Boulder DUI Defense Lawyers

DUI and DWAI convictions have serious consequences. You risk losing your driver’s license as well as gaining a criminal record, which can affect your ability to get a job or apply for a loan. Most people assume that because this is their first offense, they won’t be punished. However, depending on the amount of alcohol in your system, you can lose your driver’s license for up to nine months and end up in jail, even if it is your first offense. Facing these convictions can lead to significant penalties, making experienced representation crucial in DUI cases. If you have been arrested for DUI, you need an experienced Boulder DUI attorney on your side.

Our legal team has over 35 years of experience in the Colorado legal system, and two of our attorneys are former prosecutors. We’ve helped thousands of drivers fight DUI charges and keep their driving privileges. If you’re facing a DUI charge, call us at 303-447-1400 for a consultation.

In addition to standard DUI and DWAI charges, a DUI attorney can help you with:

• Repeated DUI or DWAI charges
• DUID charges
• Felony DUI
• License suspension and revocation
• Child endangerment
• Underage DUI
• DUI traffic-related violations
• DUI accident charges, including assault and homicide

Drunk and drugged driving is a major problem in Colorado. According to data from the Colorado Department of Transportation, nearly 700 people were killed in traffic accidents in 2021, a 50 percent increase from 2011. Additionally, accidents involving impaired driving have increased by 44 percent since 2019.

Colorado prosecutors also filed more than 26,000 DUI charges in 2019, some of which involved driving while impaired by drugs or multiple substances. According to the Colorado Department of Public Safety, 88 percent of those cases resulted in convictions.

Colorado DUI laws consider drivers age 21 and older legally drunk when their blood alcohol level is .08 or higher. In Colorado, if you drive a vehicle and have a blood alcohol level of .08 or more, you can be arrested for DUI (Driving Under the Influence). For those under the age of 21, the legal limit is even lower. If you are under 21 and your blood alcohol level is .02 or more, you may receive a DUI.

Police can charge driving under the influence (DUI) if the driver indicates the degree of alcohol or drugs in the bloodstream has substantially reduced the mental or physical capacity to operate the vehicle safely. In the case of alcohol, the legal limit for an adult in Colorado is usually determined to be .08 percent (or higher) blood alcohol content (BAC).

Driving while ability impaired (DWAI) is considered to be the lesser of the two drunk driving charges. Police can charge DWAI if they feel the alcohol or drugs render a person less able to operate a motor vehicle safely, even if only to the slightest degree. Typically, a .05 percent BAC can warrant a DWAI charge. Learn more about DUI and DWAI in Colorado.

If law enforcement pulls you over for suspected driving under the influence (DUI) in Colorado, knowing what to do is crucial to protect your rights.

1. Don’t talk to the police: You do not have to answer any of the police’s questions other than providing your driver’s license, registration, and proof of insurance. It is best to politely refuse to answer any further questions and wait until you can contact a lawyer.
2. Request a Colorado DMV hearing: You have only seven days from your arrest to request a DMV hearing if you refused a breath test. If you didn’t refuse a breath test, you have seven days from the date you get the blood test results to request a hearing. During this hearing, you can argue that the state should not suspend your license, which is a crucial step in defending against a DUI charge.
3. Retain an experienced Denver DUI lawyer: An experienced DUI lawyer can help you understand the potential consequences of a DUI conviction in Colorado, explain your legal rights, and develop the best defense strategy for your case.
4. Do not plead guilty or assume you are guilty: Contrary to what most people think, your lawyer could use DUI defense arguments in most cases.

Getting arrested for a Colorado DUI is a stressful experience, but understanding what steps to take after the arrest can help reduce some of that stress and give you a much better chance of achieving a favorable outcome.

Driving under the influence of alcohol is a serious offense in Colorado. The state has strict laws regarding alcohol use and driving, so drivers should know about these laws and understand their consequences.

• Zero Tolerance Law: Under this law, drivers under 21 can be charged with DUI even if their blood alcohol level is between 0.02 percent and 0.08 percent. Under the Zero Tolerance Law, anyone under 21 who operates a vehicle with a BAC between 0.02 percent and 0.05 percent faces automatic license revocation.
• Express Consent Law: The Express Consent Law in Colorado states that any person operating a motor vehicle automatically gives consent to be tested by a breath, blood, or urine test if requested by the police. Refusal to take the test can result in immediate license suspension and other penalties.
• Buy and Possess Law: Under this law, anyone under 21 who buys, attempts to buy, or possesses alcohol may have their driver’s license revoked. This law applies even if they are not drinking at the time they are caught with the alcohol. Additionally, those found guilty of purchasing alcohol for those under the legal drinking age can face criminal charges.

By understanding Colorado’s drinking and driving laws, drivers can ensure they are aware of the consequences they face if they choose to break them. Ignorance of the law is not an excuse, and anyone caught drinking and driving may face serious penalties.

Colorado DUI penalties are strict for individuals convicted of driving under the influence (DUI) or driving while ability impaired (DWAI). Anyone convicted of DUI must have ignition interlock devices installed on their vehicles in addition to other penalties.

