Colorado DUI Attorney

Being charged with a DUI in Colorado is a stressful and overwhelming experience.

It could leave you worried about the consequences it may have on your reputation and future. This is particularly true if you rely heavily on your vehicle to commute to work every day or if you have a completely clean record and have never had to deal with law enforcement officers before this incident.

Fortunately, you don’t have to go up against the criminal justice system on your own. The legal team at The Martin Law Firm is ready to fight to obtain the best possible resolution to your charges.

Since 2001, our founder Brent Martin has worked to defend clients across the state, treating everyone who steps into our office with respect and dedication.

Our seasoned trial attorney has over 20 years of experience fighting for clients in Colorado courts and has represented thousands of clients in serious criminal cases.

We will not hesitate to take a case to court when necessary to help our clients resolve the charges against them.

Experience and Trial Background in Criminal Defense

Over two decades of active courtroom defense practice in Colorado state courts

Representation of thousands of individuals facing severe criminal charges since 2001

Extensive background in trial litigation and evidence evaluation

Why You Need a Colorado Defense Lawyer for a DUI Case

Police and prosecutors work hard to secure convictions for drunk driving. That’s why you need a DUI attorney who serves all of Colorado and can:

Investigate your charges to look for evidence that can support a compelling legal or factual defense

Explain your charges and the potential outcomes of your case to allow you to make informed decisions

Identify and pursue case strategies that may help you secure the best possible outcome for your charges

Vigorously contest the prosecution’s case, including moving to exclude evidence that the police may have obtained by violating your rights

Fight as hard as necessary for your rights and interests, even when that means going to trial

What Are Colorado’s DUI Laws?

Colorado’s statutes make it illegal for a person to drive a vehicle while under the influence of or impaired by alcohol, drugs, or any combination of substances.

Colorado laws recognize two distinct types of intoxicated driving offenses: driving under the influence (DUI) and driving while ability impaired (DWAI). The distinction between the two charges matters immensely for your defense strategy.

A person faces a DWAI charge when they have a blood alcohol concentration above 0.05 percent but below the standard Colorado DUI limit of 0.08 percent.

They also show signs of impairment indicating they are affected to the slightest degree, meaning they cannot safely operate a motor vehicle with normal care.

A person faces a DUI charge when they have a BAC of 0.08 percent or more, regardless of their safe driving ability, or when they display major impairment from alcohol or drugs.

Colorado considers a DUI a more serious offense than a DWAI, imposing harsher penalties for a conviction.

Is a DUI a Felony in Colorado?

People arrested for drunk or drugged driving in Colorado may ask the question, “Is a DUI a felony in Colorado?”

Prosecutors may elevate the grading of a DUI charge from a misdemeanor to a felony when a defendant’s case involves specific aggravating factors, such as the following:

The defendant has three or more prior convictions for intoxicated driving offenses, making the current charge a fourth offense

The defendant caused an accident that resulted in serious bodily injury or death to another person

Felony DUI convictions can expose defendants to much harsher penalties than misdemeanor offenses, including multi-year prison terms and substantial fines.

A DUI criminal defense attorney who serves clients across Colorado can assess your case. Based on your lawyer’s findings, they could counter a prosecutor’s argument that your incident should be tried as a felony.

What Are the DUI Penalties in Colorado?

Penalties for intoxicated driving convictions in Colorado will depend on whether a driver committed a DWAI or a DUI and the number of prior drunk or drugged driving convictions they have on their record.

Colorado DUI penalties include the following:

First DUI

From 5 days to one year in jail, a fine of up to $1,000, 12 points on one’s driving record, and a potential driver’s license revocation of nine months.

First DWAI

From 2 days to 180 days in jail, a fine of up to $500, 8 points on one’s driving record, and community service hours, though it does not cause an automatic administrative suspension for adult drivers.

Second DUI or DWAI

A mandatory minimum of 10 consecutive days up to one year in jail, a fine of up to $1,500, 12 points, and a driver’s license suspension of at least one year.

