Aggressive Defense for DUI and DWAI Charges
A DUI arrest is a frightening and overwhelming experience. You're facing criminal charges, potential jail time, substantial fines, license suspension, and consequences that can affect your employment, your insurance rates, and your reputation. If you drive for a living, a DUI conviction could end your career. Even for first-time offenders with no prior criminal record, the consequences of a DUI conviction are severe and long-lasting.
At Neiley & Morris, we provide aggressive, strategic DUI defense throughout Western Colorado, including Telluride, Aspen, and Rifle. We understand Colorado's mountain highways, resort community DUI enforcement patterns, and the I-70 corridor where DUI arrests are particularly common. Our boutique practice ensures you receive personalized attention from experienced criminal defense attorneys who will thoroughly investigate your case, challenge the evidence against you, and fight to protect your rights and your freedom.
Colorado has several levels of impaired driving offenses, each with different elements and penalties. Understanding the charges you're facing is the first step in mounting an effective defense.
DUI (Driving Under the Influence): You can be charged with DUI if your blood alcohol content (BAC) is 0.08% or higher, or if you're substantially incapable of safely operating a vehicle due to alcohol or drugs, regardless of your BAC. DUI is the most serious impaired driving charge and carries the most severe penalties.
DUI per se: If your BAC is 0.08% or higher, you can be convicted of DUI based solely on the BAC level, even if your driving wasn't noticeably impaired. This is why challenging the accuracy and reliability of chemical test results is often crucial to DUI defense.
DWAI (Driving While Ability Impaired): DWAI is a lesser offense applying when your BAC is between 0.05% and 0.08%, or when you're impaired to the slightest degree by alcohol or drugs but not to the level of substantial incapability required for DUI. While DWAI carries less severe penalties than DUI, it's still a criminal offense with significant consequences.
UDD (Underage Drinking and Driving): Drivers under 21 can be charged with UDD if their BAC is between 0.02% and 0.05%. This is a class A traffic infraction rather than a criminal offense, but it still results in license suspension and other penalties.
DUI penalties in Colorado increase with each offense and can be enhanced based on aggravating factors. Understanding what you're facing helps you appreciate the importance of mounting a strong defense.
First DUI Offense: A first DUI is typically a misdemeanor punishable by 5 days to 1 year in jail, fines of $600-$1,000, 48-96 hours of community service, alcohol education and treatment, license revocation for 9 months (with possible early reinstatement after 1 month with an ignition interlock device), 2 years of probation, and significantly increased insurance costs. The court has discretion to impose jail time or suspend it in favor of alternative sentencing.
Second DUI Offense: A second DUI (within the lifetime of the defendant) carries 10 days to 1 year in jail (with a mandatory minimum of 10 days or 5 days jail plus 60 days electronic home monitoring), fines of $600-$1,500, 48-120 hours of community service, Level II alcohol education and treatment, license revocation for 1 year (with possible early reinstatement after 2 months with ignition interlock), and up to 4 years probation.
Third and Subsequent DUI Offenses: A third or subsequent DUI can be charged as a felony, carrying 2-6 years in prison, fines of $1,500-$750,000, license revocation for 2 years, and designation as a habitual offender. Even when charged as a misdemeanor, a third DUI carries 60 days to 1 year in jail with significant mandatory minimums.
Aggravating Factors: Penalties increase if your BAC was extremely high (0.15% or above), if you refused chemical testing, if you had a minor in the vehicle, if you caused an accident resulting in injury, or if you were driving without a valid license. These factors can result in enhanced charges, mandatory jail time, and longer license suspensions.
When you're arrested for DUI in Colorado, you face two separate proceedings: the criminal case and a DMV administrative hearing regarding your driver's license. These are independent proceedings with different standards, different issues, and different outcomes.
If you take a chemical test and your BAC is 0.08% or higher, or if you refuse chemical testing, your license will be automatically revoked. However, you have the right to request a DMV hearing to challenge this revocation. You must request this hearing within seven days of your arrest, or your license will be automatically revoked without a hearing.
At the DMV hearing, the issues are limited: whether the officer had probable cause for the arrest, whether you were properly advised of the consequences of taking or refusing the chemical test, and whether the test results showed a BAC of 0.08% or higher (or whether you refused testing). While the DMV hearing is narrower than the criminal case, winning at the DMV hearing preserves your driving privileges even if the criminal case is still pending.
We represent clients at DMV hearings, challenging the evidence and advocating for license reinstatement. Even if we cannot prevent revocation, we work to obtain early reinstatement with an interlock-restricted license, allowing you to drive for work and necessary activities while your case is pending.
Every DUI case is different, but successful DUI defense typically involves thorough investigation of the traffic stop, the arrest procedures, and the chemical testing. We scrutinize every aspect of your case looking for weaknesses, constitutional violations, and grounds for suppression of evidence or dismissal of charges.
