Colorado DUI Lawyers

If you’ve been arrested for a DUI in Colorado, you’re probably scared, overwhelmed, and unsure about what to do next. You’re not alone in this. Facing a drunk driving charge can turn your life upside down, but with the right guidance and representation, you can protect your future and your rights.

As an experienced Colorado DUI attorney, I’ve helped countless clients navigate the state’s complex DUI laws, minimize the damage, and move forward after an arrest.

If you’re facing a DUI charge in Colorado, call 1-888-839-4384 or use our online contact form to speak with a top-rated Colorado DUI lawyer today!

This page will explain what happens after a DUI arrest in Colorado, outline the potential penalties, and describe how a skilled DUI lawyer in Colorado can make a critical difference in your case.

Understanding DUI Laws in Colorado

Driving under the influence (DUI) is taken very seriously in Colorado. State law prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher, or driving while impaired by drugs; whether prescription, over-the-counter, or illegal substances.

Even if your BAC is below 0.08%, you can still be charged with Driving While Ability Impaired (DWAI) if your ability to drive safely was affected to the slightest degree.

Colorado’s DUI laws are governed primarily by Colorado Revised Statutes §42-4-1301, which defines DUI, DWAI, and related offenses. Here’s what you need to know about each:

• DUI (Driving Under the Influence): You can be charged if you are substantially incapable of safely operating a vehicle due to alcohol, drugs, or both.
• DWAI (Driving While Ability Impaired): This lesser offense applies if you are affected “to the slightest degree” and your BAC is between 0.05% and 0.079%.
• DUI per se: This charge applies when your BAC is 0.08% or higher within two hours of driving, regardless of visible impairment.
• Underage DUI: Colorado has a “Zero Tolerance” policy for drivers under 21, meaning a BAC of 0.02% or higher can lead to arrest.

Even a first offense can lead to harsh consequences. That’s why it’s vital to contact a Colorado DUI lawyer as soon as possible after your arrest.

What Happens After a DUI Arrest in Colorado

After being arrested for a DUI in Colorado, you’ll face two separate proceedings:

1. The Criminal Case: This is handled in court and determines whether you are guilty and what penalties you’ll face.
2. The Administrative (DMV) Case: This process, through the Colorado Department of Revenue, concerns the suspension or revocation of your driver’s license.

These two cases are independent of each other, meaning you can win one and lose the other.

The Administrative Process

If you failed or refused a chemical test, you only have seven days from the date of your arrest to request a DMV hearing. If you don’t, your driver’s license will be automatically suspended.

During this hearing, your criminal defense attorney can challenge whether the police officer had probable cause to stop or arrest you, whether testing procedures were properly followed, and whether your rights were violated.

The Criminal Process

In the criminal case, you will be formally charged and must appear in court. Your Colorado DUI attorney will review the police report, breath or blood test results, and any dashcam or bodycam footage to build your defense.

Depending on the evidence, your lawyer may be able to negotiate reduced charges, challenge the validity of the tests, or argue for dismissal.

Penalties for a DUI in Colorado

Colorado’s DUI penalties depend on several factors, including your BAC, prior offenses, and whether there were aggravating circumstances (like an accident or injury).

Below is a general overview of the penalties for DUI convictions in Colorado:

Offense	Jail Time	Fines	License Suspension	Community Service	Other Penalties
First DUI	5 days – 1 year (may be suspended with alcohol treatment)	$600 – $1,000	9 months	48 – 96 hours	Mandatory alcohol education classes; possible ignition interlock device
Second DUI	10 days – 1 year (mandatory minimum 10 days)	$600 – $1,500	1 year	48 – 120 hours	Ignition interlock required for 2 years after license reinstatement
Third DUI	60 days – 1 year (mandatory minimum 60 days)	$600 – $1,500	2 years	48 – 120 hours	Mandatory alcohol education and ignition interlock for 2 years
Fourth DUI (Felony DUI)	2 – 6 years in prison (Class 4 Felony)	$2,000 – $500,000	2 years or longer	Court’s discretion	Mandatory probation, substance abuse treatment, felony record
First DWAI	2 – 180 days	Up to $500	8 points on driving record (no automatic suspension)	24 – 48 hours	Alcohol education classes may be required
Second DWAI	10 days – 1 year	$600 – $1,500	1 year	48 – 120 hours	Mandatory jail and ignition interlock
Aggravated DUI (BAC ≥ 0.15%)	Enhanced penalties apply	Higher fines	Longer suspension periods	56 – 120 hours	Mandatory ignition interlock, possible felony upgrade
Refusal to Test (Express Consent Violation)	None (administrative penalty)	N/A	1 year (first refusal), up to 3 years for repeat refusals	N/A	Automatic license revocation; ignition interlock for 2 years after reinstatement

Aggravating Factors That Increase DUI Penalties

Certain circumstances can make DUI penalties much more severe, including:

• High BAC: A BAC of 0.15% or higher is considered “aggravated,” even for first-time offenders.
• Refusing Chemical Testing: Refusing a breath or blood test can lead to automatic license suspension under Colorado’s express consent law (C.R.S. §42-4-1301.1).
• Accidents or Injuries: If someone was injured or killed, you could face felony charges such as vehicular assault or vehicular homicide.
• Child Passenger: Driving under the influence with a minor in the car can lead to child abuse charges.

If any of these factors apply to your case, hiring a skilled DUI lawyer in Colorado becomes even more crucial.

How Colorado’s Express Consent Law Affects You

Under Colorado’s express consent law, every driver automatically agrees to submit to a chemical test (breath, blood, or urine) if lawfully arrested for DUI. Refusing the test can have serious administrative consequences, including:

• Automatic License Revocation: 1 year for a first refusal, 2 years for a second, 3 years for a third.
• Ignition Interlock Requirement: You may be required to install an ignition interlock device for up to two years.

Refusing a test doesn’t guarantee that you’ll avoid a DUI conviction. Prosecutors can use your refusal as evidence of guilt. That’s why consulting with a Colorado DUI lawyer immediately after your arrest is essential.

The Role of a Colorado DUI Lawyer

The most important step you can take after your arrest is to hire an experienced Colorado DUI attorney. The sooner you do this, the better your chances of protecting your freedom, your license, and your future.

A knowledgeable DUI defense attorney can:

• Investigate Your Arrest: Review police reports, test results, and videos to look for constitutional or procedural errors.
• Challenge Chemical Tests: Breath and blood tests are not infallible. Errors in testing, calibration, or chain of custody can lead to evidence being thrown out.
• Negotiate with Prosecutors: Your DUI defense lawyer can often secure reduced charges or plea agreements to minimize penalties.
• Represent You at DMV Hearings: Protect your license and driving privileges.
• Prepare for Trial: If your DUI case goes to court, your attorney will fight aggressively to present your side and challenge the prosecution’s case.

An experienced DUI lawyer in Colorado doesn’t just fight charges; they protect your rights from the very beginning of the process.

Contact A Colorado DUI Attorney Near You

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