

A Colorado DUI, DWAI, or DUID charge can jeopardize all aspects of your life. A drunk driving charge involves both a criminal case in court and an administrative hearing with the DMV. With this much on the line, having an experienced Colorado DUI attorney can help you challenge roadside tests, officer procedures, and lab samples.
This article explains the DUI charge process from intake to outcome, giving you clear examples of how an experienced criminal defense attorney can represent you.
A DUI arrest triggers two separate cases. The criminal case determines jail time, fines, and probation. The DMV case determines your license. You can win one and still lose the other.
A DUI-related DMV case can automatically lead to license revocation, even if your DUI charge is reduced or dismissed. You are given only seven days to request a DMV hearing. Miss that window, and the revocation proceeds regardless of whether you act.
Refuse a breath or blood test and you’re facing a minimum one-year license revocation—even if you’re never convicted—and the prosecution can tell the jury you refused.
Your first criminal court date is usually weeks away (usually 30-60 days).
You can challenge test results. Colorado imposes strict requirements on breath and blood testing—observation periods, certified labs, collection and storage protocols, and timing. When those aren’t followed, we can attack the results.
Colorado charges impaired driving at two levels. A BAC of .08 or higher is a DUI, while a .05 to .07 reading is a DWAI. A DUI-Drug is charged under the DUI statute. You can be charged below .05 if the state can prove your driving was substantially impaired.
A Colorado DUI conviction can’t be sealed or expunged. It stays on your record permanently and shows up on background checks for life.
Impaired driving is a serious offense in Colorado. To prosecutors, any level of impairment shows poor judgment and endangers lives. But the law also recognizes that impairment exists on a spectrum, which is why Colorado sorts these cases into three categories based on degree.
Driving Under the Influence (DUI) is the act of driving a motor vehicle while impaired by alcohol and/or drugs, to the extent that the driver’s physical or mental ability to drive safely is substantially diminished.
Under Colorado Revised Statute 42-4-1301(1), a driver is “under the influence” when alcohol or drug consumption impairs their ability to safely operate a vehicle. Impairment can be established through:
Visible signs of erratic driving
Observable indications of intoxication
Field sobriety tests
In most cases, the prosecution builds its argument from observed evidence. But a driver’s blood alcohol concentration (BAC) of .08 or higher can also establish the charge in coordination with how you drove, how you appeared, and how you did on roadside tests.
DUI per se is a specific charge that does not require observable proof of impairment. It is based solely on the driver’s BAC measurement exceeding the legal limit and is gathered through a blood- or breath-alcohol test.
DUI and DUI per se carry the same penalties in Colorado. The important distinction between them lies in how my team will build your defense and challenge the prosecution’s evidence.
Driving While Ability Impaired (DWAI) is the lesser charge, carrying a lower BAC threshold than a DUI. In Colorado, a reading of .05 to .07 is enough to support a DWAI charge. Under Colo. Rev. Stats. 42-4-1301 (1)(g), a DWAI applies when a driver is impaired to even the slightest degree after consuming alcohol, drugs, or both. The prosecution will argue that while the driver might feel fine, that level of intoxication can still affect their peripheral vision and depth perception, making them a threat to themselves and others on the road.
A DUI-Drug (DUID) is charged under the same law as alcohol. In other words, your DUID is really a DUI or DWAI where the impairing substance is a drug rather than, or in addition to, alcohol. This includes illegal drugs, marijuana, mushrooms, prescription medications, and even over-the-counter drugs. The fact that you were legally entitled to use a substance—including medical or recreational marijuana—is not a defense.
Yes. In Colorado, driving impaired by marijuana or other substances is prosecuted under the same law as drunk driving, and it carries the same penalties. However, Colorado sets one marijuana specific threshold: if five nanograms per milliliter or more of THC is present in a blood test, a jury is permitted—but not required—to infer that you were impaired. However, the prosecution must still prove actual impairment. This threshold doesn’t apply to urine tests—just blood.
