Experienced DUI/DWAI Defense in Colorado
A DUI or DWAI charge in Colorado carries serious consequences that extend far beyond the courtroom. From license suspension and substantial fines to potential jail time and long-term career impacts, the stakes are high. At our firm, we provide aggressive, knowledgeable defense representation for clients facing all types of impaired driving charges.
Our defense attorneys have successfully represented hundreds of clients in DUI cases, securing charge reductions, dismissals, and favorable outcomes through meticulous case preparation, technical knowledge, and strategic negotiation. We understand both the science behind DUI testing and the procedural requirements law enforcement must follow, allowing us to identify and leverage weaknesses in the prosecution's case.
Understanding Colorado DUI/DWAI Laws
Colorado law distinguishes between Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI), with different thresholds and penalties for each offense:
DUI Charges
In Colorado, you can be charged with DUI if your blood alcohol content (BAC) is 0.08% or higher, or if you're substantially incapable of safely operating a vehicle due to alcohol, drugs, or a combination of substances. A DUI is a serious misdemeanor offense that can result in jail time, substantial fines, mandatory alcohol education and therapy, probation, and license suspension.
DWAI Charges
Driving While Ability Impaired applies when your BAC is between 0.05% and 0.08%, or when you're affected to the slightest degree by alcohol or drugs. Though considered a lesser offense than DUI, DWAI still carries significant penalties including potential jail time, fines, probation, and points against your driver's license.
Felony DUI
Colorado law establishes felony penalties for multiple DUI offenders. If you have three or more prior DUI or DWAI convictions, a new offense can be charged as a Class 4 felony, carrying potential prison sentences of 2-6 years and substantially increased fines. Felony DUI convictions create permanent criminal records that can severely impact employment, housing, and other opportunities.
Beyond standard DUI and DWAI charges, Colorado law addresses several related offenses. Underage Drinking and Driving (UDD) applies to drivers under 21 with any BAC between 0.02% and 0.08%, reflecting Colorado's zero-tolerance approach to underage drinking. Having a child passenger can result in additional charges of child abuse or endangerment, substantially increasing penalties.
If impaired driving causes serious bodily injury to another person, you may face felony vehicular assault charges with mandatory prison sentences. Causing death while driving impaired results in felony vehicular homicide charges carrying potential sentences of 4-12 years in prison. Commercial drivers face stricter BAC limits (0.04%) and more severe professional consequences, including potential loss of commercial driving privileges.
Penalties for DUI/DWAI Convictions
Colorado imposes escalating penalties for DUI and DWAI offenses based on prior convictions and BAC levels:
First Offense DUI
First-time DUI offenders face potential jail time of 5 days to 1 year, fines of $600 to $1,000, up to 96 hours of community service, alcohol education and therapy (Level I or II), 9-month license suspension, and 12 points on your driver's license.
First Offense DWAI
A first DWAI offense carries potential jail time of 2 to 180 days, fines of $200 to $500, up to 48 hours of community service, alcohol education, and 8 points on your driver's license.
Second and Subsequent Offenses
Penalties increase substantially for repeat offenders. These include mandatory minimum jail sentences (10 days to 1 year), substantially higher fines, extended license revocation periods, mandatory ignition interlock devices, intensified alcohol treatment requirements, potential vehicle confiscation, and possible felony charges for third or subsequent offenses.
Administrative Penalties
In addition to criminal penalties, the Colorado Department of Motor Vehicles imposes administrative sanctions that are separate from court proceedings. These include Express Consent license revocation (9 months to 2 years), early reinstatement options with ignition interlock requirements, and reinstatement fees and SR-22 insurance requirements.
Our Strategic DUI Defense Approach
Every DUI case presents unique circumstances requiring customized defense strategies. Our approach includes:
Comprehensive Case Analysis
We begin with a thorough analysis of all evidence. We scrutinize the legality of the traffic stop, arrest procedures, and officers' observations for compliance with legal requirements. We evaluate whether standardized field sobriety tests were properly administered and interpreted, identifying procedural errors and alternative explanations for performance issues.
We analyze breath and blood test procedures, maintenance records, chain of custody documentation, and laboratory protocols to identify potential scientific and procedural errors. When available, we carefully review dash cam and body cam footage to compare officer reports with objective video evidence. We also identify medical conditions, physical limitations, or environmental factors that may have influenced field sobriety test performance or chemical test results.
Scientific Defense Strategies
DUI cases often hinge on scientific evidence that appears definitive but may contain significant flaws. Our defense team brings specialized knowledge of breath and blood testing limitations. We understand the scientific shortcomings of breath testing devices, including calibration issues, measurement uncertainty, and physiological variables that can produce false or elevated readings.
Our knowledge of proper blood draw procedures, storage requirements, fermentation concerns, and gas chromatography analysis allows us to identify potential errors in blood alcohol testing. When appropriate, we utilize the principle of alcohol absorption to demonstrate that while your BAC may have been over the legal limit when tested, it could have been under the limit while driving. We also identify prescription medications, medical conditions, and dietary factors that can influence chemical testing results or mimic intoxication symptoms.
