Samantha Drake is a freelance journalist who writes about legal and business issues, as well as general interest topics that strike her fancy. More of her work can be found on her website and Linkedin page.
Samantha Drake
Samantha Drake is a freelance journalist who writes about legal and business issues, as well as general interest topics that strike her fancy. More of her work can be found on her website and Linkedin page.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Located in the shadow of the Rocky Mountains 5,280 feet above sea level, Denver truly is the Mile-High City. Low humidity and more than 300 days of sunshine a year make Denver a perfect place to explore the outdoors. Whether driving around the city of Denver or day-tripping to see stunning national landmarks, a vehicle is a must for many people.
But keep in mind that under Colorado’s DUI laws, you can be charged with impaired driving if you have a blood alcohol concentration (BAC) of 0.08% or higher. Here are resources to help you find an experienced DUI attorney in Denver.
Read more
Best DUI Attorneys in Denver, CO
Compare Top DUI Attorneys
| Lawyer Name | CO Bar Association Status | Year Admitted to CO Bar | Law School Attended | LEARN MORE | ||
|---|---|---|---|---|---|---|
| Stephen M. Burstein | Active | 2011 | University of Denver Sturm College of Law | Get Matched | Get matched with legal services near you | |
| Kimberly Diego | Active | 2008 | University of Colorado School of Law | Get Matched | Get matched with legal services near you | |
| Arnulfo D. Hernández | Active | 2006 | University of Denver Sturm College of Law | Get Matched | Get matched with legal services near you | |
| Abe Hutt | Active | 1984 | University of Southern California Gould School of Law | Get Matched | Get matched with legal services near you | |
| David C. Japha | Active | 1984 | University of Denver Sturm College of Law | Get Matched | Get matched with legal services near you | |
| Jessica E. Jones | Active | 2007 | Northeastern University School of Law | Get Matched | Get matched with legal services near you | |
| Danny Luneau | Active | 2011 | Loyola University New Orleans College of Law | Get Matched | Get matched with legal services near you | |
| Amelia E. Power | Active | 2015 | University of Denver Sturm College of Law | Get Matched | Get matched with legal services near you | |
| Scott H. Robinson | Active | 1975 | University of Colorado School of Law | Get Matched | Get matched with legal services near you | |
| Anthony J. Viorst | Active | 1989 | Georgetown University Law Center | Get Matched | Get matched with legal services near you |
DUI Laws in Colorado
It doesn’t take much alcohol to become legally impaired and DUI penalties can be steep. Below is a guide to Colorado’s DUI regulations that every driver should understand.
Legal Blood Alcohol Concentration (BAC) in Colorado
A blood alcohol concentration (BAC) of 0.08% or higher is known as “DUI per se,” which means that no additional evidence of impairment is required to bring criminal charges beyond a finding that your BAC is 0.08 percent or higher. Note that if you have a BAC of between .05 percent and under 0.08%, you could also potentially face criminal charges for driving while ability impaired (DWAI). Drivers under 21 with a BAC between 0.02% and 0.05% can face charges for underage drinking and driving (UDD)
Express Consent Law in Colorado
Under Colorado law C.R.S. Section 42-4-1301.1, a driver must provide a breath or blood sample for testing by a police officer who has probable cause to believe the driver is operating a vehicle under the influence of alcohol. Therefore, anyone driving a vehicle in Colorado is deemed to have given their express consent to provide a breath or blood sample.
Penalties for DUI and DWAI Convictions in Colorado
The penalties for a first conviction depend on whether you have been charged with a DUI (BAC of 0.08% or higher) or a DWAI (BAC of between 0.05 percent and under 0.08%).
First DWAI
First-time DWAI offenders could spend between two and 180 days in jail, pay a fine between $200 and $500, and be ordered to complete 24 to 48 hours of community service.
First DUI
First-time DUI offenders could spend five days to one year in jail, pay a fine between $600 and $1,000, and be ordered to complete 48 to 96 hours of community service.
