Facing a DUI charge in Colorado can turn your life upside down. In this guide, we’ll show you how to get out of a DUI by outlining legitimate legal strategies that might help you get your DUI charge dismissed or reduced. The consequences—license suspension, potential jail time, substantial fines, and long-term impacts on your career and insurance rates—can be extremely stressful. However, there are legitimate legal defenses and procedural errors that could make a significant difference in fighting your case.
Can I get a DUI charge dismissed in Colorado?
Yes, it is possible to get a DUI charge dismissed in Colorado, though it requires identifying legitimate legal defenses or procedural errors in your case. Success depends on the specific circumstances of your arrest and the evidence against you.
Every DUI case has unique elements that might provide grounds for dismissal or reduction. From challenging the legality of your traffic stop to questioning the accuracy of chemical tests, various defense strategies could lead to more favorable outcomes.
Understanding Colorado DUI Laws and Penalties
Before examining defense strategies, it’s important to understand what you’re facing. Colorado recognizes two primary alcohol-related driving offenses:
- Driving Under the Influence (DUI): Operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or when substantially incapable of safely operating a vehicle due to alcohol or drugs.
- Driving While Ability Impaired (DWAI): Operating a vehicle while your ability is impaired to the slightest degree by alcohol or drugs. This can be charged with a BAC as low as 0.05%.
Colorado also has an Express Consent Law, which means that by driving on Colorado roads, you’ve given implied consent to chemical testing if an officer has reasonable grounds to believe you’re driving under the influence.
For first-time offenders, penalties typically include:
- 5 days to 1 year in jail (though jail time is often suspended)
- Fines between $600 and $1,500
- Up to 96 hours of community service
- License suspension of 9 months
- Alcohol education classes
Repeat offenders face much harsher penalties, including mandatory jail time and longer license suspensions.
Potential Legal Defenses for DUI Dismissal
Challenging the Traffic Stop
Police must have reasonable suspicion of a traffic violation or criminal activity before pulling you over. If the officer lacked reasonable suspicion, any evidence obtained during the stop—including field sobriety tests and chemical tests—may be inadmissible. This could result in your case being dismissed.
Questioning Probable Cause for Arrest
After stopping you, an officer needs probable cause to arrest you for DUI. If you can demonstrate the officer lacked probable cause, evidence collected after your arrest may be suppressed, greatly weakening the prosecution’s case.
Contesting Field Sobriety Tests
Field sobriety tests are subjective and often administered incorrectly. Common issues include:
- Improper instructions from the officer
- Tests conducted on uneven surfaces
- Adverse weather conditions affecting performance
- Your physical conditions (injuries, weight, age) making tests unreliable
Challenging Breath Test Accuracy
Breathalyzer results can be contested based on:
- Improper calibration of the device
- Lack of proper maintenance records
- Insufficient training of the test operator
- Failure to observe you for the required 20-minute period before testing
- Residual mouth alcohol contaminating results
- Medical conditions affecting results (like GERD or acid reflux)
- Dietary factors (low-carb diets can produce ketones that register as alcohol)
Blood Test Irregularities
Blood tests, while generally more accurate than breath tests, are still vulnerable to challenges:
- Improper blood draw procedures
- Chain of custody issues
- Contamination of the sample
- Improper storage or handling
- Testing conducted at non-accredited labs
Rising Blood Alcohol Defense
It takes time (typically 50 minutes to two hours) for alcohol to be fully absorbed into your bloodstream. If you were tested some time after driving, your BAC at the time of testing may have been higher than when you were actually driving. This “rising BAC” defense can be effective if there was a substantial delay between your driving and testing.
Procedural Errors That Can Lead to Dismissal
Observation Period Violations
Before administering a breath test, officers are required to observe you continuously for 20 minutes to ensure you don’t eat, drink, smoke, vomit, or burp—all of which could affect test accuracy. If this observation period wasn’t properly conducted, your test results may be challenged.
Miranda Rights Violations
While not all DUI investigations require Miranda warnings, if you were questioned while in custody without being read your rights, those statements might be inadmissible in court.
Improper Documentation
DUI cases generate significant paperwork. Missing or improperly completed forms can sometimes provide grounds for challenging the case or having certain evidence excluded.
Officer Misconduct or Failure to Appear
If the arresting officer doesn’t appear at scheduled court hearings or if there’s evidence of misconduct, the prosecution’s case may be weakened or dismissed.
Options for Reducing DUI Charges
Plea Bargaining
An experienced attorney may be able to negotiate a plea deal to reduce your DUI charge to a lesser offense, such as a DWAI or a non-alcohol-related charge like reckless driving. This can result in less severe penalties and potentially avoid some of the long-term consequences of a DUI conviction.