Constitutional and Procedural Defenses
Many DUI cases can be successfully challenged based on constitutional violations or procedural errors. We challenge unlawful traffic stops, detentions, searches, and seizures that lack reasonable suspicion or probable cause. We identify instances where statements should be suppressed due to improper questioning or custody situations.
We pursue remedies for mishandling of evidence, testing delays, and other procedural irregularities that compromise fundamental fairness. We also scrutinize whether officers properly advised you of your rights regarding chemical testing and the consequences of refusal.
DMV Hearing Representation
The administrative license suspension process runs parallel to criminal proceedings, requiring separate representation. Our attorneys handle DMV hearings to protect your driving privileges by challenging probable cause, examining testing procedures, exploring procedural errors, and negotiating limited driving privileges when full reinstatement isn't possible.
DUI Defense for Specific Situations
Our defense team provides specialized representation for particular DUI circumstances:
Professional Drivers and CDL Holders
Commercial drivers face particularly severe consequences from DUI charges, including potential career termination. We understand the special considerations for CDL holders and develop defense strategies focused on preserving both personal and commercial driving privileges whenever possible.
Healthcare and Licensed Professionals
For medical professionals, attorneys, teachers, pilots, and others in licensed professions, DUI convictions can trigger licensing board investigations and professional discipline. We coordinate defense strategies that address both criminal charges and professional licensing concerns, often working alongside professional licensing defense counsel.
Military Personnel
Active duty service members and military contractors face additional consequences from DUI charges, including potential military discipline and security clearance issues. Our defense approaches for military clients address both civilian and military implications.
Out-of-State Defendants
For visitors charged with DUI in Colorado, we provide representation that minimizes travel requirements and navigates the interstate complications of driver's license consequences and probation supervision.
The DUI Defense Process
Understanding what to expect during your case helps reduce anxiety and enables more effective participation in your defense:
Initial Case Assessment
Your defense begins with a comprehensive consultation where we review available documentation, discuss the circumstances of your arrest, and identify initial defense approaches. This assessment includes examination of immediate concerns like bond conditions, license implications, and preliminary hearing preparation.
DMV Hearing Representation
We immediately address the administrative license suspension process, requesting timely hearings to contest license action and seeking stay orders to preserve driving privileges during case pendency when possible.
Investigation and Discovery
Our team conducts thorough discovery and independent investigation. We obtain complete police reports, videos, and dispatch recordings. We secure maintenance and calibration records for testing devices and interview witnesses to gather evidence about your condition. When appropriate, we consult with expert witnesses and visit the location of the traffic stop and arrest to better understand the circumstances.
Pretrial Motions and Hearings
We file strategic motions addressing evidentiary and constitutional issues. These may include motions to suppress evidence from illegal stops or searches, motions challenging the admissibility of chemical test results, motions regarding prior convictions and enhanced penalty eligibility, and motions addressing discovery compliance and evidence preservation.
Negotiation and Case Resolution
Based on case strengths and weaknesses, we pursue the most favorable resolution. We negotiate for reduced charges such as reckless driving or traffic infractions when appropriate and secure minimized penalties and alternative sentencing options. When available, we advocate for deferred judgment and sentence arrangements. In cases with constitutional violations or insufficient evidence, we pursue outright dismissal.
Trial Representation
When trial presents the best option, we provide comprehensive trial defense. Our approach includes jury selection focused on identifying favorable jurors, compelling opening and closing arguments, strategic cross-examination of police officers and prosecution experts, presentation of defense experts and evidence, and clear explanation of reasonable doubt in the DUI context.
Post-Conviction Assistance
Following case resolution, we provide ongoing support with early termination of probation when appropriate, license reinstatement guidance, record sealing advice when eligible, and compliance with court-ordered requirements.
Why Choose Our DUI Defense Team
Technical and Scientific Expertise
Our attorneys bring specialized knowledge of DUI testing methods, scientific principles, and procedural requirements. This expertise allows us to identify and challenge technical issues that general practitioners might miss.
Our team includes former prosecutors who understand how DUI cases are built and evaluated from the government's perspective. This insider knowledge strengthens our ability to anticipate and counter prosecution strategies.
Local Court Knowledge
We practice regularly in courts throughout Colorado, developing valuable familiarity with local judges, prosecutors, and procedural nuances. This local knowledge allows for more effective negotiation and strategic case planning.
Focused DUI Practice
Rather than handling DUI cases as a sidebar to other practice areas, we maintain a concentrated focus on impaired driving defense, allowing for deeper expertise and more refined defense approaches.
Comprehensive Representation
We address both the criminal and administrative aspects of your case, providing seamless representation across court proceedings and DMV hearings to ensure a coordinated defense strategy.
Taking Action After a DUI Arrest
If you've been arrested for DUI or DWAI, taking prompt action is essential for preserving defense options and driving privileges. You should request your DMV hearing within 7 days of arrest to preserve your right to contest license suspension. Gather and preserve evidence including witness information, receipts, medical records, and personal observations. Document any medical conditions or circumstances that might have affected testing or appearance. Most importantly, consult with experienced DUI defense counsel before making decisions or statements about your case.
Our defense team offers confidential consultations to evaluate your situation and outline potential defense strategies. Contact us today to begin protecting your rights, driving privileges, and future.
