Denver DUI Lawyer

A DUI arrest in Denver starts two cases, not one. There is the criminal case in court, and there is a separate administrative case at the Colorado DMV over your driver’s license. They run on different timelines, use different standards of proof, and are decided by different people. The DMV case moves first, and its deadline can expire before your first court date.

At DeChant Law, Denver DUI lawyer Reid DeChant handles both tracks from the day you retain him. He defends DUI, DUI per se, DWAI, DUI-drugs, felony DUI, and related impaired driving charges in Denver and across the surrounding metro counties. His results include DUI charges dismissed before trial, chemical evidence suppressed, DMV Express Consent actions dismissed, and not guilty verdicts returned by Colorado juries.

If you are looking for a DUI attorney in Denver, the sooner the evidence gets reviewed, the more options you have. Body-camera footage gets overwritten. Witnesses forget. DMV deadlines run on their own schedule regardless of what is happening in court.

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Denver DUI Charges: The Short Version

• DUI: Driving under the influence of alcohol, drugs, or both, under C.R.S. 42-4-1301.
• DUI per se: A BAC of 0.08% or higher at the time of driving or within two hours of driving.
• DWAI: Driving while ability impaired, a lesser degree of impairment than DUI. A BAC above 0.05% but below 0.08% supports a permissible inference of DWAI.
• Underage: Drivers under 21 face an Underage Drinking and Driving charge at a BAC as low as 0.02%.
• Felony DUI: A DUI, DUI per se, or DWAI becomes a class 4 felony after three or more qualifying prior convictions.
• Express consent: C.R.S. 42-4-1301.1 requires chemical testing when an officer has probable cause. Refusal triggers its own license revocation.
• DMV case: Separate from criminal court, governed by C.R.S. 42-2-126, and generally faster.
• Hearing deadline: Seven days from arrest in breath-test and refusal cases. In blood-test cases, the clock starts when the DMV mails your Notice of Revocation, and the letter states your date.

Colorado DUI and DWAI Law: What the Numbers Actually Mean

Colorado draws a hard legal line at a blood alcohol concentration of 0.08%. At or above that number, measured at the time of driving or within two hours of driving, a driver faces DUI per se. Between 0.05% and 0.08%, the evidence supports a permissible inference of Driving While Ability Impaired. The distinction matters, because DWAI carries lesser penalties on a first offense, but it is still a criminal conviction and still triggers DMV consequences.

Prosecutors are not limited to the number. A DUI charge can rest entirely on driving behavior, officer observations, roadside testing, and statements, with no chemical test at all. That is why a low BAC does not end a case, and why a high BAC does not decide one.

Drivers under 21 face a far lower threshold. A BAC between 0.02% and 0.05% supports an Underage Drinking and Driving charge, which carries its own license consequences separate from adult DUI law.

Drug DUI Works Differently

There is no per se limit for THC or other controlled substances the way there is for alcohol. Colorado instead uses a permissible inference: under C.R.S. 42-4-1301(6)(a)(IV), a blood test showing 5 nanograms or more of delta-9 THC per milliliter permits a jury to infer impairment. Permits, not requires. That is a meaningfully weaker evidentiary posture than the alcohol statute, and it is one reason Denver DUI-drugs cases are frequently more defensible on the science than a high-BAC alcohol case.

Drug cases also depend heavily on officer interpretation. Drug Recognition Evaluator protocols, field sobriety observations, and blood testing each add a link to the evidentiary chain, and each link is a place where the case can be challenged. The presence of a substance in someone’s blood does not answer the separate question of whether that person was impaired while driving.

Express Consent and Refusal

Anyone who drives in Colorado has already consented to chemical testing if an officer develops probable cause to believe they are impaired. Refusing a blood test or breath test does not make the case disappear. It changes its shape. Refusal triggers a one-year license revocation on the administrative side and can be argued to the jury as consciousness of guilt on the criminal side.

Whether to test or refuse has no clean answer in the abstract. It depends on the facts of the stop, and it is a decision most people face alone in the back of a patrol car with no time to think it through.

DUI vs. DWAI in Colorado

A reduction from DUI to DWAI can change the consequences of a case substantially, but it is not a dismissal. Whether a DWAI offer is a good outcome depends on the evidence, prior history, license exposure, professional licensing, immigration status, and what the client actually needs to protect.

Colorado DUI Penalties

Mandatory minimum jail terms can be suspended in some circumstances on a first offense, which is one of the things worth understanding before deciding whether an offer is worth taking.