Third DUI or DWAI

A mandatory minimum of 60 consecutive days up to one year in jail, extensive supervised probation, significant fines, and a prolonged loss of driving privileges.

Offenders must undergo a comprehensive alcohol abuse assessment and participate in substance abuse treatment as ordered by the court, which typically includes Level II alcohol education and therapy.

Following an arrest for a first offense that does not involve injury, a court may offer options where a jail sentence is suspended if the individual successfully completes all probation rules.

This may involve a year or more of probation with the defendant remaining under supervision until they complete court-ordered drunk driving classes, pay fines, and attend a victim impact panel meeting.

Additional Probation Conditions

Other probation conditions may include refraining from alcohol or drug consumption, submitting to random sobriety testing, and remaining within Colorado unless obtaining court permission to travel outside the state.

Courts and the Department of Revenue also order defendants to install ignition interlock devices on their vehicles. In many cases, drivers must voluntarily install these devices as a requirement to regain early driving privileges during an administrative suspension.

Consequences of a DUI or DWAI Conviction in Colorado

DUI convictions can have other consequences beyond a criminal sentence.

For example, a conviction may increase a driver’s auto insurance costs, as insurers view these driving convictions as a sign that a driver poses a more substantial risk to the public. A conviction can also cause an individual to lose their job, especially if they drive for work or hold a commercial driver’s license.

Finally, a conviction and resulting criminal record can impose a social stigma that can complicate pursuing jobs, educational opportunities, or rental housing.

What Are Common Defenses Used in DUI Cases?

Possible defenses available to drivers facing DUI or DWAI charges in Colorado include:

Unlawful Traffic Stop

A defendant may challenge the prosecution’s case by arguing that police unlawfully stopped them or improperly extended a traffic stop without reasonable suspicion.

Unreliable Field Sobriety Testing

A driver who submits to field sobriety testing during a DUI stop may challenge the reliability of their test results by highlighting issues that affected testing, such as environmental factors like windy weather or uneven ground, or medical conditions like joint pain or inner ear infections.

Unreliable Chemical Testing

Defendants may challenge the reliability of breath or blood testing performed after a DUI arrest by highlighting issues like the officers’ failure to follow testing procedures, failure to observe the required waiting period, or the lack of calibration of testing equipment.

Unlawful Search or Questioning

Finally, a defendant may seek to exclude evidence from the prosecution’s case by showing that police conducted an unlawful search without a warrant or probable cause or questioned the defendant in custody without first advising them of their constitutional rights.

Can a DUI Be Dismissed?

If you’ve recently been arrested on suspicion of driving under the influence, one of the most important questions you may have for your defense attorney is, “Can a DUI be dismissed?” Prosecutors or the court may choose to dismiss DUI charges for various reasons, such as the following:

Lack of Evidence

A prosecutor may choose not to pursue DUI charges against a driver if they have insufficient evidence to give the prosecution a near-certainty of success at trial.

• Exclusion of Core Evidence
• Police Misconduct
• Unreasonable Delay of the Trial
• Discovery Issues

How Much Does a DUI Lawyer Cost in Colorado?

Are you asking yourself, “What is the cost of a DUI?” or “How much does a DUI lawyer cost?”

Don’t make the mistake of trying to save money on legal representation in your DUI case. Paying for high-quality counsel can save you more money, time, and hassle in the long run.

An experienced attorney can help you obtain a favorable resolution to your DUI charges that may allow you to avoid substantial fines in a criminal sentence, increased insurance costs, or loss of employment.

At The Martin Law Firm, we have a clear fee structure and will be honest with you about what you can expect throughout your case. That’s part of our commitment to treating every prospective client with honesty and respect.

Discuss Your Case with an Experienced Colorado DUI Lawyer Defense Attorney

If you’ve been charged with DUI or DWAI, get experienced legal counsel and advocacy to go through the criminal justice system and pursue a favorable outcome to your prosecution.

Contact The Martin Law Firm today at (970) 730-4354 for a confidential consultation with a DUI lawyer in Colorado to discuss your legal options for resolving your charges.