For drugs other than marijuana, Colorado has no per se limit. Thus, the state has to rely on other evidence—the officer’s observations, your driving, a drug recognition evaluation—all of which your attorney can challenge. Drug testing is also blood-based, carrying its own collection and handling requirements that can open up additional lines of scrutiny.
Colorado sets different blood alcohol concentration (BAC) thresholds depending on the driver and the charge.
BAC | Typical effects | Legal exposure |
.02 | Mild relaxation, slight loss of judgment | Under 21: UDD charge |
.05 | Lowered alertness, impaired coordination | DWAI |
.08 | Impaired reaction time, balance, and judgment | DUI |
.15+ | Significant loss of motor control | DUI, persistent drunk driver designation |
Commercial drivers are held to a higher standard than the general public due to the risks they pose. An excess BAC for a commercial driver is .04 or higher. The penalty for driving with a BAC of .04 or higher is an automatic one-year revocation of your commercial driver’s license (CDL). The penalty expands to a three-year revocation if you were transporting hazardous materials at the time of arrest.
Note: A CDL revocation is an administrative penalty assessed by the DMV regardless of whether the conviction is a DWAI or DUI.
Drivers under the age of 21 have a far lower threshold in the state’s “zero tolerance” policy toward intoxicated/impaired driving. For them, a BAC of .02 to .05 carries an “underage drinking and driving” (UDD) charge.
A fine of up to $150
Up to a three-month license suspension
Up to 24 hours of community service
Four DMV points
Minors arrested with a BAC over .05 and .08, respectively, can be charged as adults for DWAI and DUI. Underage individuals also face the same criminal and administrative penalties.
After your arrest and booking, what happens next depends on whether this is your first offense or you have prior convictions, but generally, this is what you can expect from both cases:
The summons - The officer issues a Uniform Summons and Complaint—the citation—with your first court date on it at the scene or when you’re released.
The DMV deadline - Takes place seven days after charges are issued—the separate administrative case.
First appearance or arraignment - Typically scheduled several weeks after the arrest. The court advises you of the charges and sets bond conditions. The case moves to the pretrial phase.
Discovery - Your attorney obtains the police report, body- and dash-camera footage, chemical test results, calibration records, and the observation log. Almost none of this is available before arraignment, which is why entering a plea at the first appearance is usually premature.
Pretrial conferences - The stage where your attorney meets with the prosecutor to discuss the evidence and any offers.
Motions - If there’s a problem with the stop, the arrest, or the testing, your attorney files motions to suppress evidence.
Resolution - The case ends in a plea agreement, a dismissal, or a trial. If it goes to trial, DUI cases in Colorado are tried to a jury of six (or twelve if charged with a felony DUI).
Sentencing - If you’re convicted or plead guilty, sentencing follows.
Your DUI arrest sets two separate proceedings in motion at the same time, in different places, under different rules. This means you can defeat the criminal charge and still be left without a license because most people don’t realize this until it's too late.
| Criminal case | DMV case |
Decided by | Judge or jury | DMV hearing officer |
Burden of proof | Beyond a reasonable doubt | Preponderance of evidence |
Decides | Jail, fines, probation | Your license |
Your first milestone | First court date | Seven days to request a hearing |
Most people assume a DUI means a suspension, when usually it’s actually grounds for revocation.
A suspension is temporary. Your license is withdrawn for a set period. With a suspension, as long as your license hasn’t expired, it will be reissued when your driving privileges are restored.
A revocation voids the license entirely. It can’t be reissued. When your privileges are reinstated, you must apply for a new license, meaning you have to retake both the written and driving parts of the exam, pay the fees, and satisfy any additional reinstatement conditions the DMV attaches.
The DMV’s action after a DUI arrest is a revocation, whether you tested over the limit or refused the test. A suspension is a separate mechanism, most often triggered by accumulating too many points.