Second DWAI or DUI
A driver convicted of a DWAI or DUI with one prior offense could spend 10 days to one year in jail, pay a fine between $600 and $1,500, and be ordered to complete 48 to 120 hours of community service.
Third DWAI or DUI
A driver convicted of a DWAI or DUI with two prior offenses could spend 60 days to one year in jail, pay a fine between $600 and $1,500, and be ordered to complete 48 to 120 hours of community service.
Fourth DUI
A fourth DUI is a Class Four Felony. A driver could spend from 90 to 180 days to two to six years in prison, pay a fine between $2,000 and $500,000, and be ordered to complete 48 to 120 hours of community service.
Additional Penalties
Other penalties could include payment to a victim restitution fund, attending alcohol and drug counseling or probation.
If you refuse to provide a breath or blood sample for testing, you will be required to have an ignition interlock device installed in your vehicle for two years. An ignition interlock prevents drivers from operating a vehicle while under the influence of alcohol by requiring a breath sample before the engine starts. Drivers are required to provide breath samples periodically. If an elevated alcohol concentration level is detected, the vehicle will not start.
You must additionally enroll in a Level II Alcohol/Education program and provide proof of enrollment. An SR22 form may also be required. An SR22 form is filed by your insurer and requires the company to notify the state Department of Motor Vehicles of any policy cancellation.
What to Expect After a DUI Arrest in Colorado
If you have been arrested for a DUI, there are two separate processes to follow: an administrative process through the Department of Motor Vehicles and a judicial process through the court, each with its timelines and requirements.
The DMV’s Administrative Process determines any restrictions imposed on your driving privileges. A driver convicted of a DUI may request a hearing on an action to be taken against their license by the DMV, such as a revocation, suspension, denial or cancellation of a driver’s license. A DMV hearing officer and an arresting officer will attend the hearing.
Separately, DUI cases are prosecuted in court by the local district attorney’s office. A driver arrested for a DUI receives a summons, which begins the court process. You will be required to appear in court and enter a plea of guilty or innocent. If a driver is found guilty, the court may impose fines, jail time, treatment programs, community service or probation.
How Can an Attorney Help You?
Given the two post-arrest administrative and judicial paths and the range of potential penalties, it’s important to have an experienced attorney to guide you through the various steps and make the right decisions for your circumstances. An attorney can get your DUI case thrown out or keep the penalties imposed to a minimum, if possible.
How to Choose the Best DUI Lawyer in Denver, CO
To find the right DUI lawyer in Colorado, you can ask for referrals from friends, family and colleagues or do your own research online. The National College for DUI Defense and the National Association of Criminal Defense Lawyers both have searchable attorney databases. You can also vet prospects by searching the Colorado Bar Association’s member database.
The following are some tips on what to look for in a good DUI attorney:
- An active license to practice law in the state where the DUI arrest took place
- A record of no disciplinary actions
- A degree from an ABA-accredited law school
- Experience successfully handling DUI cases and helping clients avoid or reduce penalties
- Positive client reviews
Of course, you should meet with a prospective attorney to determine whether you are comfortable with the attorney representing you.
Methodology
To come up with the best DUI lawyers in Denver in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a DUI attorney charge?
Rates vary by location, attorney experience and the circumstances of your case, but a reputable DUI should be able to give you an estimate of the fees charged. Note that DUI lawyers usually charge by the hour and are not permitted to charge on a contingent fee basis. Fees may also be negotiable.
Can you be charged with impaired driving in Colorado for ingesting cannabis?
Yes. Colorado DUI law provides that a driver can be charged with an impaired driving offense if the driver has more than 5 nanograms of delta-9 tetrahydrocannabinol—the active metabolite in tetrahydrocannabinol (THC)—per milliliter of whole blood.
Can I get jail time for a first DUI offense?
Yes. First-time DUI offenders could be sentenced to between five days and one year in jail. First-time DWAI offenders could face between two and 180 days in jail.