The statutory ranges are the framework. The real exposure depends on where in the sequence the case falls. A first DUI offense often presents room for a resolution that minimizes jail and protects a record. A second offense brings mandatory jail and longer revocations into play. By the third offense, prosecutors negotiate far less, and a fourth escalates to felony DUI with prison on the table.

DUIs involving serious bodily injury or death are charged separately as vehicular assault or vehicular homicide, regardless of whether the driver has prior DUI convictions.

What to Do After a DUI Arrest in Denver

1. Keep every piece of paper. The summons, the temporary permit, the Express Consent Affidavit and Notice of Revocation, bond paperwork, and any testing documentation. These establish your deadlines.
2. Write down what happened while you remember it. Where you were stopped, what the officer said, what you were asked to do, which roadside tests you performed, what testing you were offered, and in what order.
3. Make sure your address is current with the DMV. This matters enormously in blood-test cases, because the Notice of Revocation comes by mail and the deadline runs from that letter. A notice sent to an old address can cost you the hearing entirely.
4. Treat the DMV process as its own emergency. Your court date does not protect your license.
5. Preserve evidence. Receipts, photos, video, texts, rideshare records, location data, and witness contact information can all matter depending on the allegations.
6. Stop talking about it. Texts, social media posts, and conversations with anyone other than your attorney can become evidence.
7. Call a Denver DUI defense lawyer. Early involvement means more time to request body-camera footage before it is purged, preserve maintenance records on the breath machine, and file the DMV hearing request correctly.

The DMV Hearing: The Fight Most Drivers Don’t Know to Wage

Colorado’s administrative revocation process runs under C.R.S. 42-2-126, entirely separate from the criminal case. How it starts depends on which test you took.

Breath test or refusal: the arresting officer takes your license at the scene and hands you an Express Consent Affidavit and Notice of Revocation, which doubles as a temporary permit. You have seven calendar days from the date of arrest to request a hearing. Miss it, and the revocation takes effect automatically. No hearing, no contest, no chance to challenge the stop or the testing on the administrative side.

Blood test: nothing happens at the scene. You keep your license while the lab works through the backlog, which in Colorado can take months. If the result comes back at 0.08% or higher, the DMV mails you an Order of Revocation, and that letter states your response date. Read it the day it arrives. This is where drivers get caught, because the arrest feels like old news by the time the envelope shows up.

The DMV Express Consent hearing is a civil administrative proceeding. The hearing officer is a DMV employee, not a judge, and the standard is preponderance of the evidence rather than beyond a reasonable doubt. The rules of evidence are relaxed. None of that makes it a formality.

The hearing is an opportunity to put the arresting officer under oath months before trial, lock in testimony, expose gaps in the stop or the testing sequence, and in some cases win outright dismissal of the revocation. DeChant Law has obtained dismissals of Express Consent actions on grounds including insufficient probable cause, unreliable roadside testing, improper Express Consent advisement, failure to complete chemical testing within the required two-hour window, and failure of the officer to appear.

What happens at that hearing carries forward. An officer who testifies one way at the DMV cannot comfortably say something different at trial without the discrepancy being used. Waiving the hearing without a strategic reason surrenders that leverage for nothing.

Even when revocation holds, the length and the path back matter. A first per se revocation generally runs nine months, with eligibility for early reinstatement on an interlock-restricted license after a one-month hard revocation and a 24-month interlock requirement on reinstatement. Refusal cases run longer and reinstate on different terms. A Denver driver’s license lawyer can work through reinstatement and interlock eligibility based on your specific record.

What Actually Gets Challenged in a Denver DUI Defense

DUI cases are not monolithic. The evidence has multiple points where it can be tested, and the outcome usually depends on how carefully each one gets examined.

The Traffic Stop

The stop must be grounded in reasonable suspicion. Weaving within a lane, driving slightly under the speed limit, or leaving a bar parking lot at 1 a.m. may create suspicion in an officer’s mind, but reasonable suspicion has a legal definition that courts enforce. A stop that fails the standard can result in suppression of everything that followed.

Field Sobriety Tests

Field sobriety tests are standardized only when administered exactly as trained. The Horizontal Gaze Nystagmus test, the Walk and Turn, and the One Leg Stand each have specific protocols. When officers deviate, the validity of the results degrades. Slope of the road, footwear, lighting, weather, physical conditions, and the officer’s own training records all become relevant.

DeChant Law obtained dismissal of a Colorado DWAI case after challenging the officer’s failure to properly administer standardized field sobriety tests, and has obtained DMV dismissals where roadside testing was shown to be unreliable enough to undercut probable cause.