When you’re arrested, the officer issues an Express Consent Affidavit and Notice of Revocation. This is the document that starts your seven-day clock with the DMV.
Requesting the hearing stops the revocation from taking effect automatically, and if you request the officer’s appearance, they must show up and testify under oath. If they don’t, the revocation goes away. If they do show up, it gives your attorney the chance to question the arresting officer about the stop, their observations, and the testing procedure under oath. This gives an attorney the chance to flag inconsistencies during the DMV hearing that can help you in your defense as the criminal case unfolds.
Offense | First | Second | Third or subsequent |
DUI or DWAI | Nine months | One year | Two years |
Underage drinking and driving (under 21) | Three months | Six months | One year |
Refusing a chemical test | One year | Two years | Three years |
Note: You can lose your driving privileges for longer if you refused the post-arrest BAC test—even if you’re acquitted of DUI, or your case gets dropped.
Two factors determine how steep your penalties become. The first is whether you’re charged with a DUI or related charge. The second is how many prior alcohol-related convictions have already been recorded against you. Here’s what each level carries in Colorado:
Yes, absent aggravating circumstances (such as serious bodily injury or the death of another). Your first three DUI, DWAI, or DUID convictions are misdemeanors, but the criminal sentence is only part of what a conviction costs.
Yes. In Colorado, every prior DUI or related conviction–regardless of what state your initial DUI conviction was in–counts toward your total penalties. So if you have one prior DWAI and you’re now charged with a DUI, you’re sentenced as a second-time offender.
This is where the distinction between a DUI and a DWAI matters less. A first DWAI is treated more leniently than a first DUI, but a second conviction is punished the same regardless.
Penalty | DWAI (1st) | DUI (1st) | DUI/DWAI (2nd) | DUI/DWAI (3rd) |
Jail | Two days to six months | 5 days to one year* | 10 days to one year | 60 days to one year |
Fines | $200–$500 | $600–$1,000 | $600–$1,500 | $600–$1,500 |
Public service | 24–48 hours | 48–96 hours | 48–120 hours | 48–120 hours |
Probation | Up to two years | Up to two years | Up to four years | Up to four years |
License revocation | — | Nine months | one year | Indefinite; may apply after two years |
Points | Eight | 12 | — | — |
Interlock | — | Varies | Two to five years | Two to five years |
Aside from jail time and fines, your DUI sentence can also involve:
An alcohol and drug evaluation
DUI education and therapy
Public service with an approved provider
Regularly monitored sobriety
Aggravating factors make an already-serious charge even worse. It’s worth checking whether any of these factors apply to your case, as they’re the ones I tend to see most:
Minor child in the vehicle - A child in your car during a suspected DUI stop can result in child abuse charges and additional penalties and issues with child custody and social services.
Driving carelessly - Impaired driving often resembles careless driving, and can be easily attached to your DUI or DWAI charge.
Driving recklessly - Intoxication can alter your emotions, making you more willing to engage in risky behavior that ultimately leads to an added charge.
Extra high BAC - At .20 or above, your first DUI carries a mandatory ten days in jail.
If your DUI involved an accident that seriously injured or killed someone, the charge becomes a felony.
Persistent drunk driver (PDD) is a designation the DMV applies to your driving record, separate from your criminal case. It can be triggered by any one of the following:
Two or more alcohol-related driving convictions or revocations
A BAC of .15 or higher, measured within two hours of driving
Refusing a chemical test after an arrest
Driving on a license already revoked for a prior alcohol offense
You have had an ignition interlock device (IID) installed and maintained for at least two years
Your SR-22 has been in your file for at least two years
State-mandated alcohol education and therapy completed.
The two most common triggers—a high BAC and a refusal—are both findings the DMV makes at your administrative hearing.
You already have three or more prior DUI/DWAI convictions, or
While driving impaired, you caused an accident that seriously injured or killed another person.
If your situation involves the latter, you’re looking at vehicular assault or vehicular homicide felony charges.
