Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowThe DUI attorneys of Colorado Legal Defense Group (CLDG) have three key objectives in every case:
We can usually resolve cases without having to go to trial.
CLDG maintains a “dream team” of six seasoned DUI attorneys. You benefit from our decades of combined experience and reputation. We know that no case is hopeless. Our legal team looks at every charge individually.
In many cases, we find evidence of errors either by the police or with the chemical-testing equipment.
Oftentimes, this can be enough to get your whole case thrown out so you keep your license and your record clean.
Our job is to understand your story. We present it in the best light
Keep reading for more information about Colorado DUI laws. To learn more about specific DUI charges, visit our section on Colorado DUI offenses A to Z.
Possibly. There are many potential ways to fight DUI/DWAI charges. Just five common defense strategies include:
If prosecutors see their evidence is insufficient, they may drop the charge. Or they may reduce it to a lesser offense, such as reckless driving (42-4-1401 C.R.S.).
There is also the option of going to trial. As long as the defense attorney can raise a reasonable doubt, the court should acquit you. However, in practice, most DUI/DWAI cases are resolved through negotiations alone.
First-time DUIs carry a 9-month license suspension. However, you may contest the suspension at a DMV hearing.
DMV hearings are administrative trials separate from the criminal DUI case. They are valuable opportunities to cross-examine the arresting officer. Depending on the case, the judge may find in your favor.
Even if your license does get suspended on a first-time DUI, you can usually resume driving. You would just need to have an ignition interlock device (IID) installed. This is a breathalyzer that keeps the car from starting if it detects alcohol. Then if you use the IID correctly for 4 months, your license will be fully reinstated.
Note that first-DWAIs carry no license suspension. Refusing to take a breath or blood test carries a 1-year suspension for a first violation. If you are under 21 and arrested for underage drinking and driving (UDD), you face a 3-month suspension for a first violation. Learn more about underage DUI license suspensions.
Courts rarely impose jail for first-time misdemeanor DUIs unless your blood alcohol content (BAC) is 0.20% or higher. It may be possible to get drunk/drugged driving charges lessened or dropped completely.
Otherwise, the sentence for violating Colorado DUI laws depends on whether the charge is for:
First-time DUI or DUI per se | Misdemeanor:
If your blood alcohol concentration (BAC) was at least 0.15%, you are labeled as a persistent drunk driver (PDD) and sentenced as a repeat-DUI offender. |
Second-time DUI or DUI per se | Misdemeanor:
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Third-time DUI or DUI per se | Misdemeanor:
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Fourth or subsequent DUI or DUI per se | Class 4 Felony:
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First-time DWAI | Misdemeanor:
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Second-time DWAI | Misdemeanor:
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Third-time DWAI | Misdemeanor:
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Fourth or subsequent DWAI | Class 4 Felony:
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First-time UDD | Class A traffic infraction:
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Second or subsequent UDD | Class 2 traffic misdemeanor:
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Vehicular assault (18-3-205 C.R.S.) | Class 4 felony:
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Vehicular homicide (18-3-106 C.R.S.) | Class 3 felony:
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It varies, but on average, three-to-six months.
The first step in the DUI court process is the arraignment. This is a short hearing where you are formally charged. If you have an attorney, you can have the arraignment vacated and proceed to a pretrial conference.
The pretrial conference is where your defense attorney negotiates with the prosecutor. Your defense attorney will point out all the deficiencies and problems in the case. Hopefully, the D.A. will respond by offering a dismissal or favorable plea deal.
If negotiations stall, the court can then set the matter for trial. Sometimes, the very act of trial preparation makes prosecutors realize their case is too weak to sustain a conviction. They may ultimately give in and drop or reduce the charges.
DUI/DWAI convictions may never be sealed under Colorado law. However, under certain conditions, convictions for UDD or juvenile DWAI may be expunged.
Note that DUI/DWAI charges that get dismissed can usually be sealed right away. The only exception is if the case was dismissed because of a deferred judgment.