Breath-Test Evidence

A number on a printout does not end the inquiry. Breath results depend on the calibration and maintenance history of the device, the certification of the operator, the observation period, and compliance with Colorado Department of Public Health and Environment regulations. DeChant Law has obtained dismissals of first-offense DUI cases after identifying problems with the operation of the Intoxilyzer 9000 and compliance with applicable breath-testing rules.

Blood-Test Evidence

Blood results depend on how the sample was drawn, preserved, transported, stored, and analyzed, on chain of custody, on laboratory accreditation, and on whether the draw was lawful in the first place. Reid also served as representative counsel in a prosecution appeal in which a Denver District Court order suppressing blood evidence was affirmed after a violation of Colorado’s express consent law.

These are not technicalities in the pejorative sense. They are the mechanisms by which the system separates reliable evidence from unreliable evidence.

Drug Impairment

Finding a substance in someone’s system is not the same as proving impairment at the time of driving. Drug DUI cases can involve prescription medications, marijuana, multiple substances, or allegations built almost entirely on officer observation. DeChant Law has obtained both dismissals and not guilty verdicts in DUI-drugs cases, including a Denver DUI-drugs charge dismissed after a motion to suppress and a Jefferson County jury acquittal in a case alleging both alcohol and marijuana.

Denver DUI Case Results from DeChant Law

Every case turns on its own facts, and past results do not guarantee a similar outcome. These illustrate the range of impaired driving matters DeChant Law has handled.

Denver First-Offense DUI Dismissed

A client charged in Denver with a first-offense DUI had the case dismissed after DeChant Law filed a motion challenging the lack of probable cause.

Denver Felony DUI: Not Guilty at Jury Trial

A client facing a felony DUI charge in Denver was found Not Guilty by a jury.

Denver DUI-Drugs Dismissed

A client charged in Denver with DUI-drugs had the charge dismissed following a motion to suppress.

Denver DUI Jury Acquittal

A client facing DUI and related traffic charges in Denver was found Not Guilty of DUI by a jury. Driving-without-a-license and driving-under-restraint charges were dismissed by the judge.

0.236 BAC With THC: Not Guilty on All Charges

A Jefferson County client faced third-offense DUI, DUI per se, and an open-container charge after being found unconscious in a running vehicle. Testing alleged a 0.236 BAC and 6.5 ng of THC. The jury returned Not Guilty on all charges.

First DUI Dismissed After Breath-Machine Challenge

A Douglas County first-offense DUI was dismissed after DeChant Law challenged the operation of the Intoxilyzer 9000 and compliance with Colorado breath-testing regulations.

DUI and Careless Driving: Four-Minute Not Guilty Verdict

An Adams County client was accused of rear-ending another vehicle on I-25 with alleged signs of impairment including odor of alcohol and slurred speech. The client refused roadside and chemical testing. The jury returned a Not Guilty verdict on all charges in approximately four minutes.

Vehicular Assault and DUI: Acquitted of the Felonies

An Adams County client faced two counts of vehicular assault and DUI after a crash causing serious bodily injury. Blood testing alleged a 0.089 BAC along with THC and amphetamines. The jury found the client Not Guilty of vehicular assault and DUI, convicting only on the lesser DWAI. The client avoided a felony conviction and a potential prison sentence.

Felony Fifth DUI: Not Guilty

An Arapahoe County client facing a felony fifth DUI was found Not Guilty at jury trial. The allegations involved a collision, a damaged wheel, a second crash, alleged flight from the scene, and refusal of roadside and chemical testing.

DMV Express Consent Actions Dismissed

DeChant Law has obtained multiple dismissals of DMV Express Consent revocations on grounds including insufficient probable cause, unreliable roadside testing, improper Express Consent advisement, failure to complete chemical testing within the applicable period, and failure of the officer to appear.

View more DeChant Law case results

Where Denver DUI Arrests Happen and Why Location Matters

Denver DUI enforcement concentrates around predictable pressure points. I-25 and I-70 generate high volumes of late-night stops. Colfax Avenue through central Denver produces impaired driving arrests year-round. After Broncos games, concerts at Ball Arena, and shows at Red Rocks, officers deploy in force around LoDo, RiNo, South Broadway, and the arteries feeding those neighborhoods.

Location matters for reasons that go past geography. The agency that made the stop determines whose body-camera footage you request, whose policies governed how the roadside tests were administered, and how quickly that footage gets purged. Jurisdiction determines which courthouse hears the case and which prosecutors handle it.

