot of work in the questions below.

1. Can I get a DUI in Colorado if I’m Sleeping in My Car?

Short answer: Yes, but the facts have to be there, and sometimes they aren’t.

The state doesn’t have to prove the car was moving. Under Swain, “drove” means actual physical control, (we sometimes call this A.P.C. for short) determined by the totality of the circumstances. Courts look at things like:

• Where the vehicle was parked
• Whether you were in the driver’s seat
• Whether the keys were in the ignition
• Whether the engine was running
• Whether the lights were on
• Whether the vehicle was capable of moving
• Whether there’s evidence you drove before police arrived

So yes, you can absolutely be charged for sleeping it off. But the smartest thing a person can do, sleeping instead of driving, doesn’t automatically become a crime just because an officer found you in a vehicle. A good defense pulls every one of those factors apart.

Important note: sleeping in your car is still safer than driving drunk. If you’re going to do it, the back seat with the keys somewhere outside the ignition is a much harder case for the state than the driver’s seat, keys in, engine warm. The best decision is to get an Uber or a designated driver.

But if you are resting in your car, remember that the prosecution will use the Swain factors to try to show you were in actual physical control.

I have handled numerous cases that revolved around whether a driver was in control of their vehicle. These are very defensible cases when the facts are on our side.

Fact pattern: My client was asleep in his car in his girlfriend’s driveway. Engine running, car is in park, and he is in the driver’s seat. As he fell asleep, his head rested on the horn, and the neighbor’s called the cops from the horn blaring for five minutes. “Driving” Verdict? Was he in A.P.C.?

What should he have done differently to make his case stronger?

2. Can I get a DUI in Colorado if My Car is Parked?

Short answer: Yes, but a parked-car case can be a defense lawyer’s favorite kind of case.

Again, the statute doesn’t require movement. It requires “driving,” which Colorado courts treat as actual physical control.

A parked-car case is weaker for the prosecution when:

• The engine was off
• The keys weren’t in the ignition
• The person was not in the driver’s seat
• The vehicle was legally parked
• There’s no proof of recent driving
• The person was using the vehicle as shelter rather than transportation

A parked-car case is stronger for the prosecution when the person was behind the wheel, the engine was running, the lights were on, or there’s evidence of recent driving, skid marks, a still-warm exhaust, a witness who saw the vehicle pull in.

In other words, the same fact pattern can produce a very different case depending on details the police report often glosses over.

I can tell you from experience, it matters a lot where the car is parked. Is it in the driveway? A valid parking spot? Or on the side of the highway? Aliens didn’t drop the car off there; someone had to drive it there. This can often be a big sticking point for jurors.

Fact pattern: A few years ago, I had a case where a young soldier left a club on Tejon, ordered an Uber, and got in his car in the parking lot. He turned the power on in his car to listen to the radio and turn on the heater, but he didn’t start the engine.

He was in the driver’s seat while he waited. Police quickly knocked on his window and charged him with a DUI. What’s the verdict? Was he in actual physical control?

3. Can I get a DUI in Colorado if the Officer Didn’t See Me Driving?

Short answer: Yes, but the state still has to prove driving or actual physical control.

An officer doesn’t have to personally watch the car move. The prosecution can build the case on circumstantial evidence:

• Crash evidence
• Witness statements
• Body camera footage
• Where the person was found
• Keys, ignition, lights, and engine status
• Statements or admissions by the driver
• Vehicle damage
• Location of the vehicle
• Timing of when alcohol or drugs were consumed

That last one, timing, is where a lot of cases fall apart. If you drank after you stopped driving, the state has a serious proof problem. This is often referred to as the “drank after driving defense”.

People v. Valdez, 2014 COA 125, is the case to know here. Police found Valdez passed out in the driver’s seat with his feet near the pedals, keys in the ignition, and the lights on.

He even tried to start the vehicle when officers woke him up. The Court of Appeals upheld the conviction and also clarified that the prosecution doesn’t have to prove operability beyond a reasonable doubt. Useful case to read whenever the officer didn’t actually witness driving.

Fact pattern: My client failed to navigate a turn and drove his car into the ditch. He was about half a mile from home, so he walked back.

He went to his workshop and started drinking because he was upset about the crash, and didn’t want to tell his wife before he got a little liquid courage. A neighbor called the police who contacted him in the workshop and noticed he smelled heavily of alcohol and had admitted to driving.

Verdict?
This case actually went to trial and he was found not guilty. I spoke with the Jury afterwards, and they agreed there wasn’t enough evidence to prove he was drinking before he drove the vehicle.

4. Can I get a DUI in Colorado if I’m Under the Legal Limit?

Short answer: Yes. “Under the limit” is one of the most common misconceptions in Colorado DUI law.