Under C.R.S. 18-3-205, vehicular assault occurs when you drive while impaired and cause serious bodily injury to another person. When alcohol or drugs are involved, it’s a strict liability offense. In other words, the prosecution doesn’t have to prove you drove recklessly or negligently, only that you were impaired and that injury resulted.
Because “serious bodily injury” is a defined legal term in Colorado, the prosecution has to show that the driving caused the injury. It’s your criminal defense attorney’s job to uncover whether another factor that could break the causal chain exists.
Under C.R.S. 18-3-106, vehicular homicide is causing a death while driving impaired. Like vehicular assault, the impaired-driving version is a strict liability offense. To convict, the prosecution must show without any reasonable doubt that you were driving under the influence and that your driving caused the death of another person. It’s the most serious impaired driving charge in Colorado and carries the longest prison exposure.
Your criminal defense attorney will have to investigate further to determine if evidence suggests there was an outside factor that severs the direct connection between your driving and the other person’s death.
Penalty | Felony DUI (3+ priors) | Vehicular assault - DUI | Vehicular homicide - DUI |
Prison | Two to six years, or community corrections | Two to six years, or community corrections | Four to 12 years, or community corrections |
Parole | Three years | Three years | Five years |
Fines | $2,000–$500,000 | $2,000–$500,000 | $3,000–$750,000 |
Probation | Up to six years | Up to six years | Up to six years |
License | Two-year revocation | One-year minimum | One-year minimum |
Monitoring | Transdermal bracelet 90 days if probation | 90 days if probation | 90 days if probation |
Weaving, drifting, or erratic speed
Slurred speech or unfocused eyes
Alcohol odor on your breath or in the car
Open or empty containers in the vehicle
Each of these is an officer’s subjective judgment, recorded after the fact in a report. In my experience, body camera and dashcam footage don’t always align with what the incident report claims. This makes the stop itself vulnerable to challenges by your defense attorney.
If you were pulled over for suspicion of drunk driving, the officer likely asked you to perform a Standard Field Sobriety Test (SFST) at the scene — the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus (HGN) test. Whether you agreed to the tests or rightfully refused them (no, you don’t have to take a field sobriety test in Colorado), that choice doesn’t decide your case. What matters now is that the prosecution will use any SFST as evidence against you.
In my experience, field sobriety tests are often unreliable. Roadside conditions, the officer’s instructions, medical issues, even your shoes and your nerves, can skew the test’s outcome. If you took one, I will look for opportunities to challenge them.
Don’t confuse the field sobriety test with the chemical test — refusing either will cost you your license, regardless of how your case turns out.
By driving in Colorado, you already gave “express consent” to chemical testing once an officer arrests you on probable cause for DUI, DWAI, DUI-Drugs, or UDD.
If your arrest involved suspected alcohol impairment, you were offered a breath or blood test. If drugs were suspected, you were likely required to give blood, though a urine sample is used in some circumstances.
If you refused testing, that decision now carries its own consequences separate from your criminal case. You’re facing a one-year license revocation even if you aren’t convicted, and the prosecution can tell the jury you refused to agree to testing.
If you agreed to testing, the results are now the focus of the prosecution’s case. Either way, my team will approach your case the same way: we’ll obtain the test records to determine whether the sample was collected, handled, and analyzed correctly.
When you drink alcohol, it’s absorbed into your bloodstream and pumped to your brain and lungs. You exhale the alcohol when you breathe.
An evidentiary breath test gauges your BAC by measuring the amount of alcohol in your breath. Your BAC can rise as quickly as 15 minutes after drinking and typically peaks about an hour later.
