Colorado DUI & DWAI DefenseTwo cases run at once. We handle both.
A DUI or DWAI arrest in Colorado triggers two separate proceedings: a criminal case in court, and an administrative case at the Department of Motor Vehicles. A Colorado DUI lawyer who handles only one of them is not running a full defense. The two proceedings have different rules, different timelines, and different standards of proof.
Every attorney at Stuart & Ward came up through the Colorado State Public Defender's Office and has tried DUI and DWAI cases as a core part of their practice. We represent clients on both tracks: the criminal court matter and the DMV hearing that determines whether you keep your license.
If you have just been arrested, the clock to request a DMV hearing may already be running. Call us, day or night, at (303) 832-8888.
What You Are Actually Facing
Colorado prosecutes impaired-driving cases at three distinct levels. The thresholds and penalties below are statutory floors and ceilings; the actual outcome in every case depends on the facts, the evidence, and how the defense is run.
DWAI
BAC 0.05% to 0.08%, or any lesser drug impairment that affects driving. First-time DWAI is punishable by 2 to 180 days in county jail, fines from $200 to $500, license points, community service, and possible probation. All jail for a first offense can be suspended upon completion of probation.
DUI
BAC 0.08% or higher, or substantial impairment by alcohol or drugs. First-time DUI carries 5 days to 1 year in county jail, $600 to $1,000 in fines plus surcharges, license suspension, and mandatory alcohol education. A BAC of 0.20% or higher triggers a 10-day mandatory minimum, even on a first offense. All jail for a first offense where the BAC was under 0.20% can be suspended upon completion of probation.
Felony DUI
A fourth DUI or DWAI offense in Colorado is a class 4 felony. These cases move from county court to district court and carry prison exposure, larger fines, and long-term consequences for driving privileges and civil rights. However, community-based sentences with a focus on treatment are possible.
Criminal Court & the DMV
A DUI arrest sets two cases in motion at once. They run on different timelines, in front of different decision-makers, and have to be defended differently. Lawyers who treat the DMV side as an afterthought often cost their clients a license.
Criminal Court
The criminal case begins with an arraignment, moves through pretrial motions and discovery, and ends in either a plea or a trial. The standard of proof is beyond a reasonable doubt, and the consequences include jail, fines, probation, and a permanent criminal record. This case is usually the longer of the two.
DMV Hearing
The DMV's administrative process is faster and runs on a lower standard of proof. It does not result in jail, but it determines whether you can drive. To contest the administrative revocation, the driver must request a hearing within seven days. For a breath test or a refusal, that window runs from the arrest; for a blood test, it runs from when the results come back.
If you took a breath test or refused testing, you generally have seven days from the arrest date to request a hearing with the DMV to contest the administrative license revocation. If you took a blood test, that seven days runs instead from when you receive the results, which the DMV mails once the lab reports back, often weeks after the arrest. Either way, if a hearing is not requested in time, the revocation takes effect automatically and a temporary driving permit will usually not be available. Stuart & Ward handles the DMV request as part of every DUI representation.
How a Colorado DUI Lawyer Approaches Every Case
DUI prosecutions look uniform on paper and very different in practice. The defense almost always lives at one of three pressure points.
The Stop
Officers need reasonable suspicion to pull a vehicle over and probable cause to arrest. If either is lacking, a motion to suppress can keep the evidence out and the case can fall apart from there.
The Science
Breath and blood testing equipment must be properly maintained, accurately calibrated, and properly administered. Procedural failures, chain-of-custody issues, and operator error all create real openings for the defense.
The DMV
The DMV hearing has its own standard of proof and its own procedural rules. Often the difference between keeping and losing a license has nothing to do with the criminal case.
Marijuana DUI in Colorado
Driving under the influence of marijuana is treated identically to alcohol DUI under Colorado law. A conviction carries the same jail exposure, fines, license consequences, and permanent criminal record. The legal permissible inference for THC is 5 nanograms per milliliter of blood, but a driver can be charged at any THC level if the prosecution argues impairment.
In practice, marijuana DUI cases turn on factors the prosecution often glosses past: how recently the driver consumed, the method of consumption, the driver's frequency of use, and the science behind whatever blood test was done. We have successfully defended Colorado DUI-Marijuana allegations by attacking both the law and the limitations of how impairment is measured, particularly the gap between a positive blood test and actual impairment behind the wheel.
Colorado DUI & DWAI FAQ
What is the difference between DUI and DWAI in Colorado?
DUI applies when a driver's blood alcohol concentration is 0.08% or higher, or when alcohol or drugs have substantially impaired the ability to drive. DWAI applies at BACs between 0.05% and 0.08%, or with lesser drug-related impairment. DWAI carries lower penalties but still results in a criminal record.
What happens to my driver's license after a DUI arrest?
Colorado uses an "express consent" framework. After a DUI arrest, the DMV begins an administrative process to revoke the license, separate from the criminal case. Drivers generally have seven days to request a hearing to contest it. That window runs from the arrest for breath tests and refusals, but for a blood test it runs from when you receive the results, which can arrive weeks later by mail. Missing the window typically results in automatic revocation.
Can a DUI charge be dismissed?
Yes. Colorado DUI cases are dismissed or reduced for many reasons: an unlawful traffic stop, a problem with how a breath or blood test was administered, lack of probable cause for the arrest, or weaknesses in the prosecution's evidence. Early review by a defense attorney often surfaces issues that change the outcome.
How long do I have to request a DMV hearing?
It depends on which chemical test was involved. If you took a breath test, or if you refused testing, you have seven days from the date of arrest. If you took a blood test, the result can take weeks to come back, and the seven days runs from when you receive those results, which the DMV sends by a mailed Notice of Revocation. In every case, if a hearing is not requested within the window, the administrative revocation takes effect automatically. Requesting a hearing on time also typically allows a temporary driving permit until the hearing is held.
What are the penalties for a first DUI in Colorado?
A first-time DUI conviction can carry 5 days to 1 year in county jail, fines from $600 to $1,000 plus surcharges, license suspension, mandatory alcohol education classes, community service, and probation. A BAC of 0.20% or higher triggers a mandatory minimum of 10 days in jail even on a first offense.
Do I have to take a breathalyzer if I am pulled over?
Under Colorado's express consent law, by driving on Colorado roads you have agreed to submit to a chemical test if lawfully arrested for DUI. Refusing the test typically triggers an automatic one-year license revocation, separate from any criminal penalties. The roadside field sobriety test is different and is generally voluntary.
Can a Colorado DUI be sealed or expunged?
No. DUI and DWAI convictions remain on a Colorado criminal record permanently and cannot be sealed or expunged. That is one reason fighting the charge from the beginning matters: a plea entered today is a plea that will be on record decades from now.
What if I was charged with DUI of marijuana?
Marijuana DUI carries the same penalties as alcohol-related DUI under Colorado law. The legal permissible inference for THC is 5 nanograms per milliliter of blood, but a driver can be charged at any level if a prosecutor argues impairment. These cases turn heavily on the methodology behind any blood test and the officer's training in recognizing drug impairment.
“The DMV clock is short, and for many clients it is already running. The sooner we are in, the more we can do.”
Arrested for DUI or DWAI? Call Today.
Initial consultations with Stuart & Ward are free and confidential. We handle both the criminal case and the DMV hearing as part of every DUI representation.