A DUI charge in Colorado can turn your life upside down. You may worry about losing your license, facing fines, or even going to jail. The truth is that DUI cases are rarely as straightforward as they seem at first glance. Evidence can be flawed, procedures can be questioned, and rights can be violated. With the right legal defense, there are many ways to challenge a DUI charge in Colorado.
Understanding Colorado DUI Laws 
Colorado law takes impaired driving seriously. A driver can be charged with DUI if their blood alcohol concentration is 0.08 or higher or if they are impaired by drugs or alcohol to the point of being unsafe to drive. A lesser charge known as DWAI can apply if a driver’s blood alcohol concentration is between 0.05 and 0.079. Both charges come with penalties such as license suspension, fines, mandatory alcohol education classes, and the possibility of jail time. The penalties increase if it is not your first offense or if aggravating circumstances are present.
Although the consequences are serious, it is important to remember that the state must prove its case beyond a reasonable doubt. The prosecution relies on evidence such as the reason for the stop, field sobriety tests, and the results of breath or blood tests. Each of these steps can be challenged in court.
Examining the Reason for the Traffic Stop
A strong DUI defense often begins with the traffic stop itself. Police officers must have a lawful reason to stop a vehicle. This is known as reasonable suspicion. Examples include swerving, running a red light, or other noticeable traffic violations. If there was no valid reason for the stop, any evidence gathered after that stop may be inadmissible in court. An experienced attorney will review the police reports and body camera footage to determine if the stop was lawful.
Problems with Field Sobriety Tests
Officers frequently rely on field sobriety tests such as the walk and turn, the one leg stand, and the horizontal gaze nystagmus test. These tests are designed to measure coordination and attention but they are far from perfect. Poor weather, uneven pavement, medical conditions, fatigue, or nervousness can affect performance. Even sober drivers often fail these tests. By highlighting these weaknesses, a defense attorney may be able to show that the results are unreliable.
Breath and Blood Testing Errors
Breathalyzers and blood tests are powerful tools for the prosecution but they must be handled with care. Machines require regular calibration and proper maintenance. If the device has not been properly maintained, the results may be inaccurate. Similarly, blood tests must be collected, labeled, stored, and analyzed under strict procedures. Any errors in this chain of custody can lead to unreliable results. Attorneys often obtain maintenance records or lab reports to determine whether testing protocols were followed correctly.
Alternative Explanations for Impairment
Many of the signs that officers use to suggest impairment can be explained in other ways. Red or watery eyes can be caused by allergies or fatigue. Slurred speech may result from a medical condition or prescription medication. Even the smell of alcohol can be misleading depending on the circumstances. A defense attorney can present these alternative explanations to show that what looked like impairment was actually something else entirely.
The Administrative License Hearing
One aspect of a DUI case that many drivers overlook is the administrative process with the Colorado Department of Revenue. When arrested for DUI, you may face immediate license suspension separate from your criminal case. You have a short window of time to request a hearing to challenge this suspension. Acting quickly is essential if you want to preserve your driving privileges. You can learn more about this process by reviewing helpful resources such as Do You Lose Your License for a DUI Five Things to Know.
The Costs of a DUI Conviction
Beyond the immediate penalties, a DUI conviction can be expensive. You may have to pay fines, court costs, increased insurance rates, and fees for mandatory classes or ignition interlock devices. The financial burden can be heavy and long lasting. Our firm has broken down the expenses in greater detail in How Much Does a DUI Cost. Knowing the true costs reinforces why building a strong defense is so important.
Medical and Injury Concerns in DUI Cases
Some DUI arrests happen after an accident. When injuries occur, prosecutors may push for harsher penalties. Yet these cases also open the door for additional defenses. Accident injuries can mimic signs of intoxication such as unsteady movement or slurred speech. It is important that the court understand these factors. You can read more about these issues in Common Injuries After a DUI.
Frequently Asked Questions
If you are facing a DUI charge, you probably have many questions. Will I go to jail? How long will I lose my license? Should I plead guilty? Each case is unique and depends on the facts and your history. Our firm has addressed many of these concerns in Frequently Asked Questions About DUIs. Reviewing these answers can give you a better understanding of what to expect while you work with your attorney on your defense strategy.
The Importance of Acting Quickly
Time is critical in a DUI case. Evidence can be lost, deadlines can be missed, and opportunities to challenge the prosecution’s case can slip away. Requesting a license hearing, reviewing body camera footage, and examining test results all require immediate attention. The sooner you contact an attorney, the stronger your defense may be.
Why You Need an Experienced DUI Defense Attorney
Challenging a DUI in Colorado requires deep knowledge of both the law and the science behind testing procedures. Hebets & McCallin has handled DUI cases throughout Denver and across Colorado. Our attorneys understand how to identify errors, question evidence, and build defenses tailored to each client’s circumstances. We know that every detail matters and we fight to ensure our clients receive fair treatment.
Call Hebets & McCallin today to schedule your free consultation. We represent clients in Denver and the surrounding areas and we are ready to help you protect your future.