How to Get a DUI Dismissed in Colorado

How can you get a DUI dismissed in Colorado? The best way to fight for a dismissal is by working with an experienced DUI attorney who can challenge the stop, the evidence, or the procedures used during your arrest. Dismissals often happen when the officer lacked reasonable suspicion, blood or breath test results are flawed, or your rights were violated. At Prager Law, we build tailored defense strategies designed to expose weaknesses in the prosecution’s case and protect your future.

Being charged with a DUI in Colorado can be a life-altering experience with potentially devastating consequences. For many individuals wondering how to get a DUI dismissed in Colorado, understanding your options is crucial.

A conviction may lead to jail time, substantial fines, license suspension, mandatory alcohol education, and a criminal record that follows you for years. Beyond the legal penalties, a DUI conviction can impact your employment opportunities, insurance rates, professional licenses, and even housing applications. However, being charged with a DUI doesn’t automatically mean you’ll be convicted—there are legitimate legal strategies that might lead to your charges being reduced or dismissed entirely.

While Colorado takes DUI offenses seriously, prosecutors must prove your guilt beyond a reasonable doubt and must do so while respecting your constitutional rights and following proper procedures. Any substantial deviation from these requirements could create an opportunity for dismissal.

Related Read: Odds of Getting DUI Dropped in Colorado: What Are My Chances?

Understanding Colorado DUI Laws and Potential Defenses

Colorado distinguishes between different levels of impaired driving offenses. Driving While Ability Impaired (DWAI) applies when your ability to drive is affected to the slightest degree by alcohol or drugs, typically with a Blood Alcohol Content (BAC) of 0.05% to 0.08%. A standard DUI occurs when you’re substantially incapable of safely operating a vehicle due to alcohol or drugs, or if your BAC is 0.08% or higher (per se DUI).

For most adult drivers, the legal BAC limit is 0.08%. However, commercial drivers face a stricter 0.04% limit, and drivers under 21 can be charged under zero-tolerance laws with a BAC of just 0.02%.

When charged with a DUI in Colorado, you face two separate proceedings:

1. A criminal case in court
2. An administrative case with the Department of Motor Vehicles (DMV)

Even if your criminal case is dismissed, you must still address the administrative process to protect your driving privileges. This DMV hearing must be requested within 7 days of your arrest, making it vital to act quickly after being charged.

First-time offenders often assume accepting a conviction is their only option, but this approach can have lasting consequences. Even a first DUI conviction in Colorado can result in:

• Up to one year in jail
• Fines between $600 and $1,000
• 96 hours of community service
• Alcohol education and treatment
• License suspension for 9 months
• Possible ignition interlock requirements

Understanding these penalties provides perspective on why fighting a DUI charge is often worthwhile. The financial costs alone can extend far beyond the initial fines when you factor in increased insurance premiums and potential lost income. These penalties increase markedly for subsequent offenses, making it critical to fight even a first-time charge whenever possible.

Challenging the Traffic Stop and Police Procedures

One of the most common and effective defenses in DUI cases involves challenging the legality of the initial traffic stop. Under the Fourth Amendment to the U.S. Constitution, police officers must have reasonable suspicion that you’ve committed a traffic violation or crime before pulling you over.

In Colorado, reasonable suspicion requires specific, articulable facts—not just a hunch. If an officer stopped you without valid reasonable suspicion (for instance, based on your race or the neighborhood you were in), any evidence obtained after the stop—including field sobriety tests and chemical tests—may be inadmissible.

Similarly, officers must properly advise you of your Miranda rights before custodial interrogation. If they failed to do so, statements you made might be excluded from evidence.

Standard Field Sobriety Tests (SFSTs) must be administered according to protocols established by the National Highway Traffic Safety Administration. Common tests include:

• Horizontal gaze nystagmus test
• Walk-and-turn test
• One-leg stand test

Officers often make mistakes in giving instructions or interpreting results. Various factors can affect performance on these tests, including:

• Physical disabilities or injuries
• Neurological conditions
• Age and weight
• Footwear and uneven testing surfaces
• Anxiety and nervousness
• Weather conditions

These factors are especially important to document immediately after your arrest. Your performance on these tests should be evaluated in the context of your individual circumstances, not against an idealized standard. Many defendants are surprised to learn that even sober individuals often struggle to perform these tests perfectly. A skilled defense attorney will carefully review body camera footage, police reports, and other evidence to identify procedural errors that could lead to dismissal. For example, in one Colorado case, charges were dismissed when footage revealed an officer incorrectly demonstrated the walk-and-turn test, invalidating the results.

Contesting Chemical Test Evidence

Colorado’s express consent law requires drivers to submit to chemical testing when properly requested by an officer who has probable cause to suspect impaired driving. Refusing testing triggers automatic license revocation, but even if you did submit to testing, the results can be challenged on several grounds.

