DUI and DWAI Lawyers in Colorado Springs

Colorado has three main impaired driving charges, and a DUI arrest starts two cases at once: the criminal case in court and an administrative case at the DMV against your license. Both move quickly. The DMV case has a deadline of days, not weeks. See the DMV license hearing.

DUI, DUI per se, and DWAI

DUI means alcohol, drugs, or both left you substantially incapable of driving safely. DUI per se means your blood or breath alcohol was 0.08 or more within two hours of driving, however well you were driving. DWAI, driving while ability impaired, means you were impaired to the slightest degree. It is the lesser charge, but it is still a criminal conviction, and it counts as a prior if there’s ever another case.

The test result shapes the case. A result of 0.05 or less creates a presumption that you were not impaired by alcohol. A result above 0.05 and under 0.08 allows the jury to infer DWAI. A result of 0.08 or more allows it to infer DUI. Inferences are not proof, and the other evidence, including how you drove and how you performed at the roadside, can point the other way.

Breath tests, blood tests, and refusing

By driving in Colorado you are treated as having agreed to a breath or blood test if an officer has probable cause to believe you were driving impaired. The test has to be completed within two hours of driving. You can refuse, but a refusal carries its own consequences: a longer license revocation at the DMV, and the prosecution can tell the jury you refused.

A breath or blood result is only as good as the process behind it: the instrument’s certification and maintenance, the operator’s procedure, how a blood sample was drawn, stored, and tested, and the chain of custody.

Marijuana and drugged driving

The same DUI and DWAI charges apply to drugs, including marijuana and prescription medication. Having a prescription or a medical marijuana card is not a defense. For marijuana, 5 nanograms or more of THC per milliliter of whole blood allows the jury to infer DUI, but there is no per se THC limit, and THC levels don’t track impairment the way alcohol levels do. Drug cases often turn on the officer’s observations and on whether a drug recognition evaluation was done properly.

Underage drivers

A driver under 21 with a breath alcohol level from 0.02 to 0.05 commits underage drinking and driving, a traffic infraction rather than a crime. Above that, the ordinary DUI and DWAI charges apply. An underage driver also faces a DMV revocation on its own timeline.

High BAC and repeat offenses

A result of 0.15 or more, a refusal, or a second alcohol-related offense can make you a persistent drunk driver under Colorado law, which adds requirements such as an ignition interlock and alcohol education before your license comes back. After three prior impaired driving convictions, a new charge is a felony. See felony DUI.

Jail, fines, probation, and treatment for a first or second offense depend on the facts, your record, and the judge. We’ll give you the realistic range for your case rather than a list of maximums.

How we handle DUI cases

We start by requesting the DMV hearing so the license case doesn’t run away from you. Then we go through the discovery: the reason for the stop, the roadside maneuvers, the test records, the body camera and dash camera video, and the paperwork behind each. Where there is a basis to suppress evidence, we file the motion. Where the evidence is strong, we tell you plainly and work toward the outcome that limits the damage. Casey Kane prosecuted DUI cases before defending them.