Challenging the Traffic Stop: The Fourth Amendment protects you from unreasonable searches and seizures. A police officer must have reasonable suspicion that you've violated a traffic law or probable cause to believe you're driving impaired before stopping your vehicle. If the stop was not legally justified, all evidence obtained as a result—including field sobriety tests, chemical test results, and your statements—must be suppressed.
We carefully review the officer's stated reasons for the stop, dashcam or bodycam footage, and the circumstances surrounding the stop. Common issues include stops based on minor or questionable traffic violations used as pretexts for DUI investigation, stops based on conduct that doesn't actually constitute a traffic violation, and stops based on anonymous tips without sufficient corroboration.
Challenging Field Sobriety Tests: Field sobriety tests (FSTs) are notoriously unreliable. The standardized FSTs—horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand—were developed under specific conditions and must be administered exactly according to standardized procedures to have any validity. Many officers don't follow proper procedures, don't account for medical conditions or environmental factors affecting performance, or misinterpret the results.
FSTs are designed to detect impairment, not to measure BAC. Poor performance on FSTs can result from nervousness, fatigue, medical conditions, physical injuries, coordination issues, improper footwear, uneven surfaces, poor lighting, bad weather, or simply difficulty following the officer's instructions. We challenge FST evidence by identifying improper administration, alternative explanations for poor performance, and lack of correlation between FST results and actual impairment.
Challenging Chemical Test Results: Breath test results are not infallible. Breathalyzer machines must be properly maintained and regularly calibrated. Officers must be properly trained in operating the device. Testing procedures must be followed precisely. Many factors can affect breath test accuracy including mouth alcohol (from recent drinking, belching, or vomiting), medical conditions like GERD or diabetes, radio frequency interference, and improper calibration or maintenance of the testing device.
Blood tests are generally more accurate than breath tests, but they're not foolproof either. Blood samples must be properly drawn, preserved, and tested. Chain of custody must be maintained. The lab and technicians must follow proper testing protocols. We retain experts when necessary to challenge blood test results, identify testing errors, and explain how medical conditions or other factors may have affected test results.
Rising BAC Defense: Your BAC continues to rise for some time after you stop drinking as alcohol is absorbed into your bloodstream. It's possible that your BAC was below the legal limit while you were driving but rose above 0.08% by the time you were tested 30 minutes to 2 hours after being stopped. If we can establish when you stopped drinking and when you were driving versus when you were tested, we may be able to argue that your BAC was legal while driving even though it tested above the limit later.
Based on the evidence and circumstances of your case, we develop defense strategies tailored to achieve the best possible outcome. Potential strategies include:
Motion to Suppress Evidence: If the traffic stop was illegal, if you were arrested without probable cause, if your Miranda rights were violated, or if chemical testing was conducted improperly, we file motions to suppress evidence obtained in violation of your constitutional rights. Successful suppression motions often result in dismissal or significant reduction of charges.
Challenging the Prosecution's Case: The prosecution must prove every element of DUI beyond a reasonable doubt. We challenge the reliability of the evidence, point out inconsistencies in officer testimony, present alternative explanations for observed behavior, and create reasonable doubt about whether you were actually impaired or over the legal limit while driving.
Negotiating Reduced Charges: In some cases, negotiating a plea to a lesser charge like DWAI or reckless driving may be the best outcome. DWAI carries significantly less severe penalties than DUI and is not considered a prior offense for sentence enhancement purposes if you're later charged with DUI. Reckless driving is a traffic offense rather than an alcohol-related offense, avoiding some of the DUI-specific consequences like lengthy license revocation and alcohol education requirements.
Diversion Programs: Some jurisdictions offer deferred prosecution or diversion programs for first-time offenders. These programs typically require completion of alcohol education, treatment, community service, and a period of probation. Upon successful completion, the DUI charges are dismissed, leaving you without a conviction. We explore diversion options when available and advocate for your admission to such programs.
DUI enforcement in Western Colorado's mountain communities and along the I-70 corridor presents unique challenges and patterns that affect how we approach your defense.
I-70 Corridor Enforcement: The I-70 corridor through Garfield County and Eagle County sees aggressive DUI enforcement, particularly during peak ski season and holiday weekends. Law enforcement agencies conduct regular DUI saturation patrols and checkpoints. Being arrested on I-70 often means you're far from home, creating logistical challenges for court appearances and legal representation.
Resort Community Enforcement: Telluride and Aspen have robust nightlife and après-ski scenes, resulting in heightened DUI enforcement during tourist seasons. Local law enforcement is well-trained in DUI detection and investigation. These communities also see significant DUI enforcement at the airports servicing these resort areas.
Out-of-State Defendants: Many people arrested for DUI in Western Colorado are visitors or seasonal residents. If you live out of state, a Colorado DUI can still result in license suspension in your home state, and you may face challenges appearing for court dates, DMV hearings, and completing alcohol education requirements. We help out-of-state clients navigate these challenges, appearing in court on their behalf when possible and working with prosecutors to minimize the number of required court appearances.
