DUI Defense/Criminal Defense



Arrested for DUI? DWAI? You Only Have 7 Days to Take Action!

After handling hundreds of DUIs I know a DUI arrest can leave you with little hope. A DUI/DWAI conviction can cost you a ton: potential jail time, penalties, fines, fees, huge increases in your car insurance cost, loss of your driver’s license, or even your job if you have a professional license or work in certain industries.

But if we fight for you, it could cost you a lot less. A DUI conviction can stain your reputation and criminal history, and unfortunately result in jail time. Don’t give up. You can do something. Hire us to fight to get you the best possible outcome.


Being arrested or charged for DUI can be absolutely frightening. You are unsure of what happens next, what penalties you may suffer, or what you should do next. To help you understand DUI in Colorado, we have compiled some of the most frequently asked questions we hear from clients. You can find the answers to these questions below.

Reach out to the dedicated lawyers at Dimock Matthews for a free consultation if you have been arrested or charged with DUI in Colorado, or if you have any additional questions.

What is the difference between DUI and DWAI?

“DUI” stand for “driving under the influence.” In Colorado, to be found guilty of DUI the driver must either have a B.A.C. (Blood Alcohol Content) of 0.08 percent or higher OR be deemed “substantially incapable of operating” their vehicle.

“DWAI” stands for “driving while ability impaired.”  Essentially this means that your driving was impaired to “the slightest degree” when you operated a vehicle.  It is less serious than DUI.  You can be charged with DWAI even if your B.A.C. is less than 0.08 percent.

What if I was arrested for drunk driving in Colorado, but I live out of state?

DUI, DWAI, along with other criminal convictions will follow you back to your home state. If you fail to appear in court in Colorado, judges usually issue a warrant for your immediate arrest, and you may face additional consequences in your home state or when you reenter Colorado.

Can I go to jail for a DWI?

A first time DUI conviction can mean:  a one-year driver’s license revocation, a $1,000 fine, and up to a year in jail.  Judges also have the discretion to require a convicted individual with one DUI to participate in community service, substance abuse education ,therapy, and have their sobriety monitored.

A second DUI conviction can result in higher penalties, including: 10 days of mandatory jail time, and up to a year in jail plus a minimum mandatory two year probation sentence.

Hire DM or another lawyer to help you pursue a favorable resolution.

Should you refuse to submit to field sobriety tests?

Yes.  These are unscientific tests designed to trip you up. Most people cannot perform them when sober.  A police officer that has stopped you is looking for reasons to arrest you.  And the field sobriety test is designed to provide that evidence so the police can arrest you.

If you took a field sobriety test, call DM or another lawyer immediately.

What is the legal blood alcohol concentration (BAC) limit in Colorado?

In Colorado, you can be charged with DWI if you have a BAC of 0.08 or higher. The 0.08 BAC limit is not the minimum: You can still be arrested and convicted of DWI with a BAC lower than 0.08 if the police and prosecution otherwise establish that you were intoxicated while driving.

Should I Take the Chemical Test?

First, immediately invoke your right to an attorney and seek legal guidance on how to proceed.

What Happens to My Driver's License if My Breath or Blood Test Result is .08 or Greater?

Most likely, the Colorado Department of Revenue will mail you a letter indicating that they are revoking your license and that you are entitled to a hearing on the matter. It is important that you contact the DMV to make sure they have your current address so there is no delay getting your notice letter. Your deadline to request a hearing will be in the letter.

The Division of Motor Vehicles may issue you a temporary permit to drive upon for up to 60 days or until the hearing if you had a valid driver’s license at the time of the stop for DUI.

What Do I Need to Know Before My Court Date?

  • Did the police have probable cause?
  • Were the field sobriety tests administered properly?
  • Were my blood samples handled according properly?
  • Were the blood and breath testing machines working properly?

If you have more questions it is important to reach out to DM or another competent attorney. DM DUI attorneys offer free consultations to anyone facing DUI or DWAI charges.

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