Can my case get dismissed?

Possibly. There are many potential ways to fight DUI/DWAI charges. Just five common defense strategies include:

1. The police administered the field sobriety tests incorrectly.
2. The breath or blood testing equipment was mishandled or defective.
3. Your medical condition mimicked intoxication.
4. Law enforcement had no probable cause for the traffic stop.
5. The sobriety checkpoint was unconstitutional.

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.

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:

1. DUI,
2. DWAI,
3. UDD, or
4. Felony DUI

1. DUI penalties

First-time DUI or DUI per se	Misdemeanor: 5 days to 1 year in jail; $600 to $1,000 in fines; 48 to 96 hours of community service; and 9-month license suspension 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: 10 days to 1 year in jail; $600 to $1,500 in fines; 48 to 120 hours of community service; 1-year license suspension; and Ignition interlock device for 2 years
Third-time DUI or DUI per se	Misdemeanor: 60 days to 1 year in jail; $600 in $1,500 in fines; 48 to 120 hours of community service; 2-year license suspension; and Ignition interlock device for 2 years
Fourth or subsequent DUI or DUI per se	Class 4 Felony: 2 to 6 years in Colorado State Prison; and/or $2,000 to $500,000 in fines

2. DWAI penalties

First-time DWAI	Misdemeanor: 2 to 180 days in jail; $200 to $500 in fines; 24 to 48 hours of community service; and 8 DMV points
Second-time DWAI	Misdemeanor: 10 days to 1 year in jail; $600 to $1,500 in fines; 48 to 120 hours of community service; 8 DMV points; and 1-year license suspension
Third-time DWAI	Misdemeanor: 60 days to 1 year in jail; $600 to $1,500 in fines; 48 to 120 hours of community service; 8 DMV points; 2-year license suspension; and 90 days of continuous alcohol monitoring if granted probation
Fourth or subsequent DWAI	Class 4 Felony:  2 to 6 years prison; and/or $2,000 to $500,000 in fines; 2-year license suspension; and 90 days of continuous alcohol monitoring if granted probation

3. UDD penalties

First-time UDD	Class A traffic infraction: $150 in fines; 24 hours of community service; 3-month license revocation; and 4 DMV points
Second or subsequent UDD	Class 2 traffic misdemeanor: 10 to 90 days in jail; $150 to $300 in fines; 48 to 120 hours of community service; 6-month license revocation; 4 DMV points; and Possibly alcohol evaluation and treatment

4. Penalties for DUI causing serious injury or death

Vehicular assault (18-3-205 C.R.S.)	Class 4 felony: 2 to 6 years in prison; and/or $2,000 to $500,000 in fines; 90 days of continuous alcohol monitoring if granted probation
Vehicular homicide (18-3-106 C.R.S.)	Class 3 felony: 4 to 12 years in prison; and/or $3,000 to $750,000 in fines; 90 days of continuous alcohol monitoring if granted probation

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:

1. You have three (3) prior convictions for DUI, DWAI, or UDD; or
2. Your driving caused serious bodily injury (vehicular assault); or
3. You caused a fatal accident (vehicular homicide)

In addition to the fines and prison time discussed above, felony DUI convictions result in a loss of gun rights.

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:

1. 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.)
2. 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.)
3. Will it cost extra if the case goes to trial? (The vast majority of Colorado DUI/DWAI cases settle with no trial.)
4. 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?

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.

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.

By contrast, public defenders simply do not have the time or resources to do the above. In many DUI cases,

• 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.

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.

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Contact Us For Help…

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.