Getting pulled over by the police can often be an anxiety-inducing experience. When the officer asks to search your car, the stakes are raised considerably. Many drivers do not realize that they still have strong constitutional protections during a traffic stop. Understanding those rights can be the difference between a citation and criminal charges.
As a former Deputy District Attorney and current criminal defense attorney in Colorado Springs, I have handled hundreds of vehicle search cases. I have seen how these searches are justified by law enforcement, challenged, and sometimes thrown out entirely.
Quick Summary for Colorado Drivers (TLDR)
You have the right to refuse consent.
Police need real facts to develop probable cause to search without consent.
Traffic stops cannot be extended for dog searches.
Marijuana odor is no longer automatic probable cause for a search.
Roadside sobriety tests are voluntary.
Illegal searches can get evidence thrown out in court.
Your Fourth Amendment Rights in Colorado
The Fourth Amendment protects you from unreasonable searches and seizures. That protection applies to your vehicle, even during a traffic stop. However, cars receive less protection than homes because they are readily mobile. This creates the “automobile exception” to the warrant requirement.
The automobile exception allows police to search a vehicle without a warrant only when they have probable cause to believe it contains evidence of a crime. Police cannot search simply because they want to.
Three Ways Police Can Legally Search Your Car
1. You Give Consent
This is the most common reason cars get searched. If an officer asks to look inside your vehicle, they are asking for your permission.
You have the right to refuse. You do not have to explain yourself. You do not need a reason.
Under Colorado law, consent must be voluntary and evaluated under the totality of the circumstances. Courts ask whether a reasonable person would have felt free to decline under the circumstances. Factors include the officer’s tone, number of officers present, whether weapons were displayed, and whether the person was physically restrained. This comes from Colorado Supreme Court cases, including People v. Munoz-Gutierrez.
Police are not required to tell you that you can refuse consent for it to be valid.
Refusing consent does not give police probable cause. It also does not justify a search by itself.
Should you consent? No.
What to say: “Officer, I do not consent to any searches.”
Say it clearly. Do not argue. Do not physically interfere.
2. Probable Cause
Police may search your vehicle without consent if they have probable cause to believe it contains evidence of a crime. Probable cause requires specific facts, not a simple gut feeling.
Important fact: The fact that a vehicle can be moved easily does create exigency.
Landmark cases:
Carroll v. United States, 267 U.S. 132 (1925): This case created the automobile exception.
California v. Acevedo, 500 U.S. 565 (1991): If PC exists, law enforcement can search containers inside the vehicle that could hold evidence.
Pennsylvania v. Labron, 518 U.S. 938 (1996): Labron clarified that no separate exigency is required beyond probable cause. Mobility itself supplies the exigency.
The Acevedo court established the rule “the police may search without a warrant if their search is supported by probable cause.”
Common probable cause factors in Colorado
Marijuana odor:
Marijuana is legal to possess, but it is still illegal to consume it in a vehicle or have an open marijuana container in a car under C.R.S. § 42-4-1305.5. Marijuana odor alone no longer automatically establishes probable cause in Colorado, but it can still contribute to probable cause depending on the surrounding facts.
In some cases, odor by itself may still support a search, especially if it suggests recent use in the vehicle. Colorado courts apply a totality of the circumstances analysis. Relevant cases include People v. Zuniga and People v. Cox.
Plain view:
If an officer lawfully sees contraband or evidence through your windows, and its criminal nature is immediately apparent, this can justify a search.
The officer must already have a lawful right to be in the viewing position. This is the plain view doctrine, applied in Colorado cases like People v. Schoondermark. (evidence was in plain view, albeit during an illegal entry. In this case, a valid search warrant provided an independent source of evidence)
Admissions and observed impairment:
Statements like “I have drugs in the car” or visible signs of intoxication can establish probable cause.
What does not create probable cause by itself
Refusing consent
Being nervous
Giving vague or short answers
Looking suspicious
Nervousness can be considered as one factor, but Colorado courts consistently hold it cannot justify a search on its own.
What is probable cause for a search? It’s not an exact standard, but using several cases as a framework, it is a fair probability, based on the totality of the circumstances, that evidence of a crime will be found, judged by what a reasonable officer could conclude from practical, real-world facts.
If you are arrested, police may sometimes search your vehicle. But this power is limited.
Under Arizona v. Gant, officers may search a vehicle incident to arrest only if:
You are unsecured and within reaching distance of the passenger area, or
It is reasonable to believe evidence of the offense of arrest is in the vehicle.
The US Supreme Court unanimously held that police may only search the passenger compartment of the vehicle incident to arrest if they have a reasonable belief that the arrestee could access the vehicle at the time of the search, or if the vehicle otherwise had evidence for the offense that resulted in the arrest.
Colorado follows this same rule. In People v. Chamberlain, the Colorado Supreme Court suppressed a vehicle search where the driver was already secured and there was no reason to believe evidence would be found in the car.
Example:
If you are arrested for DUI and it is reasonable to believe evidence of impairment is in the vehicle, police may search for alcohol, drugs, or open containers.
If you are arrested on a warrant for failure to appear, and you are already in handcuffs in a patrol car, police generally cannot search your vehicle without another justification.
Drug Sniffing Dogs in Colorado
Police cannot extend a traffic stop just to bring a drug dog.
In Rodriguez v. United States, the Supreme Court held that officers may not prolong a stop beyond the time needed to complete the traffic stop process unless they have reasonable suspicion of another crime.
During a traffic stop, police questioning and actions must stay reasonably related to the purpose of the stop. Officers cannot extend the stop to investigate unrelated matters unless new reasonable suspicion develops.
Colorado adds an extra layer of protection. Under People v. McKnight, a dog trained to alert to marijuana conducts a “search” under the Colorado Constitution because it can detect lawful activity. This case makes some Colorado K9 searches legally vulnerable.
Marijuana Odor After Legalization
Before legalization, marijuana odor almost always meant probable cause. That is no longer true.
Now courts look at:
Whether the odor suggests recent use in the vehicle
Whether there are signs of impairment
Is it burnt or fresh marijuana odor
Whether there is evidence of illegal quantities
What else is happening during the stop
Odor alone is weaker than before legalization and increasingly vulnerable to suppression, but it can still support probable cause depending on the facts.
Field Sobriety Tests
You are not legally required to perform roadside field sobriety tests in Colorado. These include the walk and turn, one-leg stand, and horizontal gaze nystagmus.
These tests are voluntary. They are designed to gather evidence, not help you.
Should you do voluntary Field Sobriety Tests? Probably not. I have rarely seen situations where they help a case. There’s no one-size-fits-all rule for participation in FSTs, but I typically say, “when in doubt, don’t give police more evidence that can be used against you.”
A few years ago, I had a client acquitted of a DUI at trial who did FSTs, but refused a chemical test. It was Halloween night, and she was stopped for a traffic infraction.
I had her describe her Halloween costume (tight/restrictive) and her shoes (stiletto heels) to explain why she had trouble walking on an uneven gravelly shoulder in super cold weather. The Jury agreed with us that her poor performance on roadside tests wasn’t necessarily because she was drunk.
I still wish she hadn’t done the sobriety tests. Even though she was acquitted, it was more evidence that made my job harder at trial.
General Rule: Don’t make your defense attorney’s job harder: Stop talking. Don’t consent to any searches. Don’t give law enforcement any more evidence to use against you.
Important distinction:
Refusing roadside tests is allowed.
Refusing a post-arrest chemical test is not the same.
After a DUI arrest, Colorado’s Express Consent law applies under C.R.S. § 42-4-1301.1. Refusing the evidentiary chemical test leads to a driver’s license revocation and can be used in court.
Can you refuse a chemical test? You can, but that refusal can have license consequences and be used against you in court.
The police can also request a warrant to draw your blood. Police can actually get a Judge to review the requests for warrants relatively quickly, and if the Judge approves the warrant, they can force a blood draw. Colorado is an express consent state.
Meaning by virtue of driving on Colorado roads, you already expressly consented to give a sample of your breath/blood when police have probable cause to believe you are driving under the influence of alcohol/drugs or both.
In most cases, drivers have the right to choose between a breath or blood test unless specific statutory exceptions apply, or the police have a basis to limit the test to blood.
A good example of this is when they have probable cause to believe that drugs were used by the driver. Obviously, a breath test would not reveal any drug use, while a blood test can determine the amount of drugs in a person’s system.
Suppression of Illegal Searches
If police search your car without consent, without probable cause, and without a valid exception, the evidence can be suppressed.
Under the exclusionary rule from Mapp v. Ohio, illegally obtained evidence generally cannot be used at trial. Not all illegal searches result in suppression. Courts may apply exceptions such as good faith, inevitable discovery, or independent source.