Commercial Drivers: If you hold a commercial driver's license (CDL), a DUI conviction has severe consequences even if you were driving your personal vehicle. A DUI conviction results in loss of your CDL for at least one year, effectively ending your career. We understand the stakes for commercial drivers and work aggressively to avoid conviction or to negotiate resolutions that preserve CDL eligibility when possible.
Colorado's DUI laws apply to impairment by drugs (including marijuana) as well as alcohol. Drug DUI cases present unique defense challenges because there's no equivalent to the 0.08% BAC standard for drugs. For marijuana, Colorado law sets a permissible inference that you were impaired if your blood contained 5 nanograms or more of THC, but this is only an inference, not a per se violation.
Drug recognition experts (DREs) often conduct evaluations in drug DUI cases. DRE evaluations involve a 12-step protocol designed to determine whether you're impaired and what category of drug caused the impairment. However, DRE evaluations are subjective and can be challenged on multiple grounds including officer training, proper adherence to protocols, and alternative explanations for observed indicators.
We challenge drug DUI charges by questioning the reliability of DRE evaluations, challenging blood test results (which for marijuana can show THC from use days or weeks earlier rather than current impairment), and presenting evidence that you were not actually impaired at the time of driving.
If you're arrested for DUI, the actions you take immediately afterward can significantly affect your case. Here's what you should do:
Be Polite and Cooperative, But Limit What You Say: You should provide your license, registration, and proof of insurance when requested. However, you're not required to answer questions about where you've been, whether you've been drinking, or how much you've had to drink. Politely decline to answer these questions and ask to speak with an attorney.
Request a DMV Hearing Immediately: You have only seven days from the date of your arrest to request a DMV hearing. Don't delay—contact an attorney right away so we can request the hearing before the deadline passes.
Document Everything You Remember: Write down everything you remember about the traffic stop, the officer's questions, the field sobriety tests, and the chemical testing. Note what you had to drink (if anything), when you stopped drinking, what you ate, any medical conditions you have, and any other factors that might be relevant. This information is crucial for building your defense.
Preserve Evidence: If you have receipts from the bar or restaurant, credit card statements showing the time and location of your purchases, or witnesses who can testify about your condition, preserve this evidence and provide it to your attorney.
Don't Discuss Your Case: Don't post about your arrest on social media, don't discuss the case with friends or family in detail, and don't talk to anyone from the prosecutor's office or law enforcement without your attorney present. Anything you say can be used against you.
Contact an Experienced DUI Attorney: DUI defense is a specialized area requiring knowledge of constitutional law, DUI detection procedures, chemical testing methods, and DMV regulations. The earlier you involve an attorney, the better we can protect your rights and build your defense.
Beyond the criminal penalties, a DUI conviction carries numerous collateral consequences that can affect your life for years:
Employment: A DUI conviction can affect current employment, particularly if you drive for work or hold professional licenses. Many employers conduct background checks, and a DUI conviction may disqualify you from certain positions.
Insurance: A DUI conviction typically results in classification as a high-risk driver, causing your insurance premiums to increase dramatically. You may be required to carry SR-22 insurance, which is expensive and can be difficult to obtain.
Immigration: For non-citizens, a DUI conviction can have immigration consequences including affecting your ability to obtain permanent residence, renew visas, or become a naturalized citizen. Multiple DUI convictions or DUI with aggravating factors can even result in deportation.
Professional Licensing: Many professional licensing boards require disclosure of criminal convictions and may impose discipline for DUI convictions. This can affect attorneys, medical professionals, teachers, real estate agents, and others holding professional licenses.
Educational Opportunities: A DUI conviction may affect college admissions, financial aid eligibility, and professional school applications.
Travel: Some countries deny entry to people with DUI convictions. Canada, in particular, considers DUI a serious criminal offense and can deny entry to anyone with a DUI conviction.
DUI defense requires technical knowledge, investigative skill, and courtroom experience. At Neiley & Morris, we've handled hundreds of DUI cases and understand the science, the law, and the strategies that produce successful outcomes. Our boutique practice ensures you receive personalized attention from experienced attorneys who will thoroughly investigate your case and fight to protect your rights.
We understand the stress and fear that comes with a DUI arrest. We take the time to explain the process, answer your questions, and develop a defense strategy tailored to your specific situation. Whether that means filing motions to suppress evidence, challenging the reliability of chemical tests, negotiating with prosecutors for reduced charges, or taking your case to trial, we provide skilled, aggressive representation designed to achieve the best possible outcome.
If you've been arrested for DUI or DWAI in Western Colorado, time is critical. Contact Neiley & Morris today to schedule a consultation at our Telluride, Aspen, or Rifle office. We'll review the circumstances of your arrest, explain your options, and discuss how we can help you fight these charges and protect your future. Don't face DUI charges alone—let our experienced DUI defense attorneys protect your rights and your freedom.