First, we have to ask “what limit”? Colorado doesn’t have one DUI offense. It has DUI, DUI per se, and DWAI. DUI per se is the 0.08 floor. DWAI applies at lower levels if alcohol or drugs affected you to the “slightest degree.”

The BAC numbers create the following statutory presumptions and inferences:

• 0.05 or less – presumption you were not under the influence and not impaired by alcohol.
• Above 0.05 but less than 0.08 – permissible inference of impairment.
• 0.08 or more – permissible inference of being under the influence.

That middle band — 0.05 to 0.079 — is where DWAI cases live. And in practice, prosecutors will charge a DWAI based on a 0.06 BAC plus the standard officer narrative: red and watery eyes, odor of alcohol, slurred speech, swaying on the heel-to-toe. None of which is hard to write into a report.

A blood or breath number alone doesn’t decide the case. The defense has plenty to work with below 0.08. There is no legal limit for most drugs.

So, drugs like cocaine, meth, shrooms, or even prescription meds are where the amount of the substance in a person’s system can be a major issue at trial. Keep in mind, if you only have alcohol on board, you get the presumption that you are not impaired below a .05.

I have handled quite a few cases where the blood work comes back under a .05. Remember, blood can take months to come back from the lab. Breath results are immediate. (In breath cases, if it’s under a .05, a smart cop won’t charge a DUI) When a DA sees the blood came back below a .05, they will commonly dismiss the DUI charges.

However, if there are other charges like speeding or careless driving, they will often pursue the remaining counts.

5. Can I Get a DUI in Colorado If I Only Used Marijuana?

Short answer: Yes, and the 5-nanogram rule is not what people think it is.

C.R.S. § 42-4-1301 applies to alcohol, “one or more drugs,” or any combination. Marijuana counts.

Colorado law gives juries a permissible inference: if your blood contains 5 nanograms or more of delta-9 THC per milliliter (whole blood), the jury may infer you were under the influence of one or more drugs.

That word, “permissible”, matters. It is not a per se limit like the 0.08 alcohol number. The jury is allowed to draw that inference, but they’re not required to. The prosecution still has to prove actual impairment at the time of driving.

This is where marijuana DUI defense gets interesting, especially for chronic users and medical patients. THC can sit in your system for days after the impairment is gone. A 7 ng/mL blood result on a Wednesday might mean you smoked on Sunday. The number is one data point, not a verdict.

Blood tests can distinguish between active and inactive THC in a driver’s system. A person may have a ton of inactive THC-COOH (non-active carboxy byproduct), and no active THC Delta-9 in their system.

The COOH tells us they smoked marijuana, but it doesn’t tell us whether they were impaired or high at the time. They may have smoked 2 weeks ago and still have the carboxy form in their system.

6. Can I Get a DUI in Colorado If Marijuana Is Legal?

Short answer: Yes. Legal to use, illegal to drive impaired.

Colorado’s DUI statute covers alcohol, drugs, or both. And the statute is explicit: being lawfully entitled to use a drug, including medical marijuana under the Colorado Constitution, is not a defense to DUI or DWAI.

Legalization changed where you could buy it. It didn’t change what you could do behind the wheel after using it.

7. Can I Get a DUI in Colorado If I Have a Medical Marijuana Card?

Short answer: Yes. A red card doesn’t shield you from a DUI charge.

C.R.S. § 42-4-1301 explicitly says that being entitled to use a drug under Colorado law, including medical marijuana, does not constitute a defense to DUI or DWAI.

But “no defense” doesn’t mean “automatic conviction.” A medical marijuana DUI case still raises every defense issue a regular marijuana DUI raises, plus a few more:

• Was the driver actually impaired, or just over the inference threshold?
• Did the officer have probable cause?
• Was the blood draw lawful?
• Was the blood sample collected and stored correctly?
• Can the state prove impairment at the time of driving, not hours later at the jail?

The card doesn’t help. Tolerance science, chain-of-custody questions, and the difference between presence and impairment do. Legal to smoke does not mean legal to drive while high.

8. Can I Get a DUI in Colorado If I Took Prescription Medication?

Short answer: Yes, and these cases come up more than people expect.

“One or more drugs” under the statute includes prescription medication. And the same rule applies: lawful entitlement to use a drug is not a defense.

Prescription DUI cases regularly involve:

• Opioids (oxycodone, hydrocodone, tramadol)
• Benzodiazepines (Xanax, Klonopin, Valium)
• Sleep medication (Ambien, Lunesta)
• Muscle relaxers (cyclobenzaprine, carisoprodol)
• ADHD medication (Adderall, Ritalin)
• Antidepressants and anti-anxiety medication
• Any of the above mixed with even a small amount of alcohol

The question isn’t whether the prescription is valid. It’s whether the medication affected your ability to drive safely. A valid prescription explains why the drug is in your blood.