Common suppression scenarios:
Dog sniffs that extended the stop
Searches based only on nervousness
Search incident to arrest when the driver was secured
Consent obtained through pressure or intimidation
Marijuana odor used with no supporting facts
The prosecution bears the burden of proving the search was lawful. Winning suppression requires detailed cross-examination and precise legal arguments.
Conclusion
Your rights only protect you if you assert them. Be calm. Be polite. You may refuse searches and limit your statements beyond basic identification. Let your attorney fight the legal battle later.
This is not an exhaustive list or explanation of Fourth Amendment Laws on Search and Seizures in vehicles in Colorado. It is an overview of some important factors to consider.
As with any case, situations are fact-specific. Speak to your attorney about the facts of your case and do not rely on any information in this blog post (or any blog post for that matter) when making important legal decisions.
from McDowell Law Firm https://mcdowellfirm.com/can-police-search-your-car-during-a-traffic-stop-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/
Facing criminal charges can turn your life upside down. Whether you’ve been charged with a DUI, assault, theft, or another criminal offense in Colorado Springs, understanding your rights and the legal process is essential as you navigate the Colorado criminal justice system.
This Defense Attorney’s guide will provide an overview of some of the basics about criminal defense in Colorado Springs, from the moment you’re charged.
Key Takeaways
Facing criminal charges in Colorado Springs is high-stakes — without skilled defense from a Colorado Springs criminal defense lawyer you risk fines, jail time, license loss, and long-term impacts on your career and reputation.
An experienced defense attorney protects your constitutional rights from arrest through trial, challenges unlawful evidence, and builds defenses tailored to Colorado’s statutes and local court procedures.
Common defense areas include DUI/DWAI, domestic violence, violent felonies, and traffic offenses — with strategies that often secure dismissals, reduced charges, or favorable plea deals.
Local knowledge of El Paso County and Colorado Springs Municipal Court matters — lawyers familiar with judges, prosecutors, and procedural nuances can significantly influence case outcomes.
Act quickly and leverage free consultations to understand your options, cost structures, and defense strategy before critical deadlines like DMV hearings or arraignments.
How Much Trouble Am I In?
Understanding Criminal Charges in Colorado: Felony vs. Misdemeanor
Before you can effectively navigate the criminal justice system, it’s essential to understand the type of charges you’re facing. In Colorado, criminal offenses are classified into two main categories: felonies and misdemeanors.
Note: There are also traffic and petty offense cases. Some traffic charges will be written as traffic misdemeanors (reckless driving, careless driving). Some driving cases can be charged as felonies, such as Vehicular assault/homicide or a fourth of greater DUI.
Misdemeanors are less serious offenses that typically carry penalties of up to 18 months (extraordinary risk M1) or 364 days (M1) in county jail and fines up to $5,000.
These charges are divided into two classes in Colorado. Class 1 misdemeanors are the most serious and include offenses like third-degree assault and child abuse or criminal mischief (both can be an M1 or M2). Class 2 misdemeanors and petty offenses carry progressively lighter penalties but can still result in jail time and a permanent criminal record.
Felonies are more serious crimes than misdemeanors that can result in state prison sentences ranging from one year to life, depending on the class of felony. Colorado categorizes felonies into six classes, with Class 1 being the most severe (including crimes like first-degree murder) and Class 6 being the least severe felony classification.
Even a Class 6 felony conviction can result in 12 to 18 months in prison and seriously impact your employment prospects, housing options, and civil rights.
The difference between a felony and a misdemeanor is significant and can affect your life for years to come. A felony conviction can strip you of certain rights, including possessing firearms, and may disqualify you from certain professional licenses.
El Paso County Courts see a wide range of criminal charges. Understanding the most common offenses can help you better understand what you’re facing and why criminal defense representation matters.
DUI and DWAI
DUI and DWAI charges are frequently prosecuted in Colorado Springs. A DUI (Driving Under the Influence) charge occurs when a driver’s blood alcohol content reaches 0.08% or greater, while a DWAI (Driving While Ability Impaired) can be charged at just 0.05% BAC, or impaired to the slightest degree.
Even a first-time DUI can result in jail time, substantial fines, license suspension, and mandatory alcohol education programs.
If you’re facing drunk driving charges, you should consult with an attorney who specializes in DUI defense is essential to understanding your options, which may include challenging the traffic stop, questioning the accuracy of breathalyzer or blood tests, or negotiating reduced charges.
Assault
Assault charges in Colorado Springs range from third-degree assault (a M1 misdemeanor) to first-degree assault (a Class 3 felony). The severity depends on factors like whether a weapon was used, the extent of injuries, and whether the victim was a protected class of person such as a police officer or healthcare worker.
A common term in assault cases is “SBI” which stands for serious bodily injury. If SBI is involved, the case will be charged as a felony assault. We handle all levels and types of assault charges. These charges often arise from situations involving heated arguments, domestic disputes, or bar/street fights where facts are often in dispute.
Domestic violence
Domestic violence allegations add a mandatory protection order component to charges like assault, harassment, or criminal mischief when they occur between intimate partners. DV is not the charge; it is a tag, or aggravator, added to the charge.
In many cases, the alleged victim wants to drop charges, but prosecutors in Colorado Springs can and do proceed with the case. These charges can carry serious consequences, including mandatory domestic violence treatment, loss of firearm rights, and potential immigration consequences for non-citizens.
Theft
Theft charges are the most common property crime we handle. Theft can mean shoplifting, organized retail crime, or white-collar crimes like embezzlement. The value of the stolen property determines whether you face a petty offense, misdemeanor, or felony charge.
Colorado Springs prosecutors take theft charges seriously and depending on the value of the theft and your criminal history, can result in severe consequences.
Each of these charges requires a uniquely tailored defense strategy, which is why choosing a defense attorney with specific knowledge and experience in your type of case can make a big difference.
What Should I do Next?
What to Do Immediately After Being Charged with a Crime
The actions you take in the hours and days following an arrest can significantly impact the outcome of your case. Remember your rights, and be careful about saying or doing something that could have a big impact on your case in court.
1. Exercise your right to remain silent
When in doubt, shut your mouth. This is maybe the single most important thing to remember. Anything you say to police officers, whether at the scene of your arrest or during questioning, can and will be used against you in court. Many people believe they can “explain their way out” of an arrest.
Others think that by cooperating fully, the police will show leniency. Truthfully, even seemingly innocent statements can be twisted or taken out of context, and these statements can become a central part of the prosecution’s case. Politely tell officers that you wish to speak with an attorney before answering any questions.
2. Do not consent to searches
If police ask to search your vehicle, home, or person without a warrant, you have the right to refuse. While officers may search in certain circumstances if they have probable cause, your refusal preserves important legal challenges your defense lawyer can raise later.
Never physically resist a search, but clearly state that you do not consent. The fruits of the search and voluntariness of the search may be very important in court.
3. Document everything you can remember
As soon as possible after your release, write down every detail you can remember about the incident and your arrest. Include the names/numbers of any witnesses, the exact location and time of events, what officers said to you, and any injuries or damage you observed.
In my experience, memories can fade quickly, and these details can become essential evidence in building your defense.
4. Avoid discussing your case
Do not talk or post about your charges. Don’t post on social media, discuss with friends, or with family members beyond the most basic information. Prosecutors routinely scour social media for evidence, and subpoenas may be issued for people you’ve made statements to.
When I was a district attorney, I had several cases where 15 minutes online turned up enough photo evidence to convict a defendant.
The only person you should discuss the details of your case with is your attorney, as those conversations are protected by attorney-client privilege.
5. Contact a criminal defense attorney immediately
Time is critical in criminal cases. Evidence can disappear, court appearances, and important filing deadlines approach quickly. The sooner you have legal representation, the sooner your attorney can begin working on your case, and preparing your defense strategy.
Do not give Law enforcement evidence that they can use against you. You know the best way to do that? Stop talking. Do Not answer questions. Invoke your right to counsel. There is a reason Miranda Rights exist. Invoke them!
How Do I Find a Lawyer?
How to Choose the Right Criminal Defense Attorney in Colorado Springs
Finding the right defense attorney is similar to picking a doctor. You want someone who specializes in your “condition”, has handled this type of case many times, and preferably has a good bedside manner. I wouldn’t want to be a surgeon’s first knee operation. Similarly, with an attorney, experience matters.
There are lots of excellent attorneys in most big cities, so your search can start online or with a referral. Two points to start your search: Find someone local and find someone experienced in your type of case.
Here are some tips on what to look for when seeking your best defense in Colorado Springs:
Local experience matters
An attorney who consistently practices in El Paso County courts will have established relationships, understand local court procedures, and be familiar with how specific judges tend to rule on common motions.
This local knowledge provides important strategic advantages that out-of-town attorneys simply cannot match. When evaluating potential lawyers, ask specifically about their experience in Colorado Springs courts and with your type of criminal charge.