Colorado law enforcement agencies rely on the Intoxilyzer 9000, or I-9000, for its evidentiary breath tests. Authorities must follow strict testing guidelines for the test results to be admissible. In addition to all equipment, laboratories, and operators being certified, BAC tests must:
Include two samples measuring not more than .02 grams-per-100-milliliters apart;
Occur within two hours of driving;
Have been performed after a 20-minute “deprivation” period when the defendant could not eat, belch, regurgitate, or place anything in their mouth;
Contain “deep lung” end-breath samples;
Have been conducted while the defendant was observed;
Include signed paperwork affirming that the test was performed in full compliance with all required procedures
If alcohol from your stomach reaches your mouth—from a belch, reflux, or vomiting—the machine reads that concentrated residue instead of deep lung air, and the result can come back well above your actual BAC. The observation period exists to let mouth alcohol dissipate, and the officer is supposed to watch you for all of it. That's where challenges come from.
A defense attorney can challenge a breath result when the observation period wasn’t properly followed. I’ve challenged officers who were doing paperwork, took a call, or stepped away from the scene—you would be surprised how common this is. If the observation window was cut short, interrupted, or never documented—or if you have a condition like GERD—the breathalyzer reading may not hold up. My team will request the observation log and the officer’s timeline early in the process to determine whether the records support or undermine the results.
The test must occur within two hours of a traffic stop.
Blood must be tested by a state-certified laboratory.
Sterile equipment must be used
Trained medical professionals must collect the blood
The collection must occur in the presence of the arresting officer or supervisor
Only approved preservatives can be used
Blood must be stored correctly
Specimens must be shipped for testing within 7 days
“Positive” samples must undergo retesting with a different method
A portion of the sample must be preserved for 12 months for potential retesting by the defendant.
Usually not. In an ordinary DUI stop, they couldn’t have. If you refused a chemical test, police had no authority to physically force a blood draw—you face the consequences of refusing as covered earlier. Colorado is strict on this point.
Outside a few specific situations, officers can’t force a DUI blood test even with a warrant.
Those situations are set by statute, and work in two different ways: you refuse a chemical test, police can’t physically force a blood draw in an ordinary DUI stop, though you’ll still face the harsh consequences of refusal covered above. In limited situations, however, law enforcement can obtain a court order compelling a blood test, including when:
You are unconscious or thought to be deceased, the law directly authorizes testing
The arresting officer reason to believe you committed vehicular homicide, criminally negligent homicide, vehicular assault, or third-degree assault with a vehicle, and you refuse testing.
Blood drawn and tested without consent under these limited circumstances is admissible as evidence in court.
The answer matters more than you may think. Blood testing has one advantage over breath tests: a portion of the blood sample must be preserved for 12 months. So, if you submitted to a blood test, your attorney can have the preserved sample retested by an independent lab — meaning the state’s number isn’t the final word.
If you took a breath test, no preserved sample exists. The Breathalyzer machine provided a reading. If the reading was wrong, there’s nothing to re-examine. Your legal team will have to take a different approach to challenging the results. My team will look into whether the device was appropriately calibrated. We’ll ask for maintenance records, the officer’s certification, and information pertaining to the observation period.
Also, blood tests carry more procedural requirements than breath tests — including the personnel who took the sample, the collection protocol, and storage requirements. There are plenty of opportunities where something could have gone wrong. So we’ll investigate each step for mistakes.
A lot of people ask me after the fact whether they should have taken a blood test instead of a breath test. I don’t like to play Monday morning quarterback. What I will say is that if you work with my team, we will exhaust every avenue to challenge whatever evidence the state has.
If you were arrested for driving under the influence of drugs (DUID), you may have been asked to provide a urine sample. An evidentiary urinalysis can detect a wide range of drugs, including:
Cannabis (marijuana)
Opioids (oxycodone, heroin)
Stimulants (cocaine, crack, methamphetamine)
Barbiturates (sleep aids, “downers”)
Benzodiazepines (Valium, Ativan, Xanax, Klonopin)
All the listed drugs can impair your ability to drive. All can be detected in urine for one to three days. Marijuana and benzodiazepines may stay in your system for even longer. However, it’s important to note that a urine test detects drug consumption, but not impairment. Unlike alcohol, where a .08 blood alcohol concentration triggers a per se charge, there is no threshold that corresponds with a per se DUI drug charge.