It doesn’t end the case. I have handled many Rx DUI cases. Some prescription drugs can affect people in ways that make it incredibly dangerous to operate a motor vehicle. The Rx drug I see the most? Ambien or other sleeping pills.

9. Can I Get a DUI in Colorado if I Blow 0.00?

Short answer: Yes, but a 0.00 can be one of the best pieces of defense evidence you can have.

A breath test measures alcohol. A 0.00 result rules out alcohol impairment, it doesn’t rule out drug impairment.

What typically happens next is the officer pivots: a drug recognition evaluator gets called in, a blood draw gets requested, the report shifts from “smell of alcohol” to “indicia of marijuana use” or “indicia of stimulant use.”

That pivot is also the opening for the defense. Every observation the officer made, the bloodshot eyes, the swaying, the slowed responses, was originally attributed to alcohol.

A 0.00 breath result tells you those observations were wrong about alcohol. That should make a jury wonder what else the observations are wrong about.

A 0.00 doesn’t end the case. It does change it dramatically.

10. Can I get a DUI in Colorado in My Own Driveway or On Private Property?

Short answer: Yes. Colorado’s DUI statute doesn’t stop at the curb.

C.R.S. § 42-4-103(2)(b) is the provision that does the work here. It says that the DUI-related sections (42-4-1301 through 42-4-1303) apply “upon streets and highways and elsewhere throughout the state.”

That “elsewhere” language matters. A driveway, a parking lot, a private road, an apartment complex, a ranch road, all of them are fair game for a DUI charge if the state can prove the rest of the elements.

That said, private property still matters to the defense. It can shape:

• Whether the officer had lawful contact in the first place
• Whether there was actual driving versus just sitting
• Whether the person posed a public safety risk
• Whether the officer had reasonable suspicion or probable cause
• Whether the facts support negotiating the charge down or out

I’ve had cases where the location alone didn’t beat the charge, but combined with no-witness driving, an off engine, and the keys not in the ignition, it became the case for dismissal.

Even if the DA isn’t willing to outright dismiss the case, in many situations, the DA is willing to plead the case way down. Maybe they will offer a deferred sentence or a traffic infraction to resolve the matter, because they see the weaknesses in their case.

The Rules Behind the Questions

A few principles tie all ten of these together.

• Movement is not required. Under People v. Swain, “drove” means actual physical control, decided on the totality of the circumstances.
• Inoperable doesn’t necessarily mean innocent. In People v. VanMatre, 190 P.3d 770 (Colo. App. 2008), cited in Valdez, the court held that a defendant could be convicted of DUI while turning the key in a car that had no gas and a dead battery. When there’s evidence raising operability concerns, the jury must be properly instructed on whether the vehicle was operable, reasonably capable of being rendered operable, in motion, or at risk of being put in motion.
• DUI covers alcohol, drugs, or both. C.R.S. § 42-4-1301 applies to alcohol, “one or more drugs,” or any combination. That includes marijuana, prescription medication, and combinations of the two.
• A lawful prescription is not a defense. Colorado law explicitly says lawful entitlement to use a drug, including medical marijuana, is not a defense to DUI or DWAI.
• Private property is not a sanctuary. C.R.S. § 42-4-103 extends the DUI statute “elsewhere throughout the state,” not just to public roads.

When These Cases Can Be Defended

The headline of this article could just as easily be: “Yes, you can be charged, and no, that doesn’t mean you’ll be convicted.”

These cases turn on facts, not formulas. A defense lawyer should be looking at:

• Whether the officer had reasonable suspicion to contact you
• Whether the officer had probable cause to arrest
• Whether you actually drove or were in actual physical control
• Whether the vehicle was operable or reasonably could be made operable
• Whether you drank or used after driving (huge for sleeping-in-car cases)
• Whether the chemical test was accurate
• Whether the state can prove impairment at the time of driving
• Whether the roadside tests were properly administered
• Whether the body camera footage matches the report (it often doesn’t)
• Whether witness statements line up with the prosecution’s theory

A parked-car DUI, a sleeping-in-the-car DUI, a marijuana DUI, a prescription-drug DUI, a 0.00-breath DUI, a private-property DUI, none of those should be treated as a foregone conclusion.

If You’re Facing a DUI in Colorado

If you’ve been charged with DUI, DWAI, or any variation of the above, you need a defense built around Colorado law and the actual facts of your case, not a plea deal handed across the table on day one.

The McDowell Law Firm defends DUI cases in Colorado Springs, El Paso County, Ft. Carson, Teller County, and surrounding Colorado courts.

Call 719-227-0022 for a free consultation.

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