Look for specialized expertise
Law, like medicine, is very broad. You wouldn’t hire a podiatrist to do your brain surgery. Criminal law is broad, and attorneys often develop particular expertise in specific areas.
If you’re facing DUI charges, you want a lawyer who has handled hundreds of DUI cases and stays current on the latest defense strategies, legal updates, breathalyzer technology, and field sobriety test procedures. Similarly, domestic violence cases require certain strategies to give you the best chance to beat your case.
Criminal defense is not “one size fits all,” it is case-specific, and results can hinge on a variety of factors that your attorney should be ready to encounter.
Trial experience is essential
While many cases resolve through plea negotiations, you need an attorney who is fully prepared to take your case to trial if necessary.
Prosecutors are more likely to offer favorable plea deals when they know your attorney has the skills and willingness to win at trial. Ask potential lawyers about their trial experience and success rate with cases similar to yours.
Evaluate communication and accessibility
Your attorney should be responsive to your questions and keep you informed about developments in your case. During your initial consultation, pay attention to whether the lawyer listens carefully to your concerns, explains complex legal issues in understandable terms, and treats you with respect.
You’ll be working closely with this person during one of the most stressful times of your life, so finding someone you trust and can communicate with comfortably will improve your experience.
Consider the attorney’s reputation
Research online reviews, check their standing with the Colorado Bar Association, and consider references from past clients. Further, an attorney’s reputation in the legal community can also impact how your case is perceived and negotiated. It can also be a good guide as to how your case may proceed.
What Will Happen in Court?
The Criminal Defense Process in Colorado Springs
Understanding what to expect as your case moves through the El Paso County court system can reduce anxiety and help you make informed decisions.
Many of my clients admit that they are nervous about court. This is normal. Hopefully, you feel more confident with an experience attorney by your side. Court is daunting, but there more you know the less intimidating it can be.
Here’s an overview of the typical criminal defense process in Colorado Springs:
1. Initial appearance and bond hearing
At your initial hearing, the judge will inform you of the charges against you, explain your rights, and address bond (if you’re in-custody). Your attorney can argue for a lower bond amount or for release on your own recognizance.
Having legal representation at this early stage can mean the difference between remaining in custody or returning home while your case is pending. If you are on a summons (traffic and most misdemeanors), you will have a court date on your ticket.
At that first court date, you will meet with a DA and discuss a plea bargain for your charges.
2. Preliminary hearing (for certain felonies)
In some high-level felony cases, you have the right to a preliminary hearing where the prosecution must demonstrate probable cause that you committed the crime.
Preliminary Hearing Eligible:
Class 1, 2, 3 felonies and Drug Felony 1 and Drug Felony 2
Class 4, 5, 6 or a DF3 or DF4 and:
Mandatory sentencing, or
Crime of violence or secxoffense, or
in custody at time of the hearing
Your defense attorney can cross-examine witnesses and challenge the evidence. Sometimes, charges can be reduced or dismissed at this stage if the prosecution’s case is weak.
3. Discovery and investigation
This is where your defense lawyer obtains all the evidence the prosecution plans to use against you, including police reports, witness statements, video footage, and forensic evidence.
Your attorney will also conduct their own investigation, interviewing witnesses, visiting the scene, consulting with expert witnesses, and looking for evidence that supports your defense.
4. Pre-trial motions
Your attorney may file motions to suppress evidence that was obtained illegally, dismiss charges that lack sufficient evidence, or address other legal issues that could affect the outcome of your case.
Success with these motions can sometimes result in charges being reduced or dismissed entirely before trial.
5. Plea negotiations
The majority of criminal cases in Colorado Springs are resolved through pre-trial resolutions rather than trials. Your attorney will negotiate with prosecutors to secure the best possible outcome, whether that means reduced charges, dismissed charges, or a favorable plea.
However, the Defendant will always have the final say on whether to accept a plea offer or proceed to trial.
6. Trial
If your case goes to trial, your attorney will present your defense, cross-examine prosecution witnesses, and argue for your acquittal.
In Colorado, you have the right to a jury trial for any charge that could result in jail time. You can discuss with your attorney whether a bench trial (a judge, not a jury, decides your case) provides you a better chance at success in your case.
7. Sentencing
If convicted, either through plea agreement or trial, the judge will impose a sentence on your case.
Your attorney can present mitigating evidence and argue for a minimum/reduced sentence, alternative sentencing options like probation, or participation in diversion programs when available.
As your criminal case progresses, having an experienced criminal defense attorney advocating for your rights, can protect you from costly mistakes in your case.
What are My Rights?
Your Rights When Facing Criminal Charges
The Constitution provides important protections for individuals accused of crimes, and understanding these rights helps you make informed decisions throughout your case.
There are fundamental rights in a criminal case. The Constitution guarantees that all individuals are afforded due process when facing criminal charges.
1. The right to remain silent
The Fifth Amendment protects you from self-incrimination. You cannot be forced to testify against yourself or answer questions that might be used as evidence against you.
2. The right to an attorney
The Sixth Amendment guarantees your right to legal representation. If you cannot afford an attorney, one will be appointed to you.
However, hiring your own private defense lawyer often provides more personalized attention and resources for your defense. Many public defenders are great attorneys, but you don’t get to pick your P.D., they are assigned to you.
3. The right to a speedy trial
You have the right to have your case resolved within a reasonable timeframe. Speedy trial means the charges must be brought to trial within six months from the entry of a not-guilty plea.
4. The right to confront witnesses
This means you have the right to cross-examine witnesses who testify against you. This right prevents the use of hearsay evidence and allows your attorney to challenge the credibility and accuracy of prosecution witnesses.
5. Protection against unreasonable searches and seizures
The Fourth Amendment protects you from unlawful searches of your person, vehicle, or home. Evidence obtained in violation of this right may be suppressed and cannot be used against you.
6. The presumption of innocence
You are presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof rests entirely on the prosecution; you have no obligation to prove your innocence.
Understanding these rights is the first step, but exercising them effectively requires skilled legal representation to protect them.
What Should I Ask an Attorney?
Questions to Ask a Potential Defense Lawyer
When you first meet with criminal defense attorneys in Colorado Springs, asking the right questions can help you identify the best lawyer, and the right fit, for your criminal case. Here are some questions to ask during your consultation:
1. How many cases like mine have you handled?
Have they handled cases like yours? Do they have the necessary experience to handle the various challenges that arise throughout a case like yours? You don’t want to be the first DUI case they handle.
2. What is your approach to my type of charge?
Defense attorneys can outline potential defense strategies based on the specific facts of your case. (Note: to fully prepare your defense, they will need the complete discovery in your case)
3. What are the possible outcomes of my case?
While no attorney can guarantee results, experienced lawyers can give you realistic assessments of best-case, worst-case, and most likely scenarios based on their experience.
4. What are your fees, and how do you bill?
Understanding the cost structure upfront prevents surprises later. Ask about flat fees versus hourly rates, what’s included, and what additional costs might arise.
However, this isn’t the only question you should be asking. It is certainly important, but with such a big decision in your life, you should hire the lawyer that you feels gives you the best chance at success.
5. Will you personally handle my case, or will it be assigned to an associate?
Some firms have junior attorneys handle most of the work while the senior partner only appears at critical hearings, or maybe only does the intake. It is essential that you know who will be representing you in court and negotiating with the DA.
6. What is your trial experience?
Ask about trial experience on your type of case: win/loss record, and comfort level taking cases to trial.
7. How will we communicate throughout my case?
Clarify how often you’ll receive updates, how quickly the attorney returns calls or emails, and who you should contact with questions.
8. What do you need from me to build the strongest defense?
Criminal defense is a collaborative process. Your attorney needs your input, memory and experience to prepare your case. Not only to know your goals/what factors are important to you, but also to prepare your best defense.
Is Colorado Springs Court Different?
Local Considerations Specific to Colorado Springs and El Paso County
Criminal defense in Colorado Springs has unique characteristics shaped by local law enforcement practices, court procedures, and community factors:
Multiple jurisdictions
El Paso County includes Colorado Springs Police Department, El Paso County Sheriff’s Office, and several smaller municipal police departments including Manitou Springs and Fountain.
Each has different policies and procedures, and cases may be filed in different courts depending on where the alleged offense occurred. An experienced local defense attorney understands these jurisdictional nuances.
Military considerations
With multiple military installations including Fort Carson, Peterson Space Force Base, and the Air Force Academy, many cases involve service members or their families.
These cases may have additional complications involving military law, security clearances, and potential administrative actions separate from civilian criminal charges. Your defense strategy must account for how charges can affect your military career, gun rights, and security clearances.
Tourists
Colorado Springs attracts millions of visitors annually to Pikes Peak, Garden of the Gods, and other attractions. This creates a significant number of cases involving out-of-state defendants who may not understand Colorado law or local court procedures.