Breathalyzer devices require regular maintenance, calibration, and certification. Officers administering the tests must be properly trained and certified as well. Records of maintenance and calibration can reveal irregularities that might invalidate test results. For example, if a device wasn’t calibrated within the required timeframe, results may be deemed unreliable.

Blood tests face similar scrutiny. Proper drawing procedures must be followed, typically by qualified medical personnel. The sample must be stored correctly and tested according to established protocols. Any break in the chain of custody—documenting who handled the sample and when—can create reasonable doubt about the reliability of the results.

Several medical conditions and substances can affect BAC readings:

• Gastroesophageal reflux disease (GERD)
• Diabetes and hypoglycemia
• Certain diets like keto or high-protein
• Medications containing alcohol
• Mouthwash and breath fresheners

The “rising BAC” defense can also be effective. This defense argues that your BAC was below the legal limit while driving but rose to above the limit by the time testing occurred. This challenges the prosecution’s ability to prove you were over the limit while actually driving.

Another potential defense involves challenging the accuracy of retrograde extrapolation—the method used to estimate your BAC at the time of driving based on a test taken later. This scientific process relies on numerous assumptions that may not apply to your specific physiology or circumstances.

Working with a DUI Defense Attorney to Build Your Case

When facing DUI charges in Colorado, securing experienced legal representation promptly is necessary. Consulting with a Denver DUI lawyer can be a crucial first step to ensuring that your rights are protected.

During your initial consultation, ask pointed questions about:

• Their specific experience with DUI cases in your county
• Their familiarity with the judges and prosecutors who will handle your case
• Their success rate in getting DUI charges dismissed or reduced
• Their approach to your specific case

These questions will help you gauge not only the attorney’s expertise but also their communication style and whether they’ll be a good fit for your needs. Remember that you’re entrusting this person with a case that could substantially impact your future, so take time to find someone you’re comfortable working with. A qualified attorney will conduct a thorough investigation of your case, which may include:

• Reviewing police reports and video footage
• Interviewing witnesses
• Consulting with expert witnesses
• Examining maintenance records for testing equipment
• Analyzing medical records if relevant

Your attorney will identify potential grounds for dismissal specific to your case. These might include violations of your constitutional rights, improper police procedures, or problems with evidence collection and testing.

The DMV hearing represents a critical early opportunity in your case. This administrative proceeding is separate from your criminal case and focuses solely on your driving privileges. Even if you ultimately lose your criminal case, success at the DMV hearing can protect your ability to drive. Your attorney can represent you at this hearing, cross-examine the arresting officer, and potentially gather valuable information that will help in your criminal defense.

Alternative Strategies When Full Dismissal Isn’t Possible

If full dismissal isn’t achievable, your attorney may pursue alternative strategies to minimize the impact of the charges. One common approach is negotiating a plea to a lesser offense, such as a “wet reckless” (reckless driving involving alcohol), which carries fewer penalties and less stigma than a DUI conviction.

Colorado offers deferred judgment and sentence options for some first-time offenders. Under this arrangement, you plead guilty, but the court defers entering the conviction. If you successfully complete a probationary period and meet all requirements (such as alcohol education, community service, and staying out of trouble), the charges may be dismissed.

Diversion programs represent another alternative. These programs typically involve education, treatment, and community service in exchange for dismissal or reduction of charges upon successful completion. Many Colorado judicial districts have implemented specific DUI diversion programs designed to address the underlying issues that contribute to impaired driving.

Even when a conviction can’t be avoided, an experienced attorney can often negotiate to minimize penalties and protect your driving privileges through:

• Reduced jail time or alternatives like in-home detention
• Work release programs that allow you to maintain employment
• Early reinstatement of driving privileges with an ignition interlock device
• Reduced probation terms or non-supervised probation

The ignition interlock device, while inconvenient, allows many DUI offenders to continue driving legally during what would otherwise be a suspension period.

Looking to the future, it’s important to note that Colorado law does not provide for the expungement of criminal charges and convictions, including DUIs. However, after a period of time, you may be able to ask the court to seal certain records under specific circumstances. While Colorado does not allow for expungement or sealing of DUI convictions, addressing the conviction properly with legal assistance may help minimize its long-term impact on employment and housing opportunities. Since Colorado does not allow for expungement or sealing of DUI records, working with an experienced attorney to minimize the initial consequences of a DUI charge is particularly important.

If you’re facing DUI charges, remember that the strongest defense begins immediately after arrest. Preserving evidence, seeking qualified legal help, and understanding your rights can greatly impact the outcome of your case and potentially lead to the dismissal of the charges against you. Additionally, consulting with a Denver DUI attorney might further strengthen your defense strategy.

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.