DUI and Traffic Offenses

DUI (Driving Under the Influence): driving, or having actual physical control of a motor vehicle, when you are under the influence of alcohol or drugs or both to such a degree that you are substantially incapable of safely operating the motor vehicle. C.R.S. § 42-4-1301(1)(a)

DUI Per Se: driving, or actual physical control of a motor vehicle, with a Blood Alcohol Concentration (BAC) of 0.08% or higher. C.R.S. § 42-4-1301 (2)(a)

• If your BAC was 0.20% or higher you face mandatory jail time

DWAI (Driving While Ability Impaired): driving, or having actual physical control of a motor vehicle, when you are under the influence of alcohol or drugs or both to such a degree that you are less able even to the slightest degree of safely operating the motor vehicle. You may be charged with DWAI charge if your BAC is above 0.05% but below 0.08%. C.R.S. § 42-4-1301(1)(b)

UDD (Underage Drunk Driving): individuals under 21 who drive or have actual physical control of a motor vehicle with a BAC above 0.02% but below 0.05% can be charged with underage drunk driving. C.R.S. § 42-4-1301(2)(d)(1)

Act quickly to protect your driving privileges  If you receive an Express Consent Affidavit you need to request a hearing with the Colorado Department of Revenue, Division of Motor Vehicles (DMV) within 7 days.  Failure to make a timely request can act as a waiver of your right this hearing. 

A request for a DMV Administrative Hearing, also known as an Express Consent Hearing, is subject to the following deadlines:

• Within seven (7) days of the arrest if a breath test or blood test was refused at the time of the traffic stop, or

• Within seven (7) days of receiving the blood test results, or

• Within seven (7) days of the arrest if a breath test was given at the time of the traffic stop. 

The DMV hearing is a separate proceeding from DUI or DWAI charges in traffic or criminal court. The DMV will determine what if any restrictions will be placed on your driving privilege as well as set any driver license reinstatement requirements.  You can face DMV administrative revocation even if your criminal case is dismissed.  

You are entitled to an attorney for these proceedings and an experienced DUI or DWAI attorney can help you navigate the complexities and mitigate the consequences of your criminal and DMV hearing court appearances.

We provide skilled advocacy for clients facing charges of driving under suspension, restraint, or denial, striving to restore your driving privileges.

Kiyomi and Nichole are well-versed in handling habitual traffic offense cases, leveraging their experience to seek reduced penalties and favorable outcomes.

If you've been charged with no proof of insurance, our attorneys will work to mitigate the impact of the offense and help you navigate legal consequences.

We understand the complexities of leaving the scene of an accident charges and are committed to building a strong defense to protect your interests.

For speeding violations, Kiyomi and Nichole focus on crafting effective strategies to challenge the charges and minimize potential penalties.