If you’re not a resident, choosing an attorney who can navigate these complications is especially important.
Specific local programs
El Paso County offers various diversion and alternative sentencing programs that may be available depending on your charges and criminal history.
These include deferred judgment agreements, Diversion, drug court, veterans treatment court, and mental health court. A defense lawyer familiar with these local programs can help you access alternatives to traditional prosecution when appropriate.
Community prosecution approaches
Colorado Springs prosecutors have emphasized certain types of cases in recent years, including domestic violence, DUI, and drug offenses. Understanding current prosecution priorities and how they affect charging and plea negotiation decisions requires local knowledge that only comes from regular practice in these courts.
Although they may not call them “guidelines” the DA’s office has offers that they make based on the charges, criminal history, and other aggravating/mitigating factors.
What Can I do Now?
Take Action to Protect Your Future
If you’re facing criminal charges in Colorado Springs, the longer you wait to obtain legal representation can put your future at risk. The criminal justice system moves quickly, and critical opportunities to build your defense, preserve evidence, or negotiate favorable outcomes can be lost if you wait too long to seek help. Don’t make early mistakes that will cost you later in the case.
Whether you’re dealing with a DUI, assault, theft, domestic violence, or any other criminal charge in El Paso County, having an experienced defense attorney on your side levels the playing field against prosecutors who handle these cases every day. Your attorney becomes your advocate, investigator, negotiator, and defender in the courtroom.
At McDowell Law Firm, we understand that being charged with a crime is frightening and overwhelming. Our approach combines aggressive defense advocacy with compassionate client service, ensuring you understand your options every step of the way.
With extensive experience defending clients throughout Colorado Springs and El Paso County, we know how to build effective defenses that protect your rights, your freedom, and your future.
Don’t face criminal charges alone. Contact us today for a confidential consultation to discuss your case and learn how we can help you achieve the best possible outcome. Your future is worth fighting for, and time isn’t on your side.
“Personal injury “law encompasses a wide variety of cases where individuals suffer harm due to someone else’s negligence or intentional actions. If you’ve been injured and believe another party is responsible, understanding what types of cases personal injury lawyers handle can help you determine whether you have a viable claim.
At McDowell Law Firm, we represent clients across Colorado Springs and El Paso County in various personal injury matters, fighting to secure the compensation they deserve for their injuries.
Key Takeaways
Personal injury lawyers handle a wide range of accident-related injury cases where someone else’s negligence caused harm, including car, motorcycle, and truck crashes.
They represent clients in catastrophic injury claims such as traumatic brain, spinal, and other life-changing injuries.
Lawyers take on slip-and-fall and premises liability cases when unsafe property conditions cause injuries.
They also pursue wrongful death and serious injury claims to help families recover compensation after fatal accidents.
Personal injury attorneys work to secure medical costs, lost wages, pain and suffering, and other damages by negotiating with insurers or taking cases to court.
Types of Cases Personal Injury Lawyers Handle
1. Motor Vehicle Accidents: The Most Common Personal Injury Cases
Car accidents represent the largest category of personal injury claims in the United States. Whether it’s a fender-bender at the intersection of Powers and South Carefree, or a devastating highway collision on I-25, car accidents often result in serious injuries, property damage, and life-altering consequences for victims.
Personal injury attorneys handle car accident cases involving rear-end collisions, head-on crashes, T-bone accidents, multi-vehicle pileups, and all other types of auto accidents. Common injuries from these incidents include whiplash, broken bones, traumatic brain injuries, spinal cord damage, and soft tissue injuries.
The plaintiff in a car accident case must demonstrate that the other driver acted negligently. We often see accidents result from speeding, running a red light, driving while distracted, or operating a vehicle under the influence (DUI).
Truck accidents involving commercial vehicles and 18-wheelers also pesent unique challenges compared to standard car accidents. These massive vehicles can weigh up to 80,000 pounds when fully loaded, and accidents involving them often result in catastrophic injuries or wrongful death.
Truck accident cases are particularly complex because they may involve multiple liable parties, including the truck driver, the trucking company, the cargo loader, or even the vehicle manufacturer.
Federal regulations governing the trucking industry add another layer of complexity to these cases, making experienced legal representation essential.
2. Slip and Fall Cases and Premises Liability
Slip and fall accidents fall under the broader category of premises liability law. Property owners have a legal duty to maintain reasonably safe conditions for visitors, customers, and guests.
When they fail to address hazardous conditions, such as wet floors, uneven surfaces, poor lighting, broken stairs, or icy walkways, and someone gets injured as a result, the property owner may be held liable.
A classic example is a spill at a restaurant that wasn’t cleaned or a sign placed to warn visitors. We have handled cases where an establishment failed to provide proper security, where our client was assaulted. In Colorado our weather can also present hazardous conditions on premises when left unattended.
Premises liability cases extend beyond simple slip and fall incidents. They also include injuries caused by inadequate security, falling objects, swimming pool accidents, dog bites, toxic exposure, and structural defects. Some examples of premises liability locations include shopping centers, restaurants, apartment complexes, hotels, and private residences.
Establishing liability in these cases requires proving that the property owner knew or should have known about the dangerous condition and failed to remedy it or provide adequate warning.
This is why documentation, witness statements, and photographic evidence become crucial components of building a strong premises liability case.
Keep in mind: the owner of the premises has a different duty of care to invitees, licensees, and trespassers. Depending on your status on the property, you might be owed a higher duty of care.
3. Catastrophic Injuries: Brain Injuries and Wrongful Death
Some personal injury cases involve injuries so severe that they permanently alter the victim’s life. Traumatic brain injuries (TBIs) represent one of the most serious life-changing types of harm that can result from accidents.
Brain injuries can occur in car accidents, truck accidents, slip and fall incidents, sports activities, or assaults. Even what appears to be a minor bump to the head can result in lasting cognitive, emotional, and physical impairments.
Brain injury cases require extensive medical documentation, expert testimony, and often involve substantial compensation to cover ongoing medical care, rehabilitation, lost earning capacity, and diminished quality of life.
The full extent of a brain injury may not be immediately apparent, which is why victims should never rush to accept a settlement without fully understanding the long-term implications of their injury.
Brain injuries can affect every part of your daily life: mobility, ability to work, care for yourself, or even doing simple tasks. If you believe you have a TBI from an accident, speak to your doctor about what can be done to assess and then treat your injuries.
Wrongful death claims arise when someone’s negligence or intentional act causes a person’s death. These cases can happen in a variety of ways: vehicle accidents, medical malpractice, workplace accidents, defective products, or criminal acts. In Colorado, wrongful death claims can be brought by the deceased person’s spouse, children, parents, or designated beneficiary.
These cases seek compensation for funeral expenses, medical bills incurred before death, lost financial support, loss of companionship, and the emotional suffering of surviving family members.
The Settlement Process and Seeking Compensation
Most personal injury cases resolve through settlement negotiations rather than going to trial. The settlement process typically begins after the plaintiff has reached maximum medical improvement. This is the point at which their condition has stabilized, and the full extent of their injuries is known.
Your personal injury attorney will calculate the full value of your claim, considering medical expenses, lost wages, future medical needs, property damage, pain and suffering, and other damages. Your attorney will then present a demand to the at-fault party’s insurance company and negotiate on your behalf.
Insurance companies often make lowball initial offers, hoping injured victims will accept quick settlements before understanding their claim’s true value. This is particularly common in cases involving whiplash and other soft tissue injuries that insurance adjusters tend to undervalue. We have see this tactic frequently and understand that it is common for insurance companies to start this way.
They are trying to limit their financial exposure and hope to resolve the case for as little as possible. An experienced personal injury lawyer understands these tactics and will fight for a fair settlement that fully compensates you for your losses.
If settlement negotiations fail to produce a fair offer, your attorney can file a lawsuit and take your case to trial, where a judge or jury will determine liability and damages.
In many cases, it is beneficial for all sides to settle as it reduces the cost, time, and risk at trial. Before you decide to settle, speak to your attorney about the pros and cons of the offer.
Do You Need a Personal Injury Lawyer?
If you’ve been injured due to someone else’s negligence, whether in a car accident, truck accident, slip and fall, or any other incident, consulting with a personal injury attorney can help you understand your legal options.
Many personal injury lawyers, including the McDowell Law Firm, work on a contingency fee basis, meaning you pay nothing unless we secure compensation for you. We get paid a percentage of the settlement once the case resolves in your favor.
The aftermath of an accident can be overwhelming, especially when you’re dealing with injuries, medical bills, and insurance companies. A Colorado personal injury lawyer handles the legal complexities of your case while you focus on recovery.
