What Happens When You Get a DUI in Colorado
The full first-offense walkthrough, from the arrest to license reinstatement.
Former Prosecutor. Defending You in Denver.
Denver DUI Lawyer
If you were arrested for DUI, you need to know whether you can drive, whether you face jail, and what to do next. Call us with your DMV notice so we can check the 7-day hearing deadline.
- 7 daysto request a DMV hearing
- 21Colorado counties where Steve has handled cases
- ~2 hrsusual wait for a consult
- Freeconsultation with Steve
We defend people charged with DUI and DWAI throughout the Denver metro. You will work directly with Steve Prager, a former prosecutor who knows how the State builds its case. We explain the options the evidence supports, including when a dismissal is unlikely. Your consultation with Steve is free.
Recent DUI Case Results
Past results depend on the facts of each case and do not guarantee a similar outcome.
Prager Law — Denver DUI Lawyer
We’re Here to Defend You and Help You Move Forward
At Prager Law, we help you face a DUI charge with a clear understanding of your options and an attorney who works directly with you. You may be worried about keeping your license, getting to work, or what a conviction would mean for your future. We’ll talk through those concerns with you and explain how we can help.
We bring a former prosecutor’s perspective to your defense. Before founding Prager Law, Steve Prager prosecuted DUI cases, trained prosecutors, and wrote plea guidelines as a County Court Supervisor. We use that experience to examine the evidence against you, identify grounds to challenge the charge, and negotiate an offer that accounts for your circumstances.
Throughout your case, we’ll give you our honest assessment and explain our recommendations. You’ll understand why we believe an offer is worth considering, where we see room to push back, and what going to trial could mean for you. Call 303-483-4452 or contact us online for a free consultation with Steve. We’ll listen to what happened and help you understand where to go from here.
The DMV Case and the Court Case
A Colorado DUI Runs on Two Separate Tracks
Colorado treats your driver's license and your criminal charge as two separate matters. The court decides the criminal penalties. The Department of Revenue decides what happens to your license, and a plea bargain in court usually cannot bargain away the license penalties.
Check your notice · 7-day deadline
The DMV Track
- The deadline to request an Expressed Consent hearing is 7 calendar days after receipt or legally presumed receipt of the revocation notice. Check the date on your paperwork. A blood-test case may bring a later mailed notice. Do not wait for your court date.
- A timely request may allow an eligible driver to receive a temporary permit pending the hearing. Confirm that the DMV has issued one before relying on it.
- A first refusal carries a one-year revocation, and you must sit out at least two months before early reinstatement.
- A BAC of 0.15 or higher, or any refusal, adds the Persistent Drunk Driver designation. That means at least two years of ignition interlock, Level 2 education and treatment, and SR-22 insurance.
Starts with the summons or bond
The Court Track
- A first DUI is a misdemeanor punishable by 5 days to 1 year in jail, a $600 to $1,000 fine, and 48 to 96 hours of public service.
- A first DWAI carries 2 to 180 days in jail, a $200 to $500 fine, and 24 to 48 hours of public service.
- A DUI conviction adds 12 points to your license. A DWAI adds 8.
- With three or more prior DUI or DWAI convictions, a new charge is a class 4 felony.
Do not drive until your license is reinstated
Driving while your license is revoked can create another criminal charge. An expired revocation period does not itself reinstate your license. Arrange another ride, and ask us to check your reinstatement requirements before you drive.
From Arrest to Resolution
How a DUI Case Moves Through Denver County Court
We explain what each court date is for and what you need to do before it. A typical misdemeanor case follows the sequence below, although your court orders control the dates. Felony cases follow a different process.
- Step 01
Stop and arrest
The officer documents the stop and investigation, including any roadside or chemical testing. Save the paperwork you receive. Blood-test results may arrive later, so the evidence can still be incomplete when you first call.
- Step 02
Release
You may receive a summons or be booked and released on bond. Read the release conditions and next appearance date carefully. Tell us about any alcohol monitoring or other conditions you have been ordered to follow.
- Step 03
First appearance
Use the date, time, and courtroom on your summons or court notice. We review the charges and explain what the appearance requires. Do not assume hiring a lawyer excuses you from attending.
- Step 04
Offer and mitigation
We explain the prosecutor’s offer and whether the evidence gives us grounds to seek something better. We also present relevant steps you have taken since the arrest, such as treatment or community service. You decide whether to accept an offer after we discuss its consequences.
- Step 05
Disposition date
Before trial, the court may set a disposition hearing to address a possible agreement and trial readiness. Motions have their own deadlines under court rules and orders. We track those deadlines as the case develops.
- Step 06
Jury trial
If the case goes to trial, the prosecution must prove the charge beyond a reasonable doubt. Colorado’s usual six-month speedy-trial period runs from the not-guilty plea, subject to exclusions and extensions. We explain which deadline applies to you.
Straight Answers
Your License, Jail Risk, and the Charge Against You
You may be hoping for a dismissal or trying to work out how you will get to work. We can explain the immediate risks on the first call. An assessment of your defense takes a closer look at the evidence.
Can it be dismissed?