In DUID cases, the focus is on impairment rather than the specific drug or the amount in your system. That standard makes an officer’s observations central—and their qualifications fair game.
Many patrol officers aren’t trained to distinguish drug impairment from other explanations for how someone looks or behaves. A defense attorney can challenge an officer’s conclusions by showing they lacked the training to reliably tie the observed signs to drug use.
Sometimes, departments call in a drug recognition expert (DRE), an officer with specialized training who conducts a structured evaluation and whose testimony is admissible in court. Despite a DRE’s training, the prosecution can still challenge their findings. The evaluation depends on the expert following the correct protocol and its conclusions are still an opinion, not a chemical measurement. An experienced attorney can probe whether:
The DRE was properly certified
The evaluation was done correctly
The findings actually support impairment
You may be able to apply for conditional driving privileges rather than waiting out the full revocation period. The condition is an ignition interlock device.
An ignition interlock device (IID) is a breath testing unit wired to your car’s ignition. You blow into it to start the vehicle, and it will prompt you to retest at different points while driving. A reading above the device’s threshold prevents the car from starting or logs a violation if you’re already underway.
Every event is recorded and reported to the state. Failed tests, missed retests, tampering, and skipped service appointments all generate reports, and enough of them can extend your interlock period or cost you your restricted privileges. You pay for its installation, monthly lease, and maintenance. In total, it can cost several hundred dollars a year, and you must use a state-approved vendor.
Interlock periods run from the DMV’s requirements, not the court’s sentence, so the clock is tied to your reinstatement rather than probation.
Not everyone facing DUI-related charges can apply for immediate conditional reinstatement:
If you refused a post-arrest chemical test, you must wait two months to apply for reinstatement with an IID.
If you’re 21 or younger, you must wait two years if convicted of DUI, or after refusing a BAC test.
A DUI conviction doesn’t stop mattering once your court case closes. The consequences can have lasting effects on everything from your car insurance to your current and future job prospects. These are some of the questions individuals in your position ask me about life after conviction.
Expect your premium to roughly double, as a DUI on your record raises rates more than any other traffic offense. This is because, unlike a speeding ticket, a reckless driving incident, or an at-fault accident, one DUI conviction is enough to reclassify you as a high-risk driver.
Instead of raising your rates, some carriers will cancel your policy altogether, which can leave you shopping for insurers that will charge more for less coverage. And if your license is revoked for more than six months, your original policy can lapse entirely, driving the cost higher when you go to reinstate.
An SR-22 is a certificate your insurer files with the state confirming you carry the minimum required coverage. You can’t reinstate your license without one.
The filing creates an ongoing reporting relationship between your insurer and the DMV. If your policy lapses, the insurer notifies the state, and your license is revoked again. If you’re driving on restricted privileges at the time, that lapse can also violate your probation.
Not every insurer files SR-22s. Some will drop your coverage rather than file, while others charge a filing fee on top of a premium that’s already rising.
Yes—and in some fields, automatically. A DUI conviction triggers immediate termination in professions where driving, licensing, or a clean record is a job requirement, including:
Commercial driving
Teaching
Law enforcement
Pilots
Medical professions
Pharmaceutical sales
Military positions
Private industry jobs requiring security clearance
Banking
Clergy positions
Even if your job isn’t on that list, a conviction can still cost you.
Probation often comes with court-approved driving hours, which you may have to file with the court—a restriction that can quietly make you unavailable for the shifts you’re expected to cover, or for interviews elsewhere.
No. A Colorado DUI conviction can’t be sealed or expunged. It stays on your record permanently and appears in background checks for the rest of your life. Colorado’s Ban the Box law helps somewhat: employers can’t ask about criminal history on an initial application, but a private employer can once you’ve cleared the first interview stage. Some employers, like gun retailers or government agencies, can ask from the outset.