At McDowell Law Firm, we represent plaintiffs in a wide range of personal injury matters throughout Colorado Springs and El Paso County. Whether you’ve suffered a brain injury, lost a loved one in a wrongful death case, or sustained injuries in any type of accident, we’re here to help you pursue the justice and compensation you deserve.
from McDowell Law Firm https://mcdowellfirm.com/what-kind-of-cases-do-personal-injury-lawyers-handle/
https://mcdowellfirm.com/practice-area/dui-defense/
I understand the court system can be overwhelming. Even something as simple as trying to understand a case number can induce anxiety.
In this Colorado case number guide, we’ll cover case number format and the meaning of each part of the case number. When you know the simple code, the numbers are very easy to understand.
If you are facing criminal charges in Colorado, you’ve probably noticed a confusing string of letters and numbers at the top of your paperwork next to your name.
That’s your case number, and it actually tells you quite a bit about your case if you know how to read it. Understanding this simple code helps you know what type of charge you’re facing and where your case will be heard.
The Basic Format
Colorado case numbers follow a straightforward pattern: Year-Level-Number. The year comes first, followed by a letter code indicating the type of case, and then a sequential number showing when your case was filed that year.
For example, 24CR1 (sometimes written as 2024CR1) means this was the first criminal case filed in that particular court in 2024. The “CR” tells you it’s a criminal case. The “1” tells you it was the first one filed that year.
1. Criminal Case Codes
Criminal cases use different letter codes based on the severity of the charge.
CR – Felony Criminal Cases: These are the most serious criminal charges. If your case number contains “CR,” you’re facing a felony charge that could result in prison time. Examples: 24CR156, 2025CR89.
Example: 26CR324 Year -2026 Level-Felony (CR) Number-324th filed that year in that court.
M – Misdemeanor Cases: Misdemeanor charges are less serious than felonies but still criminal offenses. A case numbered 26M543 would be the 543rd misdemeanor filed that year.
T – Traffic Cases: Traffic violations get their own designation. If you’re fighting a speeding ticket or DUI, you’ll see “T” in your case number. Example: 26T1027.
R – Infractions: Minor traffic violations and infractions use “R” in the case number. Example: 26R234.
2. Civil and Family Case Codes
Not all case numbers involve criminal charges. Colorado courts handle many types of legal matters.
CV – Civil Cases: Contract disputes, personal injury lawsuits, property disputes, and other civil litigation use “CV” designation. Example: 26CV2341.
DR – Domestic Relations: Divorce, child custody, child support, and other family law matters are designated “DR.” The “DR” stands for “domestic relations,” which is the legal term for family court matters. Example: 26DR789.
Why the Case Number Matters
Your case number tells you immediately what you’re dealing with. If you see “CR,” you know you’re facing felony charges. If you see “M,” you’re dealing with a misdemeanor.
The case number also helps you track your case through the system. Courts use these numbers to organize files, schedule hearings, and maintain records.
For example, if Tony received 3 charges in one year, each case will have its own case number. These charges can be dispo’d together (global disposition), or individually.
Where Tony could have domestic violence case dismissed for victim non-cooperation, the DA could still pursue his DUI charges.
The Sequential Number Tells a Story
The number at the end shows how many similar cases were filed before yours that year. A case numbered 2025CR15 means only 14 other felony cases were filed before yours.
A case numbered 2025M2847 means thousands of misdemeanor cases have been filed. This gives you context about how busy the court is. El Paso County typically has the most cases filed every year.
Different Counties, Same System
Every county in Colorado uses this same basic system. Some counties use the full four-digit year (2024CR1), while others use the two-digit year (24CR1).
The core year-level-number format remains consistent statewide. For example, there will be a 26CR1 in Elbert County, El Paso County and Douglas County. This is the first felony filing in that county, that filing year.
What to Do With Your Case Number
Keep your case number handy. You’ll need it every time you interact with the court system. Write it down and have it ready when you call the court clerk or meet with your attorney. This number is the key to accessing information about your case and checking court dates.
Understanding your case number is the first step in understanding your legal situation. That simple code tells you whether you’re facing criminal or civil proceedings, how serious the charges are, and where your case fits in the court system.
When you call an attorney, it is very helpful to them to have the case number to look up the case you are calling about. Sometimes names will be spelled wrong, or you might have a common name. There is only one case with that number in your county, so it can expedite the process of locating a case.
Theft and shoplifting crimes are cases that we frequently defend. They are the most common type of property crime we handle in Colorado Springs.
In my practice, sometimes the question comes up, “Why was I charged with theft, not shoplifting?” (or vice versa). The way these property crimes are charged can be determined by a variety of factors. Location of the incident (city vs. county), victim of the theft (store vs. individual), and value of the property can be determining factors.
Some people use the terms “shoplifting” and “theft” interchangeably. While all shoplifting is theft, not all theft is shoplifting. Understanding the difference between these charges matters because it determines which court hears your case, the penalties you face, and what strategies might work best in your defense.
Theft vs Shoplifting: A Quick Summary
Shoplifting is charged under Colorado Springs Municipal Code 9.6.401 in Municipal Court; theft is charged under C.R.S. 18-4-401 in County or District Court.
Retail theft inside city limits may be shoplifting; theft from individuals or outside city limits is always state theft.
Value controls severity: Shoplifting applies only under $2,000; theft penalties escalate by value, becoming felonies at $2,000 and above.
Municipal shoplifting has capped jail and fines; state theft can lead to felony convictions, prison time, and high fines.
Theft is broader and includes fraud, embezzlement, and other property crimes beyond retail stores.
The Fundamental Difference: Where You’re Charged
The most important distinction between shoplifting and theft in Colorado comes down to jurisdiction. Or which courthouse will hear your case? Shoplifting charges are typically filed in municipal court under city ordinances. Theft charges are filed in county or district court under state law. This jurisdictional difference creates significantly different legal landscapes.
Colorado Springs Municipal Code 9.6.401 defines shoplifting as a city offense. The state theft statute, C.R.S. 18-4-401, defines theft as a state crime. While the basic elements are similar, where you’re prosecuted makes a real difference in how your case proceeds and what consequences you face.
What MakAll shoplifting is theft, not vice versa:es Conduct “Shoplifting”?
Under Colorado Springs Municipal Code 9.6.401, shoplifting occurs when someone without authorization knowingly obtains or exercises control over goods offered for sale by a store. The key elements include taking merchandise valued under $2,000, intending to deprive the store permanently of the item, and the property being offered for sale in a retail setting.
The Colorado Springs ordinance specifically covers concealing merchandise, using deception to obtain refunds, or altering price tags. The municipal code creates “prima facie evidence” of intent when someone willfully conceals unpurchased goods. If you’re caught hiding merchandise, the law presumes you intended to steal it.
Municipal shoplifting charges apply only to merchandise under $2,000 in value. Anything over that amount will be filed in state court under the theft statute.
How State Theft Law Works
Colorado’s state theft statute, C.R.S. 18-4-401, is broader than the City Code. A person commits theft when they knowingly obtain, retain, or exercise control over anything of value belonging to another without authorization or by threat or deception. The statute requires intent to permanently deprive the owner, knowingly using or concealing the item, or demanding improper consideration to return it.
State theft law covers everything municipal shoplifting covers, plus much more. Theft includes stealing from individuals, embezzlement, rental property not returned, receiving stolen property, and countless other scenarios.
The state statute divides theft into multiple classification levels based entirely on the value of what was stolen, creating a sliding scale from petty offenses to serious felonies. Any theft not from a retail establishment should be filed as theft, not shoplifting.
The Penalty Structures Compared
Municipal shoplifting in Colorado Springs carries penalties of up to 189 days in jail and fines up to $2,500. These are serious consequences that create a criminal record that could affect employment, housing, and professional licensing.
State theft penalties escalate dramatically based on value. Property under $300 is a petty offense with up to 10 days in jail and a $300 fine. At $300 to $1,000, it becomes a class 2 misdemeanor with up to 120 days in jail. Between $1,000 and $2,000, theft is a class 1 misdemeanor carrying up to 364 days in jail and a $1,000 fine.
Felony territory begins at $2,000. Theft valued at $2,000 to $5,000 is a class 6 felony with 12 to 18 months in prison and fines up to $100,000. The classifications continue escalating all the way to class 2 felonies for theft exceeding $1 million, carrying eight to 24 years in prison and $1 million in fines.
One critical provision allows aggregation of multiple thefts. If someone commits theft multiple times within six months, prosecutors can add up the total value and charge based on the aggregate amount. Someone shoplifting $800 three times over four months faces a potential felony charge for $2,400 in total theft.
Why Law Enforcement Choose State vs. Municipal Charges
There is some discretion in deciding where to file shoplifting charges in some cases. Remember, there is concurrent jurisdiction in many cases. Value is the most obvious factor. High-value thefts must be prosecuted at the state level. If it is a low value, in city limits, at a store, it will most likely be filed as a shoplifting at Municipal Court.
