Denver DUI-DWI Lawyer

Getting arrested for a DUI in Denver can trigger an overwhelming mix of fear, confusion, and shame. You may be worried about losing your license, going to jail, or how this will affect your career and reputation. These are not just legal problems—they strike at your freedom and future. The stakes are high, and what you do next can impact your life for years to come. You deserve a skilled advocate who understands what you’re facing and knows how to help you fight back.

Prager Law offers experienced, strategic representation for those in need of a trusted Denver DUI lawyer. Led by Steve Prager, a former district attorney who has handled DUI cases from both sides of the courtroom, our firm is uniquely equipped to protect your rights and secure the best possible outcome. See what past clients have said and browse our case results to learn how we’ve helped others in your situation. Call 720-303-1044 or contact us online for immediate help.

DUI Defense Strategies

When facing DUI charges in Denver, having strategic defense is vital. Our comprehensive approach includes several key defense strategies:

• Police procedure analysis: We thoroughly examine every detail of your traffic stop and arrest. Even minor procedural errors can lead to evidence suppression—from questioning the initial reason for pulling you over to ensuring proper protocols were followed during field sobriety testing.
• Chemical testing challenges: We rigorously scrutinize breathalyzer calibration and maintenance records, as well as blood test chain-of-custody protocols. Identifying testing irregularities can substantially weaken the prosecution’s case.
• Field sobriety test contestation: Despite their widespread use, these tests are notoriously subjective. Physical conditions, nervousness, and environmental factors can all affect performance—even for sober individuals. We highlight administration errors and offer alternative explanations for supposed “indicators” of impairment.
• Constitutional rights protection: We ensure your rights remain protected throughout your case, identifying any government overreach from improper searches to violations of your right to counsel.
• Strategic negotiations: Our extensive experience with Denver prosecutors enables effective negotiation tactics that frequently result in reduced charges or dismissals.

Each of these defense strategies is tailored to your specific circumstances. During your initial consultation, we’ll examine the unique details of your situation to determine which approaches offer the strongest defense.

DWAI (Driving While Ability Impaired) Defense

Colorado distinguishes between DUI (typically 0.08% BAC and above) and DWAI (between 0.05% and 0.08% BAC). While DWAI carries slightly less severe penalties than DUI, it still results in serious criminal charges with severe consequences. Many mistakenly assume they’re safe if they blow under 0.08%, but DWAI charges can still result in jail time, fines, and license points.

Our DWAI defense strategies focus on challenging the subjective observations of law enforcement. Since these cases often rely heavily on officer testimony about your appearance and behavior, we meticulously examine these assessments for inconsistencies or alternative explanations. For first-time offenders, we investigate all options for minimizing consequences, including plea agreements and diversion programs that protect your record and driving privileges.

Felony DUI Defense

Colorado law imposes felony charges for fourth and subsequent DUI offenses, dramatically raising the stakes with potential prison sentences of 2-6 years. If you are facing felony DUI charges, experienced representation is absolutely necessary.

Our defense in multiple offense cases includes a comprehensive evaluation of prior convictions to identify any that may be constitutionally invalid or improperly documented. We also assess aggravating factors—such as high BAC levels, accidents, or having children in the vehicle—carefully. For clients facing these serious charges, we develop strategies aimed at sentencing alternatives, including intensive treatment programs, work release options, and in-home detention to reduce incarceration time while addressing underlying issues.

Commercial Driver DUI Defense

For commercial drivers, a DUI conviction can be career-ending. With a lower legal BAC limit (0.04%) and harsher penalties—including mandatory disqualification from operating commercial vehicles for at least one year—even a first offense in your personal vehicle is treated severely.

Our commercial driver defense strategies focus on both avoiding conviction and protecting your CDL. We understand the specialized regulations governing commercial drivers and develop defense approaches specifically designed to safeguard your livelihood. When full dismissal isn’t possible, we negotiate alternatives that minimize the impact on your commercial driving privileges, protecting both your career and financial security.

Underage DUI Defense

Colorado’s zero-tolerance approach to underage drinking and driving means drivers under 21 face severe consequences for even minimal alcohol consumption. With a BAC limit of just 0.02% for underage drivers, even one drink can lead to charges.

Our underage DUI defense focuses on protecting young drivers’ futures. We pursue diversion programs, deferred judgments, and other alternatives to prevent a permanent criminal record from a youthful mistake. Our goal is to ensure that one error in judgment does not create long-term obstacles to education, employment, or future opportunities.

Drug-Related DUI Defense

With Colorado’s legalization of marijuana, many mistakenly believe driving after using cannabis is legal. However, driving under the influence of marijuana or any drug—including prescription medications—can result in DUI charges just as serious as alcohol-related offenses.