For the first Colorado DUI, the offender faces a term of imprisonment in a county jail ranging from five days to one year. In addition, the offender must pay a fine of $600 to $1,000 and perform 48 to 96 hours of public service work. The offender’s license is revoked for three months, but this revocation can be for at least 30 days, followed by a suspension period for a total of six months.

For a first DWAI, the penalty includes two to 180 days in jail, $200 to $500 in fines, and 24 to 48 hours of community service.

For a second Colorado DUI or DWAI, the penalties are more severe. Offenders face a term of imprisonment in a county jail ranging from 10 days to one year, in addition to paying a fine of $600 to $1,500 and performing 48 to 120 hours of public service work.

Third-time DUI or DWAI offenders also face stiff consequences. They are subject to imprisonment in a county jail ranging from 60 days to one year and must pay a fine of $600 to $1,500 and perform 48 to 120 hours of public service work.

A fourth DUI is a Class 4 felony. The penalties include two to six years in prison, $2,000 to $500,000 in fines, and a two-year driver’s license suspension. Our firm has extensive experience in defending clients against felony DUI charges, working towards mitigating these serious consequences.

In Colorado, anyone convicted of a DUI or who refuses to submit to chemical testing must use an ignition interlock device in their vehicles. The length of time a person must use an interlock device depends on their past DUI convictions and blood alcohol content level at the time of their arrest.

First-time DUI offenders with a BAC level between 0.08 percent and 0.14 percent must use the device for eight months. Drivers with a BAC level of 0.15 percent or higher, drivers with multiple DUI convictions, and people who refuse chemical testing or are designated as persistent drunk drivers must use an interlock device for two years.

When you’re facing a Colorado DUI charge, possible defenses could be available. Depending on the facts of the case, a skilled criminal defense attorney could challenge the prosecution’s evidence and help you avoid a conviction. Potential defenses that may apply to your case include:

• Lack of Probable Cause: The police must have a reasonable suspicion of criminal activity to pull someone over. If they do not have enough evidence to support the arrest, any evidence collected after the stop may be excluded from trial.
• Improper Procedure: Your attorney may argue that the arresting officer did not follow proper procedure when apprehending you. This could include failing to read your Miranda rights or providing an invalid reason for pulling you over.
• Medical Condition: If you were suffering from a medical condition or taking certain medications during your arrest, this could be a valid defense against the charges.
• Unreliable Test Results: If the results of the breathalyzer or other tests were unreliable, this could serve as a valid defense. Examples could include results obtained from machine malfunctions or improper operation of the testing device.
• Incorrect Field Sobriety Tests: Colorado field sobriety tests are subjective and open to interpretation. If your attorney can show the officer administered the tests incorrectly or misinterpreted your results, a dismissal or reduction in charges could result.
• Mistaken Identity: If you were mistakenly identified as the driver in the DUI case, this could be a defense.
• Violation of Rights: Law enforcement officers must follow specific procedures when arresting individuals for DUI/DWAI in Colorado. If law enforcement violated your rights during the process, your lawyer could challenge your arrest and the resulting charges in court.

These are just some of the possible defenses available for DUI cases in Colorado. An experienced defense attorney knows what defenses work best in cases similar to yours. With the right legal help, you may be able to avoid a conviction and protect your future.

Most people assume they have no other option than to accept the charges against them because the prosecution can show the amount of alcohol in their blood exceeded the legal limit. This is not true. There are many ways to challenge a DUI or DWAI charge, including questioning the accuracy of the tests conducted and whether the arresting police officer handled the arrest and testing correctly.

More importantly, there may be ways we can save your driving privileges. The Boulder area is hard to get around without a car. We can help you get your driver’s license reinstated. Let us evaluate your case during a free initial consultation and inform you of whether or not you need a boulder DUI attorney.

The penalties for DUI/DWAI convictions in Colorado are quite severe, including jail time and hefty fines. However, having an experienced Boulder dui defense attorney on your side ensures your rights are protected. Here are some of the ways an experienced criminal defense attorney can help you:

• Provide guidance on which defense strategy best suits your situation. Your attorney will help you understand the applicable laws, examine the evidence against you, and develop a defense strategy that serves your interests.
• Present a strong case to reduce or drop the charges. An experienced lawyer could present a compelling defense and work to convince the court or jury to reduce or drop the charges against you.
• Negotiate with the prosecutor. A defense attorney can work with the prosecutor and negotiate a plea deal if the charges are unlikely to be dropped. They will also represent you in negotiations for probation or alternative sentencing.
• Represent you in court. A defense lawyer can provide skilled representation at trial, ensuring all evidence is presented correctly and your rights are upheld.
• Explain your options. Your lawyer will explain the options available to you and advise you on the best path for your situation.
• Utilize their extensive legal experience. A DWI lawyer will help you navigate the complexities of the legal system and advocate for your rights.

Call us at 303-447-1400 or contact us online to set up a free consultation with our Boulder criminal defense lawyers about DUI or DWAI charges.