Diversion Programs
First-time offenders in some Colorado jurisdictions may qualify for diversion programs. These programs typically involve:
- Alcohol education classes
- Community service
- Regular drug/alcohol testing
- Compliance with other court-ordered conditions
Successfully completing a diversion program can result in dismissed or reduced charges.
Deferred Sentencing
Similar to diversion programs, deferred sentencing allows you to fulfill certain requirements over a set period. If you comply with all conditions, your case may be dismissed or reduced when the deferment period ends.
The Administrative License Revocation Process
DMV Hearings
You have only 7 days after your arrest to request a DMV hearing to contest your license suspension. This hearing is separate from your criminal case and focuses solely on your driving privileges.
At the hearing, you can challenge:
- Whether the officer had reasonable grounds to believe you were driving under the influence
- Whether you were properly advised of the consequences of refusing or failing a chemical test
- Whether you refused testing or had a BAC above the legal limit
Restricted License Options
Even if your license is suspended, you may qualify for a restricted license with an ignition interlock device, allowing you to drive to work, school, or treatment programs.
Building a Strong Defense Strategy
Gathering Evidence Quickly
DUI evidence is time-sensitive. Surveillance footage may be overwritten, witnesses’ memories fade, and physical evidence can be lost. Acting quickly to preserve evidence is necessary.
Obtaining Documentation
Request all relevant documentation:
- Police reports
- Arrest reports
- Chemical test records and maintenance logs
- Officer training records
- Dash cam and body cam footage
Securing Witness Statements
If there were passengers in your vehicle or other witnesses who observed your behavior before the arrest, their testimony could be valuable in contesting the officer’s assessment of your impairment.
When and Why to Hire a DUI Attorney
DUI law is complex and constantly changing. An attorney who specializes in DUI defense will be familiar with current laws and precedents, local court practices and personnel, technical aspects of chemical testing, and effective negotiation strategies. For instance, consulting with an experienced Denver DUI lawyer can ensure that your case is handled with the expertise it requires.
Questions to Ask Potential Attorneys
When selecting an attorney, consider asking:
- How many DUI cases have you handled?
- What percentage of your practice is devoted to DUI defense?
- What specific defenses might apply to my case?
- What are the possible outcomes for my case?
- What are your fees and payment options?
The right attorney can make a substantial difference in your case outcome. Their expertise can help identify weaknesses in the prosecution’s case that you might not recognize yourself. Take time to research and interview multiple attorneys to find the best fit for your situation.
Steps to Take Immediately After a DUI Charge
Behavioral Modifications
Courts look favorably on defendants who proactively address potential alcohol issues:
- Voluntarily enrolling in alcohol education classes
- Attending AA meetings
- Undergoing substance abuse evaluation
- Performing community service
Taking these steps shows the court you’re serious about addressing any underlying issues and can sometimes lead to more lenient treatment. Remember that your actions after the arrest can greatly impact how your case proceeds.
Documentation to Preserve
Keep detailed records of:
- Your recollection of events (written down as soon as possible)
- Medical conditions that might have affected testing
- What and when you ate or drank before driving
- Any medications you were taking
These details can become vital evidence as your case progresses. Write everything down while it’s fresh in your memory, and share this information only with your attorney to ensure it’s used most effectively in your defense.
Navigating Plea Agreements and Sentencing
Factors That Influence Sentencing
If your case proceeds to sentencing, several factors may influence the outcome:
- Your BAC level
- Whether there was an accident or injury
- Your prior criminal and driving record
- Your cooperation with authorities
- Any voluntary treatment or education you’ve completed
Understanding these factors can help you and your attorney prepare the most effective case presentation. Courts tend to view each case individually, considering the totality of circumstances rather than applying a one-size-fits-all approach.
Presenting Mitigating Factors
An effective defense strategy includes presenting mitigating factors:
- Character references
- Employment history
- Community involvement
- Family responsibilities
- Any steps taken to address alcohol issues
These elements help humanize you to the court and demonstrate that you’re more than just the DUI charge you’re facing. Your attorney can help you gather appropriate documentation and present these factors in the most compelling way.
Alternative Sentencing Options
In some cases, alternatives to traditional sentencing may be available:
- Electronic monitoring instead of jail time
- Work release programs
- Treatment-based sentencing
- In-home detention
By understanding Colorado DUI laws, recognizing potential defenses, and working with an experienced attorney, you can navigate the complex legal process with the goal of having your charges dismissed or reduced. While each case is unique, being proactive and informed gives you the best chance of achieving a favorable outcome.
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.
