DUI Defense

Driving Under The Influence of Alcohol or Marijuana in Eagle + Garfield Counties in Colorado

DUI/DWAI/DUID Defense: What We Do For You

We have successfully handled over a thousand of these cases. Enforcement is strict and the penalties are harsh but we make sure you are treated fairly.

Colorado law prohibits a person from driving a vehicle while under the influence of alcohol or drugs or while the person’s ability to drive is impaired by alcohol or drugs. These offenses are often abbreviated as DUI and DWAI, respectively. Driving while under the influence of drugs is abbreviated as DUID.

Driving Under the Influence (DUI) means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which affects the person to a degree that he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

Driving While Ability Impaired (DWAI) is similar, except that the person is affected to the slightest degree so that the person is less able than he or she ordinarily would have been to exercise clear judgment, etc.

There are both criminal penalties (fines, imprisonment, and required public service) and administrative penalties for drunk driving. Courts impose criminal penalties, while the Colorado Department of Revenue (the Department) imposes the administrative penalties.  Administrative penalties include the suspension or revocation of a license due to the commission of certain offenses or the accumulation of sufficient points assessed for violations.

Still other consequences may follow. If alcohol or drugs are involved in an accident causing injury or death, the penalties for vehicular assault or vehicular homicide are more stringent.  Persons convicted of a third DUI or DWAI offense within 7 years also face a mandatory 5-year license revocation under the “habitual traffic offender” statute.

  • Determine the constitutional basis of the police contact/stop.
  • Determine whether evidence was properly obtained.
  • Work to preserve exculpatory (favorable) evidence.
  • Obtain all relevant discovery-reports, criminal record, and evidence from police, witnesses and chemical testing.
  • Verify whether chemical testing was properly performed and whether you were properly advised.
  • Determine whether the prosecution meets all necessary elements of the charges.
  • Determine and advise you on all possible penalties, including jail time, sentence options, license revocation or restrictions.
  • Analyze and advise regarding the feasibility of trial or plea bargain, based upon the quality of evidence.
  • Control the speed and timing of court dates to fit your circumstances.
  • Meet with the district attorney to determine the quality of evidence for and against you, along with factors that help or harm your case.
  • Appear with you at court and ensure your rights are protected.
  • If a plea bargain is reached, we prepare to argue for the most favorable sentence possible.
  • If trial is the best option, we make the prosecution try to prove its case beyond a reasonable doubt and present all admissible evidence to disprove the charges.

Driving Laws and Marijuana

DUID: Marijuana + Driving

Colorado is one of only a handful of states where recreational marijuana is legal. However, similar to alcohol, it is not legal to drive any vehicle while impaired by THC.

  • The differences between alcohol DWAI and marijuana DWAI are in the testing for either substance.
  • With marijuana, the test is for blood level of active Tetrahydrocannabinol (THC).

MIP (Minor in Possession) or MIC (Minor in Consumption)

Underage DUI, MIP Defense

  • The BAC limits for underage drivers in Colorado are lower than for adult drivers.
  • Minor drivers also face driver’s license consequences for a BAC over .02.
  • In most cases, drivers under the age of 21 face more strict consequences for violating of Colorado’s DUI laws than adults.