Many municipal courts offer pretrial diversion programs for first-time offenders, allowing defendants to complete community service and pay restitution in exchange for dismissal. The county court also has options where the charges don’t have to end up on your permanent record.
Juveniles have options like Diversion, where they can avoid prosecution by participating in a court-approved program. Adults may be offered a deferred sentence, whereby they can keep the conviction off their record and even seal the case if they successfully complete the deferred.
The Location Element in Shoplifting
The big distinguishing factor of shoplifting is the “mercantile establishment” requirement. Shoplifting specifically involves taking goods offered for sale in a store. General theft under state law has no such limitation. You can commit theft by stealing from homes, construction sites, embezzling from employers, or keeping rental equipment. None of these involves retail establishments, so they can only be prosecuted as general theft.
Example: Jimmy steals a bicycle from a neighbor’s garage and commits theft, but not shoplifting. Tara, who walks out of Target with unpaid merchandise, commits both, giving prosecutors a choice of which charge to pursue.
Another element to consider is the geographic location involved as well: Did the crime happen inside city limits? If the crime happened outside of city limits, the Municipal Court doesn’t have jurisdiction over your case, and it will likely be filed as simple “theft under Colorado Revised Statutes.
If the law enforcement officer was an El Paso County sheriff, the ticket would be filed into County/District Court. A Colorado Springs Police officer may write a ticket into either courthouse.
Deception and Fraud in the Retail Context
Both the municipal shoplifting ordinance and the state theft statute address obtaining property through deception. The Colorado Springs ordinance specifically includes obtaining refunds for goods not purchased or items with altered price tags.
This is becoming very common, and if law enforcement can determine probable cause exists that you didn’t purchase the item there, or messed with the price, you could be looking at shoplifting charges.
The state theft statute’s language on deception is broader, covering any false statements, misrepresentation, or trickery to obtain property, reaching far beyond retail settings into fraud, embezzlement, and white-collar crimes.
Concurrent Jurisdiction and Prosecutor Choice
For merchandise valued under the municipal threshold, both the city prosecutor and the district attorney have authority to prosecute the offense. Colorado Springs Municipal Court’s jurisdictional limit is $2,000.
Example: Tina shoplifts a total of items valued at $2,500 from Target inside Colorado Springs City Limits.
Question: Where will this be filed? Municipal, County, or District Court?
Answer: Must be filed as theft in District Court as the amount puts the charge into Class 6 felony range.
In practice, most low-value retail theft cases start in municipal court. Prosecutors view municipal court as appropriate for first-time offenders and minor cases. State court resources are reserved for serious crimes, repeat offenders, and cases requiring felony sanctions.
All Shoplifting is Theft, But Not All Theft is Shoplifting
The best way to think about it: shoplifting is a subset of theft. Every shoplifting case involves the elements of theft. But theft encompasses vastly more conduct than just shoplifting.
Theft includes pickpocketing, burglary, embezzlement, fraud, and countless other ways to wrongfully take property. Shoplifting is the narrow category of theft that happens in retail stores. All shoplifting is theft, but not all theft is shoplifting.
Practical Implications for Defendants
Understanding whether you face municipal shoplifting or state theft charges matters enormously. Municipal court offers more lenient maximum penalties and better access to diversion programs. State court means facing potentially severe felony penalties and mandatory prison sentences.
The charge also affects your defense strategy. Municipal cases often focus on negotiating diversion or reduced charges. It could be a court trial or a jury trial with fewer than 6 jurors in the Colorado Springs City Court. State felony cases require more aggressive defense tactics.
County Court, you will have 6 jurors. In District Court there will be 12. You can still choose to have a Court trial where the Judge decides your case.
The specific statute cited in your charging documents tells you which system you’re in. Municipal ordinance numbers like “9.6.401” indicate city charges. “C.R.S. 18-4-401” indicates state charges.
Conclusion
Shoplifting and theft overlap but aren’t identical. Shoplifting is municipal prosecution for retail theft under $2,000. Theft is the comprehensive state crime covering all forms of wrongful taking, from petty offenses to major felonies.
Where you’re prosecuted determines your penalties, your options, and your approach to defense. All shoplifting is theft, but the reverse isn’t true.
If you’ve been charged with theft or shoplifting, give us a call. We defend all types of theft cases (including “white collar “crimes) at all Courts in Colorado Springs.
For any legal inquiries or consultations, contact McDowell Law Firm today.
Whether you’re applying for a new job, renting an apartment, or seeking professional licensure, the prospect of a background check can raise questions and concerns.
What exactly will show up when someone runs a check on you? Understanding what information appears on background checks, and what doesn’t can help you prepare for these screenings and address any concerns proactively.
Background checks have become standard practice across many industries and situations. While they serve important purposes for employers and organizations, they can also feel invasive and stressful for the people being screened. The good news is that background checks follow specific rules and limitations, and knowing what to expect can help ease your concerns.
What Appears on Criminal Background Checks
Criminal background checks are among the most common types of screenings, and they typically reveal a variety of information about your interactions with the criminal justice system.
Most background checks will show both felony and misdemeanor convictions, along with details about the charges, disposition, and sentencing.
Background checks typically include arrest records with dates and charges, court records showing the entire case history, any active warrants, conviction details with sentencing information, and records of time served in correctional facilities.
When a background check company searches criminal records, they’re pulling information from various sources. County-level searches are considered the most accurate because most criminal prosecutions occur in municipal or county courts. More comprehensive checks may also search state databases and federal court records.
It’s important to understand that even arrests that didn’t lead to convictions can appear on background checks. This often surprises people who assumed that being found not guilty or having charges dropped would erase the incident from their record entirely. The reality is more nuanced.
A common misconception is that employers and landlords have access to the FBI’s National Crime Information Center database. In reality, commercial background checks and law enforcement databases operate very differently.
The NCIC is maintained by the FBI and contains comprehensive information on criminal records, wanted persons, fugitives with active warrants, missing persons, and stolen property. However, access to the NCIC is strictly restricted to law enforcement agencies, certain government entities, and organizations specifically authorized by law. Commercial background check companies and private employers cannot search the NCIC database.
Instead, commercial background check providers compile their own databases by gathering information from various public sources. These sources include county court records, state criminal repositories, sex offender registries, federal court records, and other publicly available information.
Each background check company maintains its own database, which means two different companies might have access to different information depending on which sources they’ve compiled.
This is why there’s no truly comprehensive national criminal database available to private employers. The information in commercial databases depends entirely on which records the company has purchased and compiled. Some commercial databases are more thorough than others, but none have the complete access that law enforcement agencies have through the NCIC.
For most employment and housing screenings, commercial background checks rely heavily on county-level court searches combined with multi-jurisdictional database searches.
While these searches are generally thorough, they may not capture every criminal record, especially recent arrests that haven’t yet been entered into public databases or records from jurisdictions the company hasn’t compiled into their system.
Dismissed and Pending Charges
One of the most common questions people have is whether dismissed charges will appear on their background check. Unfortunately, the answer is often yes. Dismissed charges typically appear on most background checks because they represent formal criminal indictments, even though they didn’t lead to convictions.
When charges are dismissed, it means the prosecution or court decided not to pursue the case further. This could happen for many reasons, including lack of evidence, procedural errors, or successful completion of diversion programs. While individuals are not legally guilty when charges are dismissed, the arrest and court proceedings still create a record.
Pending charges also appear on background checks in most cases. If you’re currently facing criminal charges that haven’t been resolved, those charges will likely show up along with their current status.
This can create challenges for job seekers or others undergoing screening. Even though the presumption of innocence remains in court, employers may not feel the same or consider you too big a risk.
The critical distinction is that dismissed charges should show as dismissed rather than as convictions. A reputable background check will clearly indicate the disposition of each charge.
However, it can take time for court systems and law enforcement agencies to update their records after charges are dismissed, which means recent dismissals might not immediately reflect the updated status.
The Difference Between Juvenile and Adult Records
One of the most significant distinctions in criminal background checks involves records from when you were a minor. Juvenile records are treated very differently from adult criminal records, reflecting the belief that young people deserve opportunities for rehabilitation without lifelong consequences.
Criminal background checks usually don’t report juvenile offenses, as juvenile records are typically sealed from public disclosure.
In many jurisdictions, juvenile records can be sealed or expunged when the individual turns eighteen, and in some places this happens automatically. In Colorado, we use the term “expunged” for juvenile cases.
When juvenile records are sealed, they don’t appear on standard background checks, so employers cannot see them. This protection allows individuals to move forward from mistakes made as minors without those incidents affecting their adult opportunities.
However, juvenile record confidentiality isn’t absolute. Certain positions working with children, seniors, vulnerable populations, or requiring high security clearances may allow access to juvenile records through specialized background checks.
Level 2 background screenings, used for positions involving vulnerable populations, can reveal records that have been sealed by courts, including certain juvenile convictions.
