DUI & DWAI Defense in Colorado

If you’ve been arrested for DUI or DWAI in Summit County, the clock is already running. You typically face two cases at once:

A DMV administrative proceeding (your license)
A Criminal Court case (the charges)

Fast help: Email your ticket(s), Notice of Revocation (if any), and bond paperwork. Also send any paperwork from the jail or court for your consult. If you did a breath test or refused, DMV deadlines can be as short as 7 days.

What are DUI and DWAI in Colorado?

DUI (Driving Under the Influence): Driving while affected to the degree you are substantially incapable of safely operating a vehicle. A per se DUI may be charged if a chemical test shows 0.08 BAC or higher.
DWAI (Driving While Ability Impaired): Your ability is impaired to the slightest degree—often alleged with alcohol levels from 0.05 to under 0.08 or based on observed impairment.
Drugs & Alcohol: Charges can be based on alcohol, drugs (including THC/prescriptions), or both.

Important: Roadside “voluntary” maneuvers (walk-and-turn, one-leg stand, HGN/eye test) are not required by law. Officer interpretations can be unreliable on uneven or icy surfaces, or when fatigue/injury is present.

The Two-Track Process: DMV vs. Criminal Court

1) DMV Express Consent (your license)

This is a separate administrative case that can:

Revoke your license
Require interlock
Require alcohol education/therapy
Require SR-22

Deadlines: A hearing request can be due in as little as 7 days after a breath-test failure or refusal (blood-test cases typically turn on when results/notice issue). Missing the deadline can mean an automatic revocation.

What we do in the DMV case:
We subpoena the officer, obtain body-worn camera, calibration/maintenance records, and challenge the lawfulness of the stop, arrest, and test/refusal advisement.

2) Criminal Court (the charges)

Arraignment → pretrial → motions → trial.

We litigate suppression issues (stop, seizure, arrest, Miranda), challenge SFSTs, attack breath/blood foundation and accuracy, and negotiate from a position of strength.

How We Defend DUI/DWAI Cases

Every case begins with four questions:

Why were you stopped?
We examine lane-position video, 911 audio, BWC, and CAD logs for what the officer claims and what the evidence shows.
What happened roadside?
Were SFSTs administered correctly on a proper surface, with appropriate medical screening and timing? Did the officer deviate from NHTSA standards?
Is the arrest lawful?
We scrutinize probable cause, refusal advisements, and any coercive statements.
Is the chemistry trustworthy?
- Breath: calibration/maintenance, simulator solutions, operator certification, and mouth alcohol/GERD issues
- Blood: chain of custody, preservative/fermentation issues, reanalysis, hospital draws vs. forensic protocol, and rising BAC defenses

Additional defense angles:

Altitude, cold, footwear, and injuries that mimic “impairment”
Medical conditions/meds (neurologic, vestibular, diabetes/ketosis)
Video gaps or muted audio at the jail; incomplete implied-consent advisement
Vehicle in motion issues (moving to safety), no actual physical control, or “bad driving” not shown on video

Potential Outcomes

Dismissal or Not Guilty at trial
Reduction (e.g., DUI → DWAI, or in some cases a non-alcohol traffic disposition)
Suppression of evidence (stop, statements, test results), weakening the prosecution
Diversion / Deferred Judgment (where eligible) to protect your record
Targeted sentencing: education/therapy matched to clinical level; community service; work-release alternatives where appropriate

We also work to align the criminal case with the DMV track to maximize the chance of early reinstatement or a shorter interlock pathway when available.

First Offense vs. Priors

First offense: Strategy focuses on avoiding a permanent impaired-driving conviction and minimizing or eliminating license downtime.
Priors (in or out of state): Stakes increase—mandatory jail may apply depending on history and facts. We verify the validity of prior convictions, underlying advisements, and representation records.

Visitors & Out-of-State Drivers

Here for a ski trip or seasonal work? We frequently handle cases for drivers from other states. We address home-state consequences, interstate compact reporting, and remote appearances when permitted.

What to Do Right Now

Act fast on DMV deadlines (as little as 7 days)
Write down a timeline while it’s fresh (where you were, what you ate/drank, meds, sleep)
Save names of any witnesses and time-stamped receipts
Don’t post details on social media
Bring paperwork (tickets, bond, Notice of Revocation) and any videos/photos to your consult

Service Area

Summit County (Breckenridge, Frisco, Dillon, Silverthorne, Keystone), plus nearby mountain communities in Eagle, Lake, Park, and Clear Creek Counties.

FAQs

Is my license automatically suspended?
Not automatically—but the DMV process can suspend it unless you act quickly. We request the hearing and fight the basis for revocation.

Should I do roadside tests if asked in the future?
Roadside maneuvers are voluntary. You must provide license/registration/insurance, and you must choose a chemical test after a valid arrest and proper advisement—but you can decline roadside SFSTs.

What if I refused a test?
Refusal has separate DMV consequences. We check whether the advisement was accurate, whether you actually refused, and whether medical issues interfered.

Will I have to install an interlock?
It depends on the charge, BAC, and history. We map the earliest reinstatement route and likely interlock period.

Can marijuana or prescription meds cause a DUI?
Yes—Colorado can charge DUI/DWAI-Drugs and DUI-D. We evaluate dose, timing, tolerance, and impairment evidence—not just presence.

Act Now

Charged with DUI or DWAI in Summit County? Schedule a confidential consultation. We’ll review your stop, video, and chemistry and give you a clear action plan for both DMV and court.

Phone: (970) 968-8807
Email: george@kokoeferlaw.com

Disclaimer

This page provides general information, not legal advice. Every case is different. Reading this page does not create an attorney-client relationship.