Charged With DUI or DWAI? Know What Colorado Requires
DUI and DWAI defense in Grand Junction for drivers facing criminal penalties, license revocation, or both
Forsgren and Poore represents drivers across the Western Slope who are facing DUI or DWAI charges and need a clear assessment of the evidence and arrest procedures used in their case.
Colorado law creates two distinct impaired driving offenses: DUI requires proof of substantial impairment or a BAC at or above 0.08 percent, while DWAI applies when impairment exists to the slightest degree—a lower standard that allows prosecution when BAC falls between 0.05 and 0.08. Which charge applies, and what the prosecution must prove, shapes every decision that follows.
Traffic stops, field sobriety tests, and chemical tests each follow legal requirements that officers must satisfy. Reasonable suspicion must exist before a lawful stop, standardized field sobriety tests must follow National Highway Traffic Safety Administration protocols, and breath and blood testing equipment requires proper calibration with documented chain of custody. Whether those requirements were met in a specific case is central to evaluating the strength of the state’s evidence.
To discuss the circumstances of your arrest and what defenses may apply, arrange a consultation at Forsgren and Poore.
How Colorado DUI Law Creates Two Separate Legal Proceedings
A DUI or DWAI arrest triggers two simultaneous proceedings: the criminal court case and a driver’s license action through the Colorado Division of Motor Vehicles. Contesting license revocation requires requesting an express consent hearing within seven days of arrest—that deadline is fixed, and missing it forfeits the right to a hearing. The criminal case proceeds independently through arraignment, pretrial hearings, potential suppression motions, and resolution or trial.
Defense analysis begins with the arrest report, any available footage, chemical test records, and calibration logs for any breath testing device used. That review clarifies whether suppression motions, testing challenges, or other approaches are appropriate for a particular case. Criminal penalties upon conviction can include jail time, fines, mandatory alcohol education programs, ignition interlock device requirements, and lasting consequences on a driver’s record.
Colorado escalates penalties based on prior convictions—a prior DWAI is treated as a prior alcohol-related offense and raises mandatory minimums for a subsequent charge, and multiple prior convictions can elevate a DUI to a felony. Every case is evaluated individually on the stop, the testing, and what the documentation shows.
Questions About Colorado DUI and DWAI Charges
Drivers facing impaired driving allegations often need direct answers about how Colorado’s statutes work and what the process involves from arrest through resolution.
Can I be charged with DUI if my BAC is below 0.08?
Yes—Colorado’s DWAI statute allows charges when BAC falls between 0.05 and 0.08, and that charge carries its own criminal penalties even on a first offense.
What happens if I refuse a chemical test?
Refusal triggers automatic license revocation under Colorado’s express consent law and can be introduced as evidence in the criminal proceeding.
How does a blood test become open to challenge?
Blood samples must follow Colorado’s chain of custody requirements from collection through lab analysis, and documentation gaps or handling errors are relevant to evaluating the evidence’s reliability.
What is the significance of the seven-day deadline?
Following a DUI arrest, you have seven days to request a DMV express consent hearing to contest revocation—that window does not extend regardless of the criminal case timeline.
How does a prior DWAI affect a new DUI charge?
Colorado law treats a prior DWAI as a prior alcohol-related conviction, which increases mandatory minimum penalties for any subsequent impaired driving charge.
Forsgren and Poore also handles DUI and DWAI defense in Montrose and communities throughout western Colorado. Contact the firm to arrange a case evaluation.