A Denver municipal or county case goes to Denver County Court at the Lindsey-Flanigan Courthouse on West Colfax, with felony matters moving to Denver District Court. A stop on I-25 through the Englewood stretch lands in Arapahoe County, heard in Centennial or Littleton. A stop near the Jefferson County line flows into the Jefferson County Courts and Administration Building in Golden, with different prosecutors and different sentencing tendencies. Adams County cases go to the Adams County Justice Center in Brighton, Douglas County cases to the Douglas County Justice Center in Castle Rock, and Broomfield cases to the Broomfield Combined Courts.

Reid has handled DUI matters in Denver, Arapahoe, Jefferson, Adams, Douglas, and Broomfield counties. That breadth is not a marketing point. It shapes how a case gets evaluated on day one and how the defense gets built from there.

DUI Cases With Special Stakes

Some Denver DUI cases carry consequences well beyond jail, fines, and revocation.

Commercial drivers. A DUI conviction in any vehicle, on or off duty, can end a career. A Denver CDL DUI lawyer has to weigh the effect on commercial driving privileges alongside the criminal exposure, because the two do not always point toward the same resolution.

Pilots. FAA reporting obligations and certificate consequences operate on their own track. A pilot license DUI case requires a strategy that accounts for the FAA and the criminal court at the same time.

Medical professionals. Physicians, nurses, and other licensed healthcare providers face board investigations and disciplinary proceedings independent of the criminal outcome. A medical license DUI lawyer factors that in when evaluating any offer.

Non-citizens. A conviction can affect visa status, green card applications, and naturalization eligibility depending on status and disposition. For immigrant DUI cases, the difference between a DUI and a DWAI reduction can matter far more than the sentence does. Immigration consequences should be evaluated before resolving the case, not after.

Out-of-state drivers. Someone arrested while visiting Colorado faces the Colorado criminal case, a Colorado DMV action, and potential reciprocal action at home. DeChant Law handles Colorado DUI charges with an out-of-state license, which requires coordinating between two licensing authorities.

Boating under the influence. Impaired operation allegations are not limited to cars, and BUI cases run under similar express consent rules. DeChant Law has obtained dismissal of a Colorado BUI case after establishing problems with the operation of the breath test. Learn more from a Denver BUI defense lawyer.

What Does a Denver DUI Lawyer Cost?

The cost of a Denver DUI attorney tracks the amount of work the case actually requires. A straightforward first offense resolved through negotiation is a different engagement than a felony DUI, a case involving a crash, or a matter that runs through contested motions and a jury trial.

Factors that move the number:

• Whether it is a first or subsequent offense
• Whether the charge is a misdemeanor or a felony
• Whether alcohol, drugs, or both are alleged
• Whether breath or blood evidence has to be challenged
• Whether the driver refused chemical testing
• Whether a DMV Express Consent hearing is required
• The volume of body-camera footage and other discovery
• Whether expert review is warranted
• Whether pretrial motions are necessary
• Whether the case goes to trial

The more useful question is what the fee actually covers. Ask whether the DMV hearing is included. Ask whether trial is included or billed separately. Ask who will be standing next to you in court. Contact DeChant Law to discuss your case and the scope and cost of representation.

Denver DUI Frequently Asked Questions

Can I be convicted if my BAC was below 0.08%?

Yes. Colorado’s DWAI statute reaches drivers between 0.05% and 0.08%, and even below 0.05% prosecutors can pursue impairment charges using driving behavior, roadside testing, officer observations, and statements. A lower number shifts the burden onto other evidence. It does not eliminate the case.

Do I have to take a roadside breathalyzer in Colorado?

The roadside Preliminary Breath Test is not the evidentiary test covered by express consent. For adults 21 and older, the PBT is voluntary, and the result is generally not admissible as proof of BAC at trial. It can still factor into the officer’s probable cause to arrest. The evidentiary breath or blood test after arrest is a different decision with different consequences, and confusing the two is common.

How long do I have to request a DMV hearing?

Seven calendar days from the date of arrest if you took a breath test or refused testing. If you took a blood test, the DMV mails you an Order of Revocation after the lab reports a result of 0.08% or higher, and that letter states your response date. Keep your address current with the DMV so the notice reaches you in time.

Can a Denver DUI be dismissed?

Yes, though dismissal is never automatic. It depends on whether legal, factual, constitutional, or evidentiary problems prevent the prosecution from proving every element. DeChant Law has obtained DUI dismissals based on lack of probable cause, improperly administered field sobriety tests, breath-testing problems, and successful suppression motions. No lawyer can promise a dismissal in any particular case.

Do I need a lawyer for a first DUI in Denver?