We need grounds to seek a dismissal
We cannot promise a dismissal on the phone. A problem with the stop, investigation, or evidence may give us grounds to challenge the charge. What we can ask for depends on the problem and how much evidence remains.
If a reduced charge is available, we explain what it would mean for you. A DWAI may carry lighter penalties than a DUI, but we still need to discuss the proposed sentence and the separate effect on your license.
Will I go to jail?
Prior offenses and BAC change the jail risk
- First offense: some first-offense jail terms can be suspended with treatment conditions. A BAC of 0.20 or higher triggers a 10-day minimum, with sentencing alternatives governed by law.
- Second offense: a conviction carries a 10-day mandatory minimum. Eligibility for alternatives depends on the law and your record, including how recently the prior offense occurred.
- Third offense: a conviction carries a 60-day mandatory minimum. Work release has specific eligibility requirements; do not assume it is available.
Will I lose my license?
Check reinstatement eligibility before driving
A first alcohol-related revocation is generally nine months, but eligible Colorado residents may seek early reinstatement with an ignition interlock. Early reinstatement and the full revocation period are different. A first refusal generally brings a one-year revocation and a two-month wait before early reinstatement.
Your driving record, age, residency, and license type can change the requirements. Bring the DMV notice so we can work through your situation. Commercial driving privileges follow separate rules.
Who We Help
Help After a First or Repeat DUI Charge
You were just charged
If this is your first arrest, the paperwork alone can be confusing. We help you separate the court case from the license issue, understand the conditions you must follow, and prepare for your first appearance.
You are calling for someone else
You can call on behalf of a spouse, family member, or employee. We can explain the process, answer initial questions about bond, and help you understand what needs attention while they arrange legal representation.
This is not the first time
Tell us about every prior case, including those outside Colorado. Your record changes the possible sentence and license requirements. We also defend felony DUI and alcohol- or drug-related vehicular assault and vehicular homicide charges.
Why Hire Prager Law
How We Challenge the Prosecution’s Case
Before defending DUI cases, Steve prosecuted them at the El Paso County District Attorney's Office. We use that experience to examine the case the State would present at trial and identify where its evidence falls short. The same weaknesses can matter in plea negotiations.
“I have analysis that I know works, and I know why it works.”
Steve Prager, former El Paso County prosecutor
1
We check what the evidence shows
An officer’s report is only part of the evidence. We compare it with the body-worn camera video and examine how the testing was done. In one case, identifying a driver’s resting nystagmus helped Steve challenge the eye-test evidence and obtain a dismissal: the eye movement had an explanation other than intoxication.
2
We give the prosecutor reasons to reconsider
Prosecutors use plea guidelines to set offers. Steve wrote those guidelines as a county court supervisor in El Paso County. When an offer does not account for weaknesses in the evidence or your circumstances, we make the case for a different one.
3
We explain what you can do to help your case
There are two parts to this work. We challenge the State’s evidence, and we document steps you have taken since the arrest. Classes, treatment, community service, or support meetings may help show the prosecutor what you are doing to address the situation. We discuss which steps fit your circumstances.
Private Lawyer, Public Defender, or Yourself
Legal Fees and the Costs of a DUI
Hiring a DUI lawyer is a cost you have to weigh alongside fines, probation, classes, insurance, and ignition interlock. We discuss what a proposed outcome would require of you, including the expense and time away from work. The length of probation and whether a fine is imposed or suspended affect what you pay.
Public defender eligibility
If you cannot afford to hire us, contact the public defender’s office about applying. The public defender’s office determines eligibility, with certain exceptions. When comparing private representation, ask what the fee covers, whether it includes the DMV matter, and who will handle your case.
Understand the work you are paying for
Taking classes on your own may help, but it does not tell you whether the prosecution can prove the charge. Our work includes investigating the evidence, challenging legal problems, and negotiating the offer. We explain how that work applies to your case before you decide whether to hire us.
Plan for the effect on your work
If you drive for a living or hold a professional license, tell us. Bring any reporting requirements or employer paperwork you have received. We need to account for those concerns when discussing your options; the effect on your job cannot be assumed from the charge alone.
What Happens When You Call
Your Consultation Is With Steve
You will speak with Steve, the DUI attorney who will handle your case. During office hours, we can usually arrange the call within about two hours, depending on court and existing appointments. After hours, our answering service helps you book the next available opening.
“You're going to talk to me, and you're gonna talk to me almost right away.”
Steve Prager
Start by telling us what happened
We set aside 30 minutes, though the call usually takes 10 to 15. You can explain what happened and ask your questions. We will also need to know:
- Is this a first, second, or third offense?
- Was there a crash, and was anyone hurt?
- Did you take a breath test or a blood test, or did you refuse?
- Which county, and when is your next court date?
Have your summons or bond paperwork and the Expressed Consent affidavit nearby if you have them.
Who you hear from after you hire us
Getting startedWe explain what to expect at the next court date and what to work on before then. You receive that guidance by email, followed by a call to talk it through.
While the case is pendingThere may be quieter weeks while we review evidence or wait for a response from the prosecutor. Keep sending us the class or treatment records we have discussed. You can call or email when you have a question.