The treatment of juvenile records varies significantly by state. Some states feature automatic expungement filing for juvenile offenders, while others require individuals to submit applications independently. The severity of the juvenile offense also matters, as more serious juvenile offenses are more likely to remain on records for longer periods.
Once a juvenile record is expunged, it will be completely sealed and will not be visible on background checks. Former juvenile offenders with expunged records can legally state on applications that they’ve never been arrested or adjudicated delinquent for those offenses.
What Won’t Show Up: Sealed and Expunged Records
Perhaps the most important thing to understand about background checks is that sealed and expunged records should not appear. Criminal convictions that have been expunged or sealed should never show up on background checks.
Expungement and sealing are legal processes that remove or restrict access to criminal records. When a record is expunged, it’s essentially erased from existence for most purposes. When a record is sealed, it still exists but is hidden from public view and most background check companies.
If you’ve successfully petitioned the court to expunge or seal records, those cases should not appear on standard employment background checks.
However, even after sealing, certain government agencies and courts can access sealed records for specific purposes, though they shouldn’t show up on typical background checks.
If you are applying to certain high-level government positions, there is a chance that even a sealed offense/record could appear.
If you are applying for a job that you expect will have a more extensive background check, be prepared to discuss the charge.
If it is sealed, that means it was likely dismissed, so you could discuss how and why the case was dismissed and sealed.
Were you wrongfully accused? Did the prosecutor drop the charges after additional investigation?
The key is ensuring that the expungement or sealing process was completed properly and that all relevant agencies have updated their records. If sealed or expunged records do appear on a background check, it may indicate an error that needs to be corrected.
Time Limitations on Reporting
Background checks don’t extend infinitely into the past. Federal and state laws impose limitations on how far back certain information can be reported.
In several states, including California, Kansas, Massachusetts, Maryland, Montana, New Hampshire, New York, and Washington, it’s illegal for background check companies to report convictions that are more than seven years old. This “seven-year rule” provides some relief for individuals with older convictions who have moved on with their lives.
The Fair Credit Reporting Act establishes federal guidelines as well. Under federal law, arrests that didn’t lead to convictions are generally reportable for up to seven years, while convictions can often be reported indefinitely unless state law provides otherwise. Under the FCRA, civil judgments and lawsuits can also be reported, but they are bound by the seven-year rule as well.
These time limitations don’t apply universally to all positions. Certain regulated industries or positions with higher security requirements may have access to more comprehensive background information regardless of age.
Beyond Criminal History
While criminal records are usually the number one concern about background checks, these screenings often include other types of information as well. Background checks may include employment and education verification, driving records, professional license verification, and even credit reports for certain positions.
Employment verification confirms your work history, including job titles, dates of employment, and sometimes salary information.
Education verification checks the degrees and credentials you’ve claimed. For positions involving driving, motor vehicle records will show your driving history, including tickets and license suspensions. For example, CDL drivers, taxi drivers, and chauffeurs can expect that their DMV records will be pulled by prospective employers.
For positions in financial services or other roles handling money, credit checks may be part of the background screening process. These checks reveal your credit history, outstanding debts, and financial responsibility patterns. This is also true for many government positions and jobs that require high trust.
Preparing for Background Checks
I understand that applying for a job is a high-stress situation. But being worried about your history and what might show up can be nerve-racking. Understanding what will appear on your background check allows you to prepare appropriately.
If you know you have a criminal record, it might be a good idea to run your own background check before potential employers do. This gives you a chance to see exactly what shows up and address any inaccuracies.
If dismissed charges or old arrests appear on your record, you may be able to take legal action to have them sealed or expunged. Consulting with a criminal defense attorney can help you understand your options for cleaning up your record. I handle sealings and expungements on cases that weren’t automatically sealed by the court. Under new Colorado laws, it is much easier to seal a case. Additionally, more cases are eligible for sealing.
When filling out job applications or other forms, answer honestly and accurately. If a question asks about convictions and your charges were dismissed, you typically don’t need to disclose them, but read the question carefully, as some applications ask about arrests or charges regardless of disposition. When in doubt, discuss with a criminal defense attorney near you regarding what should be disclosed in your situation.
Remember: Most of all, be prepared to discuss anything that appears on your background check. Having a clear, honest explanation ready, especially one that emphasizes what you’ve learned and how you’ve moved forward, can make a significant difference in how potential employers view your history.
Here’s a question I get asked more often than you’d think: “When did DUI actually become illegal?”
The answer surprises most people. Drunk driving has been illegal in parts of America since 1906, long before breathalyzers existed, before BAC testing was possible, even before most Americans owned cars. But those early laws looked nothing like the complex DUI system we have today.
I have handled thousands of drunk driving cases, both as a prosecutor and as a DUI defense lawyer. I find the evolution of drunk driving laws fascinating. Understanding this history isn’t just interesting trivia. It explains why modern DUI cases are so technical, why defense strategies focus on scientific evidence and procedures, and why a DUI arrest triggers two separate proceedings (criminal court and DMV).
Let’s cover how we got from vague prohibitions on “intoxicated driving” to today’s science-driven, procedure-heavy DUI enforcement system. This history directly impacts how I defend cases today.
Before “DUI,” There Were Drunk Driving Arrests
The drunk driving problem emerged as soon as cars became common. One of the earliest documented drunk driving arrests happened in London in 1897, when police arrested a taxi driver for operating his vehicle while intoxicated.
But in the United States, “DUI” as a defined legal category developed gradually, tied to state motor vehicle codes and eventually federal highway funding incentives. Early lawmakers recognized the danger immediately, even when cars were rare and expensive.
The First U.S. Drunk Driving Laws Were Vague But Important
Early American drunk driving laws bore little resemblance to modern DUI statutes. They typically banned driving “while intoxicated,” without any numeric BAC standard. Testing didn’t exist yet, so prosecutors had to rely entirely on observations.
Two landmark dates in U.S. DUI history
1906: New Jersey became one of the first states to specifically criminalize driving an automobile while intoxicated. Keep in mind, this was before most Americans had ever seen a car, let alone owned one.
1910: New York enacted one of the earliest comprehensive statutory prohibitions on operating a motor vehicle while intoxicated. Legal scholarship widely cites this as a pivotal early drunk driving law.
Here’s some context for how rare cars were back then:
1906: Cars weren’t common on U.S. roads, but lawmakers already understood the danger drunk drivers posed
1908: Henry Ford introduced the Model T
1910: Mass production of automobiles began
1914: The Model T’s price dropped to $490, making cars accessible to working families
1920: Over 8 million registered cars in the United States
1930: Over 23 million cars on American roads
Think about that. New Jersey passed its drunk driving law when hardly anyone owned a car. That’s how serious lawmakers took the threat.
How Early DUI Cases Were Prosecuted
If you were prosecuted for drunk driving in the early 1900s, the case turned entirely on testimony. Officers described your driving behavior, physical appearance, odor, and speech patterns. Courts had no standardized roadside tests. Prosecutors had no breath machines. No blood tests. No scientific measurements whatsoever.
Defense strategy focused on credibility, alternative explanations, and the complete lack of objective measurement. Sound familiar? Those same strategies still work today when chemical test evidence is weak or missing.
That dynamic changed once medicine and public safety organizations began pushing for measurable standards.
Science Enters the Law: BAC Thresholds Begin to Form
A major turning point came in 1938 when the American Medical Association partnered with the National Safety Council to establish chemical standards for interpreting “under the influence.” They recommended a limit of 0.15% BAC.
Let that sink in. That’s three times the current legal limit for a DWAI in Colorado (0.05%), and nearly double today’s DUI limit (0.08%).
Why This Mattered
This wasn’t yet a nationwide “legal limit,” but it provided a blueprint for future DUI laws. It gave lawmakers and courts a way to connect alcohol concentration to legal definitions of impairment. More importantly, it created the intellectual foundation for “per se” DUI laws decades later, where BAC alone can satisfy an element of the offense.
The concept was revolutionary: you could be guilty of DUI based solely on a number, regardless of how you appeared or drove.
Chemical Testing Technology Transforms DUI Enforcement
Once BAC could be measured reliably, DUI law shifted from subjective judgment toward instrument-based evidence. This fundamentally changed how cases were prosecuted and defended.
Key developments included
Blood testing for BAC became available in the 1930s
The Breathalyzer was invented in 1954
Breath alcohol devices were widely adopted in traffic enforcement by the mid-20th century
Laboratory blood testing grew as an evidentiary tool
For DUI defense attorneys, this created what I call the “DUI evidence stack”:
Observations and driving pattern
Field sobriety testing
Breath or blood chemical results
Chain of custody and instrument reliability issues
When breath and blood testing instruments became common, DUI defense work increasingly required technical fluency in instrumentation and testing procedures. That remains absolutely true today. If your lawyer doesn’t understand the science behind these tests, they can’t effectively challenge the results.
