Montrose DUI & DWAI Lawyer

Facing a DUI charge in Montrose can feel overwhelming. You may be worried about your license, your job, and your future. The Martin Law Firm understands what you’re going through. Our team, led by Brent Martin, an attorney with more than 20 years of experience, is here to help you. When you need a Colorado DUI lawyer who knows the law, the courts, and the local community, we are ready to stand by your side.

Defense for DUI and Criminal Charges in Colorado

DUI cases in Colorado move quickly. From the moment of arrest, deadlines begin. You have only seven days to request a DMV hearing to fight for your driving privileges. Without action, your license can be suspended. Penalties for a first DUI conviction may include fines, community service, probation, or even jail time. Repeat offenses carry harsher consequences, including longer probation periods, mandatory ignition interlock devices, and extended license suspensions.

Our firm builds strong defenses by examining every detail of your case. We review the traffic stop, the field sobriety tests, and any breath, blood, or urine test results. If your rights were violated during the arrest, we fight to have the evidence suppressed. Brent Martin also brings knowledge of local judges and law enforcement practices, giving you an advantage in court.

The Difference Between DUI and DWAI

Many people don’t realize that Colorado has two separate charges for drinking and driving: DUI and DWAI. The difference comes down to how much alcohol is in your system and how prosecutors prove impairment.

DUI, or Driving Under the Influence, applies when your blood alcohol content (BAC) is 0.08% or higher. It means the law assumes you are too impaired to drive safely, regardless of how you feel.

DWAI, or Driving While Ability Impaired, kicks in at lower levels. If your BAC is between 0.05% and 0.08%, you can still face charges. In these cases, the state doesn’t have to prove you were drunk—only that alcohol affected your ability to drive “to the slightest degree.”

The penalties also differ. A DUI conviction usually brings harsher fines, longer license suspensions, and more potential jail time. But don’t mistake a DWAI for a “minor” charge. Even a first-time DWAI goes on your record, raises insurance rates, and can put your job or professional license at risk.

The bottom line: whether it’s DUI or DWAI, both can disrupt your life in major ways. The Martin Law Firm has the experience to challenge the evidence, protect your license, and fight for the best possible outcome.

Understanding DUI Laws in Colorado

Colorado law defines DUI as driving with a blood alcohol content (BAC) of 0.08 or higher for drivers over 21. Drivers with BAC between 0.05 and 0.08 may face DWAI (Driving While Ability Impaired) charges. Commercial drivers face stricter limits, and drivers under 21 are subject to zero-tolerance laws, where any detectable alcohol can result in charges.

A DUI or DWAI charge can have serious short-term and long-term consequences. Short-term penalties may include fines, mandatory DUI education classes, probation, community service, and jail time. Long-term consequences often include higher auto insurance premiums, employment restrictions, social stigma, and in some cases, difficulties with educational or housing opportunities.

What to Do After a DUI Arrest

After a DUI arrest, your actions matter. Field sobriety tests, like the Horizontal Gaze Nystagmus test, are commonly used to measure impairment. These tests are not perfect, and other factors such as medical conditions or fatigue can affect results. Avoid admitting to drinking or making excuses to officers. Anything you say can be used against you in court.

Speaking as little as possible while remaining polite is recommended. Leave the legal defense to a skilled attorney. We can evaluate whether the stop and testing procedures complied with Colorado law and whether any evidence can be challenged. Acting quickly increases your chances of a favorable outcome.

Defense Strategies That Make a Difference

A strong defense begins with understanding all aspects of your arrest and charges. Defense strategies we commonly use include:

• Reviewing the legality of the traffic stop
• Challenging improper or inaccurate field sobriety tests
• Questioning the administration of breath, blood, or urine tests
• Examining officer conduct and documentation for procedural errors
• Negotiating with prosecutors to reduce charges or penalties
• Preparing a trial strategy if no plea agreement is possible

Every case is unique, and a personalized approach is vital. Brent Martin’s two decades of experience allow him to identify weaknesses in the prosecution’s case and use them to your advantage.

Civil Law Expertise Alongside Criminal Defense

In addition to criminal defense, Brent Martin practices civil law. We assist clients with:

• Breach of contract and disputes
• Civil protection orders
• Real estate issues like adverse possession or easement conflicts
• Zoning and regulatory matters

This combination of expertise allows us to approach your case with a full understanding of both legal and practical implications.

Colorado Express Consent Hearings

After a DUI arrest in Colorado, one of the most urgent steps is requesting an Express Consent Hearing through the DMV. This hearing is separate from your criminal case and determines whether you keep your driving privileges. You only have seven days from your arrest to make this request, so acting quickly is critical.

You can request the hearing online through Colorado’s DMV system or in person at a DMV office. Online, the process is straightforward: go to Driver/ID Services, select “Request a Hearing,” enter your information, and submit. You’ll receive an automatic confirmation immediately, and within 24 to 48 hours, a temporary driving permit will be issued if your license is valid. The DMV will then mail or email your official hearing date, typically scheduled within 60 days.

Requesting the Officer’s Presence

One of the most important decisions you can make at this stage is requesting that the arresting officer attend the hearing. We highly recommend doing this. By law, the officer who signed your express consent affidavit must appear if requested. Their presence allows your attorney to question them under oath about the stop, the arrest, and the testing procedures — a critical opportunity to challenge the evidence. If the officer fails to appear after being requested, your license cannot be revoked at that hearing.

Officers can also be subpoenaed if necessary, and the Martin Law Firm can guide you through this process to ensure all steps are properly followed. Failing to request a hearing — or failing to request the officer’s presence — can put you at a serious disadvantage. Our team knows the stakes and helps clients use every available tool to protect their driving privileges.

Why Choose The Martin Law Firm

Experience, attention, and accessibility are what clients value most. When working with us, you can expect:

• Free initial consultations
• Flexible payment plans
• Honest advice about your case
• Clear explanations of the legal process

Our approach focuses on protecting your rights and minimizing the impact of charges on your life.

Taking the Next Step

A DUI charge is serious, but timely action can change the outcome. The sooner you contact a lawyer, the better we can respond to deadlines, review evidence, and prepare your defense. The Martin Law Firm provides knowledgeable representation with personal attention.

Call us at (970) 730-4354 to schedule your free consultation. We are ready to help you understand your options, protect your driving privileges, and work toward the best possible result.