Drug-related DUI cases present unique challenges and opportunities for defense. We challenge test results by meticulously examining testing procedures, timelines, and the scientific reliability of the methods used. For prescription medication cases, we develop defenses based on legitimate medical use and unexpected side effects. We also consult with toxicology experts when necessary to challenge assumptions regarding impairment levels and timing.

Colorado DUI Laws and Penalties

Colorado distinguishes between DUI (driving under the influence) and DWAI (driving while ability impaired). DUI typically applies when your BAC is 0.08% or higher, while DWAI applies to levels between 0.05% and 0.08%. Penalties escalate with each subsequent offense:

• First offense DUI: 5 days to 1 year in jail (though jail time may be suspended), fines ranging from $600 to $1,000, up to 96 hours of community service, and a 9-month license suspension.
• Second offense: 10 days to 1 year in jail, fines of $600-$1,500, up to 120 hours of community service, and a license suspension for 1 year.
• Third or subsequent offense: 60 days to 1 year in jail, fines of $600-$1,500, up to 120 hours of community service, and a 2-year license suspension.

Aggravating factors, such as BAC levels of 0.15% or higher, trigger a “persistent drunk driver” designation with enhanced penalties. Beyond court fines, the financial impact includes increased insurance premiums (which can sometimes triple), alcohol education costs, probation fees, and potential income loss.

The DUI Arrest Process in Denver

A typical DUI arrest begins with a traffic stop—based on a violation or sobriety checkpoint. During this interaction, officers look for signs of impairment such as slurred speech, the odor of alcohol, or bloodshot eyes.

If suspicion exists, you may be asked to perform standardized field sobriety tests and take a preliminary breath test. Following arrest, you’ll likely be transported to a police station for formal chemical testing—either breath or blood. Refusing this test triggers automatic license suspension under Colorado’s Express Consent Law.

After booking and possible detention, bail is typically set. Post-release, you face two separate proceedings: the DMV administrative process regarding your license and the criminal court process. The critical first steps include requesting a DMV hearing within 7 days, documenting everything you remember from your arrest, and contacting an experienced DUI attorney immediately—before your first court appearance.

DMV Hearings and License Suspension

The DMV administrative process is independent of your criminal case. After a DUI arrest involving a failed chemical test (BAC of 0.08% or higher) or test refusal, your license faces automatic suspension unless you request a hearing within 7 days. This critical deadline cannot be extended—missing it results in automatic suspension when the temporary permit expires.

The hearing offers an opportunity to challenge license suspension based on procedural errors, testing issues, or other discrepancies. Potential outcomes include maintaining full driving privileges (if successful), receiving a restricted license with an interlock device, or complete suspension. Even if the evidence against you seems strong, the hearing provides a valuable opportunity to cross-examine the arresting officer and gather information for your criminal case.

The Court Process for DUI Cases

1. Arraignment: Your first court appearance where charges are formally presented and you enter an initial plea.
2. Pre-trial conferences: Evidence is exchanged between the prosecution and defense, and preliminary plea negotiations commence.
3. Motions hearings: We file and argue motions to suppress evidence or dismiss charges based on legal or procedural issues.
4. Plea negotiations: Most cases resolve through carefully negotiated plea agreements that minimize penalties.
5. Trial preparation: If a favorable plea agreement isn’t possible, we thoroughly prepare for trial, including witness preparation and strategy development.
6. Trial: If necessary, your case proceeds to either a bench trial (judge only) or a jury trial.
7. Sentencing: If conviction occurs, factors considered include prior record, BAC level, cooperation with authorities, and completion of alcohol evaluation and education programs.

If your case involves complex challenges, an experienced criminal defense attorney can help safeguard your rights throughout the process.

The timeline from arraignment to resolution typically spans several months, with more complex cases taking longer. Proactive participation in alcohol evaluation and treatment programs before sentencing frequently results in a more favorable outcome by demonstrating your commitment to addressing underlying issues.

Effective DUI Defense Strategies

A successful DUI defense requires a strategic approach that challenges the prosecution’s evidence on multiple levels. Our most effective defense strategies include:

• Traffic stop legality challenges: Police must have a reasonable suspicion of a traffic violation or criminal activity before pulling you over. Without legal justification, evidence obtained may be suppressed, potentially dismissing your entire case.
• Field sobriety test scrutiny: These tests are often administered incorrectly or interpreted subjectively. We examine the testing conditions, officer training, and proper procedures to identify flaws in this evidence.
• Technical testing challenges: We investigate breathalyzer calibration and maintenance records rigorously, as these machines require regular, documented maintenance to produce reliable results. Blood testing receives similar scrutiny regarding proper collection, storage, and analysis protocols.
• “Rising BAC” defense: Since alcohol absorbs gradually, your BAC at testing might be higher than when you were actually driving—a key legal distinction that could prove crucial in your case.