Express Consent Laws Reshape the Refusal Landscape
States also built legal tools to obtain chemical evidence, including implied or express consent laws. These frameworks allow license consequences for refusing a lawful chemical test request.
Colorado uses “Express Consent,” meaning that by driving on Colorado roads, you’ve already expressly consented to provide a sample of your breath or blood for chemical testing if lawfully arrested for DUI.
Why Express Consent Changed Everything
Express consent accomplished two things simultaneously:
It encouraged compliance with chemical testing
It created a second legal track of consequences, separate from the criminal DUI charge, through administrative license actions
This dual-track system still shapes case strategy today. A drunk driving arrest triggers both criminal court exposure and DMV consequences on different timelines, with different standards and hearing rules.
Through the DMV process: You can lose your license for refusing a chemical test or for driving with a BAC over 0.08%.
In criminal court: You face legal penalties for drunk driving, including up to a year in jail for a first offense in Colorado. A DUI conviction can also revoke your license.
Understanding both tracks is essential for proper DUI defense. Many attorneys miss opportunities at the DMV hearing that could have preserved their client’s driving privileges.
The Federal Government Accelerates Uniformity
DUI is a state crime (unless committed on federal property), but federal action heavily influenced state DUI policy through funding, standards, and highway safety priorities.
A major catalyst was the 1966 Highway Safety Act, which confronted alcohol-impaired driving as a national traffic safety priority. An interesting pattern emerged:
States create their own criminal law
Federal policy pushes national consistency by tying certain safety requirements to highway funding
Translation: Although states make their own DUI laws, if they want federal highway funds, they need to fall in line with federal guidelines. It’s a carrot-and-stick approach that’s been remarkably effective at creating nationwide standards.
From “Intoxicated” to “Per Se”: How BAC Limits Became Central
Modern DUI law typically includes multiple offense types:
Impairment DUI: The government proves your ability to drive was impaired by alcohol or drugs to the slightest degree
Per Se DUI: The government proves your BAC was at or above a statutory level (usually 0.08%) within a defined timeframe
DUI: A driver is substantially incapable of operating a vehicle
The per se model spread as states adopted numeric BAC limits, then lowered them over time. The progression typically went from 0.15% to 0.10% to eventually 0.08%.
The Move to 0.08 as the National Norm
The critical legal moment came in 2000 and 2001, when Congress used funding sanctions to accelerate adoption of 0.08% BAC laws. President Clinton’s Transportation Appropriations Bill required states to lower their DUI limits to 0.08% or face denial of federal highway funding.
Every state eventually adopted this standard. By 2004, all 50 states had set their per se BAC limit at 0.08%.
Does the Legal Limit Actually Matter?
I’ll be honest with you. There’s debate about whether lowering legal limits actually saves lives or just creates more prosecutions. Mark Twain famously said there are “lies, damned lies, and statistics.”
Legal limits probably don’t matter much to someone who chooses to drink and drive after consuming 10 beers. They’re not considering whether they’re at 0.04% or 0.079% when they get behind the wheel.
That said, lower limits may have a deterrent effect on repeat offenders or encourage some people to drink in moderation. Hopefully, this saves lives.
What I know from my DUI defense practice: drivers with higher BACs are definitively more dangerous to themselves and others. It’s common to see high BAC results in serious accident cases. Intoxicated driving at any level is a serious safety hazard.
What This Means for DUI Defense
Independent of the legal limit, defense strategy focuses on creating reasonable doubt through other aspects of the case. The fight in a BAC case typically centers on:
The legality of the stop and detention
The legality of the arrest
Chemical test foundation, calibration, maintenance, and operator compliance
Blood draw procedures, preservatives, contamination risk, and lab methodology
Rising BAC defenses and time of driving issues
Medical explanations and measurement uncertainty
This is why “best DUI lawyer” or “DUI attorney near me” searches lead people to attorneys who focus their practice on drunk driving defense. Good DUI attorneys can argue both constitutional issues and forensic details.
The Modern DUI Era: Data, Deterrence, and Technology
DUI law kept expanding beyond BAC limits. Policy now targets enforcement certainty and prevention tools, including ignition interlock devices, high-visibility enforcement campaigns, and administrative sanctions.
Drunk driving remains a major factor in traffic fatalities. NHTSA reports that approximately 30% of U.S. traffic crash fatalities involve drunk drivers with BACs of 0.08% or higher. In 2023 alone, 12,429 people were killed in drunk driving crashes.
State legislatures didn’t stop at making DUI illegal. They instituted systems to educate and deter drunk driving behavior. In Colorado, a DUI or DWAI conviction requires:
Alcohol education and therapy as required by an alcohol evaluator
Community service
Probation
Fines
Possible jail time (mandatory for prior convictions or BAC over 0.20%)
So When Did DUI Actually Become Illegal?
Here’s the complete timeline:
Early 1900s: Drunk driving became illegal in parts of the United States through state statutes prohibiting driving while intoxicated, with New Jersey (1906) and New York (1910) as early examples.
Late 1930s: DUI became “modern DUI” once chemical standards and BAC concepts entered the legal system, especially after national organizations promoted measurable thresholds.
1954: The Breathalyzer was invented, revolutionizing enforcement.
2000-2004: DUI became nationally standardized at 0.08% after federal funding sanctions drove state adoption, with universal 0.08% state limits by 2004.
That’s the real evolution: from a vague prohibition on “intoxicated driving” to a science-driven, procedure-heavy system built around chemical proof.
Colorado DUI Law: A State-Specific History
Since I practice in Colorado, let me give you our state’s specific timeline:
Early 1900s: Colorado criminalized impaired driving shortly after cars appeared on Colorado roads, following national trends.
1982: Major DUI statute rewrite. Colorado enacted comprehensive reforms that revised and strengthened DUI/DWAI laws, requiring better records, new penalties, and alcohol abstinence conditions for repeat offenders.\
1990s-2000s: Colorado aligned with national BAC standards, adopting 0.08% per se DUI laws. Modern Colorado law (C.R.S. § 42-4-1301) also includes a 0.05% presumptive limit for impaired driving (DWAI).
2013: Colorado passed House Bill 2013-1325, amending DUI statutes including definitions and penalties.
2015: Fourth DUI became a felony. Colorado lawmakers changed the law so a fourth DUI conviction automatically becomes a class 4 felony, significantly increasing penalties for repeat offenders.
2019: Tandem DUI per se law added. Colorado created a new offense for driving with both alcohol and measurable drugs in your system.
What Is Tandem DUI?
Tandem DUI applies when a driver is suspected of using alcohol and one or more drugs “in tandem.” The slang term “cross-faded” (drunk and high simultaneously) perfectly describes when someone might face a tandem DUI charge.
The legal definition requires:
Evidence based on demeanor, behavior, and observable impairment that the driver consumed alcohol or drugs (or both)
The driver was substantially incapable mentally or physically to exercise clear judgment or safe operation
Any measurable amount of a drug or controlled substance (other than alcohol) in blood or oral fluid at the time of driving or within four hours after
How Does DUI History Inform Defense Today?
Understanding this legal evolution directly impacts how I defend DUI cases:
Scientific evidence, not just officer opinion: Modern cases require challenging the science, not just the observations.
Administrative license rules, not just the criminal case: You must fight on both fronts to protect your client’s driving privileges.
Statutory technicalities: Observation periods, admissibility foundations, and test timing rules all stem from this historical development.
Constitutional limits: Protections against unreasonable stops, searches, and compelled testing remain your strongest defenses.
What Good DUI Representation Requires
Your lawyer should be able to do three things clearly:
Explain the legal theory: Impairment DUI vs. per se DUI, and why it matters in your case
Attack the process: Challenge the stop, arrest, test request, testing method, and documentation
Interpret the science: Understand breath and blood measurement limits, lab practices, and alternative explanations
This is why experience matters in DUI defense. The law has evolved over more than a century, creating layers of complexity that require specialized knowledge to navigate effectively.
If You Have been Charged with a DUI
DUI laws started simple and became increasingly complex as science, technology, and policy evolved. What began as a basic prohibition on intoxicated driving transformed into a sophisticated system involving chemical testing, administrative hearings, federal funding mandates, and felony enhancements.
This complexity creates opportunities for defense. Every layer of procedure, every scientific test, every administrative requirement represents a potential weakness in the prosecution’s case if not followed correctly.
If you’re facing DUI charges in Colorado Springs, you need an attorney who understands not just current DUI law, but how we got here and why these procedures exist. That knowledge is the foundation of effective defense strategy.
Contact The McDowell Law Firm today for a free consultation. We’ll evaluate your case and explain exactly how the law applies to your situation. Remember, being charged with DUI doesn’t mean you’re guilty. Make the State prove their case according to the rules that a century of legal evolution created to protect you.