There are three ways that driving under the influence of alcohol or drugs becomes a felony:
In addition to the fines and prison time discussed above, felony DUI convictions result in a loss of gun rights.
DUI stands for “driving under the influence.” It typically applies when you drive with a BAC of .08% or higher. Even if you are driving safely, having an illegal BAC level is automatically (“per se”) illegal.
Meanwhile, DWAI stands for “driving while ability impaired.” This typically applies when you drive with a BAC of greater than .05% but less than .08%.
Predictably, DWAI carries lesser penalties than DUI. Unlike DUI, a first-time DWAI does not require a mandatory license suspension.
Colorado punishes drugged driving identically to drunk driving. The only difference is that if you are suspected of being high, you are required to take a blood test. You cannot elect to take a breath test instead.
Learn more about DUI of marijuana and DUI of drugs (DUID).
DUI generally is not deportable. Therefore, if you are a non-citizen convicted of DUI, you should not be removed from the U.S. once you finish your sentence.
However, immigration law is always changing. Therefore, if you are an alien facing criminal charges, you are encouraged to consult with an attorney right away. The attorney can help determine whether the case threatens your resident status.
The cost of a DUI defense attorney in Denver depends on the complexity of the case. For example, defending a felony DUI charge usually costs more than defending a misdemeanor DUI charge. For a simple first-time DUI case, most attorneys will charge between $2,000.00 and $5,000.00 to handle the court and DMV proceedings.
If you are shopping for a DUI lawyer, ask the following questions:
Most DUI law firms offer a free consultation at their law office or over the phone. So you should take advantage of this initial consultation and ask for all the legal advice you can get. Even if you never create an attorney-client relationship with a particular attorney, any information given during the initial consultation remains privileged and confidential.
Note that legal fees do not cover any fines, court costs, or costs for an ignition interlock device you may be sentenced to when the case ends. Legal fees also do not cover any towing costs or insurance rate increases you are responsible for.
If you cannot afford a drunk driving attorney, you may be eligible for a public defender. These are attorneys employed by the government who represent criminal defendants free of charge.
However, you are encouraged to hire your own Denver DUI lawyer if at all possible. Public defenders are too overworked to devote much time to each client’s DUI offense case. They appear in court every day for literally dozens of clients, many of whom they never speak to outside of the courtroom.
Yes. When you hire a private attorney, the attorney should take all the time necessary to:
By contrast, public defenders simply do not have the time or resources to do the above. In many DUI cases,
It is not that public defenders are bad attorneys. They are overworked and understaffed – so they simply lack the ability to zealously advocate for their clients.
When you hire an experienced and principled criminal defense attorney, you can rest assured that you have the best chance to beat the criminal charges. Private attorneys are paid to devote the time and energy to put up the strongest fight possible to prevent a DUI conviction and keep your criminal record clear.
In practice, prosecutors tend to offer better plea deals to DUI defendants with private attorneys.
We represent people charged with driving under the influence throughout Colorado, including the Denver area, Greeley, Colorado Springs, Arapahoe, Aurora, and more. Our attorneys fight for the best possible outcome in your case.
We understand the stress that goes with a Colorado drugged or drunk driving arrest and its potential consequences. But your case can be challenged in both criminal court and the DMV.
At CLDG, we will devote our best efforts to obtaining the best possible result in your Colorado DUI case. Whether that means negotiating a plea agreement or fighting your case in front of a jury, we will do what is best for you.
Getting arrested for DUI/DWAI can make you feel very alone. But you are not. According to the Colorado Division of Criminal Justice, there were 17,181 DUI cases just in 2021.
To learn more about Colorado DUI, DWAI, and underage drinking and driving laws, we invite you to browse the articles on our site. Or schedule your free telephone or in-person consultation with an experienced DUI lawyer. Simply fill out the form on this page. Or call us at our Denver home office:
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330
See our related article on DUI in Colorado Springs.
Arrested in California? Learn about California DUI laws.
Arrested in Nevada? Learn about Nevada DUI laws.