Each of these strategies requires detailed investigation and expert legal knowledge. Our attorneys stay current with the latest developments in DUI defense law to ensure you receive the most effective representation.

How to Choose the Right Denver DUI Lawyer

When selecting a DUI attorney in Denver, specialized experience matters more than a general criminal defense background. Look for attorneys who focus primarily on DUI cases and understand the scientific and procedural complexities involved.

During your consultation, ask specific questions about:

• The number of DUI cases they have handled.
• Their familiarity with Denver courts and prosecutors.
• Their approach tailored to your specific case circumstances.
• Their track record with cases similar to yours.
• Their fee structure and available payment options.

Local court experience is particularly valuable. An attorney familiar with Denver judges and prosecutors understands the nuances of local court practices and can navigate the system more effectively. While cost is a factor, keep in mind that the expenses associated with a DUI conviction—including increased insurance, fines, and other penalties—often far exceed attorney fees. Consider hiring the right attorney an investment in protecting your future.

For additional legal perspective, you might consider consulting with a criminal defense lawyer.

Common Questions

Many clients facing DUI charges in Denver share similar concerns. Below are answers to some of the most frequently asked questions:

What Are the Penalties for a First DUI in Denver?

For a first-time DUI, penalties typically include 5 days to 1 year in jail (jail time may be suspended with probation), fines ranging from $600 to $1,000, up to 96 hours of community service, and a 9-month license suspension. Additional consequences include mandatory alcohol education classes, probation supervision fees, and dramatically increased insurance premiums for years.

How Long Will a DUI Stay on My Record in Colorado?

A DUI conviction remains on your criminal record permanently unless sealed or expunged—a challenge in Colorado DUI cases. On your driving record, DUI points remain for 2 years, but the DUI itself stays on your DMV record for at least 10 years and contributes toward habitual traffic offender status for 5 years. Insurance companies typically consider DUIs for 3-5 years when calculating premiums.

Should I Just Plead Guilty to My DUI Charge?

Pleading guilty without exploring your defense options is rarely advisable, even if the evidence looks strong. Many cases present defensible issues—such as improper stops, testing errors, and procedural violations—that can notably improve your case outcome. The long-term consequences of a conviction are too severe to ignore without a thorough case evaluation.

How Much Does a Denver DUI Lawyer Cost?

DUI defense costs typically range between $2,500 and $7,500, depending on various factors including case complexity, whether your case goes to trial, and the attorney’s experience. Many attorneys offer payment plans to make representation more accessible. When considering cost, remember that DUI conviction expenses (including increased insurance, fines, classes, and potential income loss) often exceed $10,000 over time.

Can a DUI Charge Be Dismissed or Reduced?

Yes, DUI charges can often be dismissed or reduced based on evidence issues, procedural errors, or negotiated plea agreements. Common grounds for dismissal include illegal stops, improper testing procedures, or chain of custody issues with blood samples. Reductions to lesser charges like DWAI or reckless driving are common when evidentiary issues exist, or for first-time offenders who successfully complete pre-sentence alcohol education.

What Happens at a DMV Hearing After a DUI?

The DMV hearing determines whether your license will be suspended based solely on the legality of your stop, the reasonableness of probable cause, and the reliability of chemical test results or refusals. The hearing officer only considers these narrow issues—not your character or driving needs. Having attorney representation at this hearing is valuable for potentially saving your license and gathering crucial information for your criminal case.

Can I Refuse a Breathalyzer Test in Colorado?

You can refuse testing, but under Colorado’s Express Consent Law, refusal results in an automatic license suspension of one year for a first-time offense, two years for a second refusal, and three years for a third refusal. Refusal may also be used as evidence of guilt in your criminal case and triggers mandatory ignition interlock requirements if convicted. The decision to refuse is complex and depends on the specific circumstances of your case.

Remember, when your future and freedom are on the line, consulting with an experienced, dedicated Denver DUI lawyer can make all the difference. Take control of your situation—reach out for expert guidance and secure the defense you deserve.

Do You Need Legal Help with Your Colorado Criminal Charges?

If you or someone you love is facing criminal charges in Colorado, don’t wait — contact the Colorado criminal defense lawyers at Prager Law today. Criminal charges are terrifying, and you deserve more than a cookie-cutter defense. At Prager Law, we provide personalized legal representation backed by real trial experience and insider knowledge of how prosecutors think.

Founding attorney Steve Prager is a former supervisor in the El Paso County District Attorney’s Office. He’s handled more than forty jury trials and trained new prosecutors — giving him rare insight into how cases are built and, more importantly, where they fall apart. That experience can be the difference between a conviction and a second chance.

Call 720-303-1044 or contact us online to discuss your case. We’ll review your situation, explain your legal options, and start building a strategic defense — one built just for you.