As court approachesWe check in about once a week as a court date gets closer. Our staff may help with messages, but Steve explains the evidence and your options. As a client, you have his cell number.
Meet Steve Prager
Your DUI Attorney, Steve Prager
I'm Steve Prager, a Denver DUI lawyer and former prosecutor. At the El Paso County District Attorney's Office, I prosecuted misdemeanor DUI and domestic violence cases, led the county court domestic violence unit, and became County Court Supervisor. I trained new prosecutors and wrote the plea guidelines they used.
Today I defend people charged with DUI, DWAI, and other crimes across Colorado, including domestic violence charges in Denver. I am a fourth-generation Denver native. When we work together, my job is to explain what I see in your case, what I think the prosecution will do, and what each option means for you.
- Former El Paso County prosecutor and County Court Supervisor
- J.D., University of Denver Sturm College of Law
- B.A., University of Colorado Boulder
- Member, National College for DUI Defense
- Member, National Association of Criminal Defense Lawyers
- Case experience in 21 Colorado counties
Above and beyond my expectations
“He is very knowledgeable, having prosecutor experience, and extremely thorough in gathering facts. I felt supported by Steve as he remained in constant communication regarding my case. He will tell you the best and worst case scenario so that you know what to expect.”
JESSICA M.★★★★★
I felt confident and well-informed
“From the very beginning, he was incredibly helpful, taking the time to explain every detail and answer all of my questions. His responsiveness was outstanding he was always quick to get back to me and made me feel supported throughout the entire process.”
KYLIE H.★★★★★
Steve is responsive and hard working
“To protect my interests he provided me with a worst case scenario evaluation. When I decided to proceed with the hearing he was ready. Through his questioning, he was able to respectfully coax the truth out of each witness.”
MARSHA H.★★★★★
Frequently Asked Questions
Denver DUI Questions, Answered
These answers explain the general rules. Talk with us about how they apply to your charge, driving record, and test results.
How long do I have to request a DMV hearing after a DUI in Colorado?
The deadline is 7 calendar days after you receive, or are legally presumed to receive, the revocation notice. That may be paperwork served at arrest or a later mailed notice after a blood test. Check the notice immediately. A timely request may allow an eligible driver to receive a temporary permit pending the hearing; confirm your permit before driving.
What is the difference between DUI and DWAI in Colorado?
A BAC of 0.08 or higher within two hours of driving is DUI per se. A BAC over 0.05 and under 0.08 allows an inference that your ability to drive was impaired, which is DWAI. A DWAI carries lighter penalties and 8 points instead of 12, which is why a reduction from DUI to DWAI matters.
What should I tell you about the officer's questions and tests?
Tell us exactly what the officer asked, what you said, and which tests you performed. Roadside exercises and the formal breath or blood test have different legal rules. Refusing chemical testing can carry separate license consequences. We compare your account with the reports and video to evaluate the investigation.
Is a fourth DUI a felony in Colorado?
Yes. A DUI or DWAI with three or more qualifying prior convictions is a class 4 felony. Qualifying priors can include certain vehicular assault or homicide convictions and comparable out-of-state offenses. We need your full record to assess the charge and possible sentence.
Does Miranda get my DUI thrown out?
A missing warning does not automatically dismiss a DUI. Miranda concerns custodial interrogation; it can affect whether statements may be used when a warning was required. Other evidence may remain. We review when you were questioned, whether you were in custody, and how the prosecution plans to use the statements.
Can I keep driving for work after a DUI arrest?
An arrest alone does not answer whether you may drive. Check your license status and any temporary permit with the DMV. Early reinstatement with an ignition interlock may be available if you qualify; a refusal generally requires a two-month wait. Do not drive until you have valid driving privileges.
What happens on a second DUI in Denver?
A second DUI or DWAI conviction carries a mandatory minimum of 10 days, with a maximum of one year. The age of the prior offense affects eligibility for sentencing alternatives. License consequences are separate. We review your prior record, the current evidence, and available mitigation before discussing the likely sentence.
Areas We Serve
DUI Defense Across the Denver Metro
Our office is on Lincoln Street in Denver. We handle DUI cases in Denver County Court, throughout the metro, and in mountain and Front Range courts. Steve has handled cases and worked with prosecutors in every county listed below, though not all of those cases involved DUI charges. We discuss the plea practices in your courthouse when assessing an offer.
Adams
Arapahoe
Boulder
Broomfield
Clear Creek
Denver
Douglas
El Paso
Fremont
Gilpin
Jefferson
Larimer
Lincoln
Logan
Morgan
Park
Pueblo
Summit
Teller
Washington
Weld
Educate Yourself on Our Blog
Colorado DUI Guides
How to Get a DUI Dismissed
The evidence and procedural issues that may support a dismissal.
The Odds of Getting a DUI Dropped
What Colorado’s own numbers say about dismissals and convictions.
Talk With a Denver DUI Attorney
Talk with a Denver DUI lawyer about what happened and what comes next. We will listen, check the immediate deadlines, and explain what we need to learn about your case. Your consultation with Steve is free.