This is the strongest practical argument for fighting a DUI charge rather than pleading it out.
Remember: an arrest is not a conviction. Law enforcement works hard to secure stiff penalties against drivers they suspect of impairment. With a knowledgeable attorney, every piece of the state’s case is open to question on specific grounds:
Your stop - The observations that justify a stop are subjective, and body-camera and dashcam footage don’t always match what the incident report claims.
Your field sobriety tests - These tests are notoriously unreliable, even when administered correctly, and small errors in how an officer gives or scores them can undermine the results.
Your breath test - Colorado’s strict testing rules—including the 20-minute observation period—create real openings when they aren’t observed.
Your blood test - Blood testing carries a long list of procedural requirements for collection, storage, and lab handling, and any break in that chain can call your results into question.
Your DMV hearing - Your attorney can subpoena the arresting officer, cross-examine them under oath, and pin down their account of the stop and testing—sometimes surfacing procedural errors that can undo the revocation entirely and assist in the criminal case’s defense.
If the evidence doesn’t hold up, your charges can be reduced or dismissed. Facing a DUI or a DWAI on your own means facing all of this without an experienced advocate who knows where these tests tend to break down.
If you’ve been arrested for impaired driving and you suspect your stop, the testing, or the evidence against you doesn’t add up, a Colorado criminal defense attorney who regularly handles these cases can give you legal clarity fast. Legal guidance is most helpful when:
The officer didn't have a valid reason to stop or arrest you
Breath or blood testing didn’t follow Colorado’s strict procedural requirements
Your BAC was near the .05 or .08 threshold, or the charge rests on drug impairment rather than a per se limit
You have a prior DUI or DWAI on your record, which escalates penalties sharply
Your DMV hearing deadline is fast approaching
At Robinson & Henry, our experienced DUI defense attorneys regularly represent Colorado drivers facing DUI, DWAI, and DUID charges. We know how these cases are built, where law enforcement and labs commonly make mistakes, and how to act quickly—before a license suspension, an ignition interlock requirement, or a permanent conviction reshapes your life. Call 303-688-0944 or book a consultation online to get started.
No, that’s actually not OK. Even if you’re below that threshold, alcohol can still diminish your ability to drive. Impairment is the key. If you’re affected by any amount of alcohol, you can still face at least a DWAI charge.
A pocket breathalyzer can give inaccurate results — especially if you got it from the same store where you bought the booze. A quality breath-testing kit can still be inaccurate due to calibration issues, medical conditions, or other factors. This is why strict standards are placed on evidentiary testing.
Colorado case law has expanded the meaning of driving to “being in control of the motor vehicle,” even if it’s not moving. You can even be charged for DUI if you’re found asleep behind the wheel, with alcohol in your system, under certain circumstances.
In Colorado, police officers only need consent to test your BAC. If you’re arrested under probable cause of DUI, police have “express consent” to test. Technically, you can refuse a post-arrest BAC test, but that could result in a long license suspension.
You cannot charm a police officer out of doing their job. If an officer has good reason to believe you’re driving drunk, they’ll arrest you. Officers are obligated to follow the law and get you off the road if they suspect DUI. Of course, if you’re courteous and respectful to the police, they’ll be courteous while arresting you.
Since 2015, felony DUI charges have been automatic when someone has already been convicted three times for DUI and/or DWAI. Furthermore, as misdemeanors go, a DUI conviction can be quite a painful “slap on the wrist.”
This is absolutely not true. Still, you should talk to a lawyer — and soon! There are a number of defense options available if you’ve been accused of DUI.
No. Coffee, cold showers, food, energy drinks, mints, and gum will not change your blood alcohol level. An evidentiary breathalyzer measures alcohol from deep lung air, so nothing you put in your mouth will mask the result. Only time lowers BAC. One factor that can affect a breath test is whether the officer followed the required 20-minute observation period before administering it.