You are not required to hire counsel, but a first DUI is a criminal case with consequences for your license, your record, your insurance, and in many professions your job. A Denver DUI defense lawyer can test whether the stop was lawful, examine the testing evidence, handle the DMV hearing, negotiate, and try the case if that is where it needs to go.

Will I go to jail for a first DUI in Colorado?

Jail is authorized, though the outcome depends on BAC, criminal history, treatment compliance, the terms of any negotiated resolution, and the specifics of the case. High-BAC cases and repeat offenses carry additional mandatory consequences.

Can I keep driving after a DUI arrest?

It depends on whether your license was surrendered at the scene, which test you took, whether you requested a DMV hearing, and whether a temporary permit or restricted license applies. Requesting the hearing generally lets you keep driving until the hearing date. Filing or appearing in the criminal case does nothing to preserve your privileges.

What is the difference between a DUI dismissal and a reduction to DWAI?

A dismissal ends the charge. A reduction means the prosecution amends to the lesser offense in exchange for a plea, and DWAI is still a criminal conviction with its own penalties and DMV consequences. Whether an offer is worth taking depends on the strength of the evidence, prior record, and which collateral consequences matter most to that client.

Is a fourth DUI a felony in Colorado?

A DUI, DUI per se, or DWAI committed after three or more qualifying prior convictions can be charged as a class 4 felony. Felony DUI cases demand different handling because prison is a live possibility rather than a theoretical one.

Can a DUI-drugs case be dismissed?

Yes. Drug DUI cases are challenged the same way alcohol cases are, on the legality of the stop, the officer’s observations, roadside testing, drug recognition procedures, blood evidence, and whether the evidence actually establishes impairment rather than mere presence. DeChant Law has obtained both dismissals and jury acquittals in DUI-drugs cases.

What happens if I refuse a breath or blood test?

Refusal triggers a separate revocation under express consent and can be argued as evidence at trial. Refusal cases still warrant close examination, because the advisement itself, the timing, and the circumstances of the alleged refusal are all challengeable. DeChant Law has obtained DMV dismissals based on improper Express Consent advisements.

Can breath-test results be challenged?

Yes. Calibration, maintenance records, operator certification, the observation period, and compliance with Colorado testing regulations are all fair game. DeChant Law has obtained DUI dismissals after challenging Intoxilyzer 9000 issues.

How long does a Denver DUI case take?

There is no fixed timeline. A negotiated resolution may conclude in a few months. A case involving contested motions or a jury trial takes considerably longer. The DMV proceeding runs on its own faster schedule and is typically scheduled within 60 days of the hearing request.

Will a DUI stay on my record in Colorado?

Colorado provides very limited sealing options for DUI convictions compared with other offenses. Most are not eligible under current law. That permanence is a real reason to take the defense of a first offense seriously rather than treating it as something to get past quickly.

Can a DUI affect my professional license?

Yes. Pilots, commercial drivers, physicians, nurses, teachers, and other licensed professionals can face board action independent of what happens in criminal court. The significance depends on the profession, the licensing authority, and the final disposition.

What if I live in another state but got a DUI in Denver?

The Colorado criminal case still has to be resolved, and the Colorado DMV can act against your privilege to drive in Colorado even if it did not issue your license. Your home state may then act on the Colorado record. These cases usually require coordinating across both jurisdictions.

Is DUI called DWI in Colorado?

Colorado uses DUI, meaning Driving Under the Influence, and DWAI, meaning Driving While Ability Impaired. People searching for a Denver DWI lawyer are looking for representation on the charges Colorado calls DUI or DWAI. The terminology differs by state; the exposure is the same.

Talk to a Denver DUI Attorney Before Your Deadline Passes

An arrest is not a conviction. Police reports, roadside tests, breath results, blood results, and officer conclusions can all be examined, and when the facts and the law support it, they can be beaten.

Reid DeChant has defended impaired driving cases at every level of seriousness, from first-offense DWAI through DUI-drugs, repeat offenses, felony DUI, vehicular assault allegations, and DMV Express Consent proceedings. His results include charges dismissed before trial, evidence suppressed, license revocations dismissed, and not guilty verdicts returned by Colorado juries.

The seven-day DMV window does not pause while you research your options or wait to see how the criminal case develops. If you have been arrested for impaired driving in Denver or the surrounding metro area, contact DeChant Law to speak with a Denver DUI lawyer who will review what actually happened, identify which deadlines apply to your case, and tell you plainly what your options are.

Contact DeChant Law today to speak with Denver DUI attorney Reid DeChant about your case.