The DUI attorneys of Colorado Legal Defense Group (CLDG) have three key objectives in every case:
- to keep you out of jail,
- to save your license, and
- to have your charges reduced or dismissed if possible.
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.
- We conduct a thorough review of the arresting officers’ background and incident report.
- We check whether law enforcement complied with standardized operating procedures.
- We examine the maintenance history of the breathalyzer.
- Where applicable, we visit the location of the DUI arrest. We conduct an independent analysis of the blood sample.
- We can even call on expert witnesses to analyze the data.
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.
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Can my case get dismissed?
Possibly. There are many potential ways to fight DUI/DWAI charges. Just five common defense strategies include:- The police administered the field sobriety tests incorrectly.
- The breath or blood testing equipment was mishandled or defective.
- Your medical condition mimicked intoxication.
- Law enforcement had no probable cause for the traffic stop.
- The sobriety checkpoint was unconstitutional.
Will I lose my license?
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.Will I go to jail?
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:- DUI,
- DWAI,
- UDD, or
- Felony DUI
1. DUI penalties
| First-time DUI or DUI per se | Misdemeanor:
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| 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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2. DWAI penalties
| 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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3. UDD penalties
| First-time UDD | Class A traffic infraction:
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| Second or subsequent UDD | Class 2 traffic misdemeanor:
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4. Penalties for DUI causing serious injury or death
| 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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How long do DUI cases take in Colorado?
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.If I do get convicted, can I get the record sealed?
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.Is DUI in Colorado a misdemeanor or a felony?
There are three ways that driving under the influence of alcohol or drugs becomes a felony:- You have three (3) prior convictions for DUI, DWAI, or UDD; or
- Your driving caused serious bodily injury (vehicular assault); or
- You caused a fatal accident (vehicular homicide)
What’s the difference between DUI and DWAI?
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.What if I was driving under the influence of marijuana?
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).What are the immigration consequences?
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.How much does it cost to hire a DUI attorney in Denver?
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.What money questions should I ask a Denver DUI attorney?
If you are shopping for a DUI lawyer, ask the following questions:- Do the criminal defense lawyers charge a retainer (upfront flat fee) or bill by the hour? (Criminal defense attorneys typically operate by retainer. One benefit of paying by a flat fee retainer is that you never have to pay extra even if the case drags on for months or longer.)
- Do the attorney’s fees include appearing at the DMV hearing? (The DMV hearing is separate from the criminal case, and it concerns only your driver’s license reinstatement of driving privileges.)
- Will it cost extra if the case goes to trial? (The vast majority of Colorado DUI/DWAI cases settle with no trial.)
- Do the attorney fees need to be paid upfront? Or are payment plans available for legal representation? If there are payment plans, what happens if a payment is past due?
What if I can’t afford an attorney?
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.Are private DUI attorneys worth the cost?
Yes. When you hire a private attorney, the attorney should take all the time necessary to:- Comb through all the evidence in search of weak links in the prosecution’s case and misconduct by law enforcement to help craft effective DUI defenses,
- Search for new evidence that is favorable to you,
- Negotiate aggressively with prosecutors in pursuit of a case reduction or dismissal, if possible,
- Communicate with you and return every phone call, text, and email, and
- Do everything possible through investigation, negotiation, and litigation to keep you from doing jail time.
- they do not even see your file until right before the arraignment,
- they do not aggressively pursue a favorable settlement, and
- they hardly ever communicate with you prior to court appearances.
