Denver DUID & DUI LawyerColorado imposes serious penalties against drivers convicted of driving under the influence of drugs or alcohol. In fact, Colorado agencies arrested approximately 19,658 drivers on suspicion of drunk or drugged driving in 2019 alone. However, that does not mean that everyone arrested on suspicion of DUI is guilty. We understand police officers sometimes make mistakes and arrest people who are not under the influence. 

As the sole practitioner of Mark S. Rubinstein, P.C., I have decades of experience defending against DUI charges. I have won acquittals for some clients and secured a favorable outcome for thousands of others. When you are facing jail time, there is not a moment to waste. Contact our office today for a free consultation. 

Colorado DUI & DUID Laws

Colorado Revised Statutes § 42-4-1301 states that driving under the influence means that the driver has:

  • A blood-alcohol level (BAC) at or above 0.08%; or
  • Their ability to drive safely is substantially impaired by drugs or alcohol.

There is no definitive rule that outlines how many drinks you can have before you meet the level for a DUI. While some people can drink up to three beers, others can have as little as one beer and still blow over the legal limit. If you provide a blood or breath sample that comes back below 0.08% but above 0.0%, you can still face charges for driving while ability impaired (DWAI). Although DWAI carries less severe consequences than a normal DUI conviction, it can still hold penalties that will affect your life in several ways.

DUID–List of Illegal Drugs

You can face charges for driving under the influence of drugs if you drive under the influence of marijuana, prescription medication, or other illegal substances. Other illegal substances might include:

  • Cocaine,
  • Ecstasy,
  • Methamphetamine,
  • Heroin,
  • LSD,
  • MDMA, and
  • Hydrocodone.

A charge involving any of the drugs listed above is typically treated more seriously than charges involving marijuana or your own prescription medication.

 

Criminal Penalties for Driving Under the Influence of Drugs or Alcohol in Colorado

DUI penalties typically depend on several factors. If you have a prior DUI conviction or had a high BAC when you were arrested, you could face enhanced penalties. 

First DUI or DUID Conviction

In Colorado, a first-time DUI or DUID conviction is a misdemeanor. Still, a first-time DUI conviction can carry a variety of consequences, including:

  • Between five days and one year in jail,
  • A fine of up to $1,000,
  • Up to 96 hours of community service,
  • License revocation for up to nine months, and
  • Mandatory substance abuse classes. 

Additionally, you can face enhanced penalties if your BAC was above 0.15% at the time of your arrest, as mentioned above.

Second DUI or DUID Conviction

Like a first conviction, a second conviction qualifies as a misdemeanor offense. However, the second DUI conviction carries more severe penalties. These include:

  • Between 10 days and one year in jail,
  • A fine of up to $1,500,
  • Up to 120 hours of community service,
  • At least two years of probation,
  • License revocation for up to one year,
  • Mandatory substance abuse education courses, and
  • Installation of an ignition interlock device for up to two years.

Colorado does not use a “lookback period” to determine which prior DUIs count against you. Any DUI you ever received in any U.S. state is considered, no matter how much time has passed.

Third DUI or DUID Conviction

Like a first and second DUI conviction, a third DUI conviction is also a misdemeanor. For a third DUI conviction, the potential penalties include:

  • Between 60 to 365 days in jail,
  • A fine of up to $1,500,
  • Up to 120 hours of community service,
  • License revocation for up to two years,
  • Up to four years of probation,
  • Substance abuse education courses, and
  • Installation of an ignition interlock device for up to two years.

DUI convictions after your third will result in even more severe penalties.

Express Consent in Colorado

If the authorities gather enough evidence to arrest you on suspicion of DUI or DUID, they will read you Colorado’s express consent law. This law means that motorists on Colorado roads give consent to submit to a blood or a breath test if they are arrested under suspicion of DUI or DUID.

Refusing to submit to this blood or breath test is usually a bad idea. If you refuse, you can face an additional charge of “refusal.” The penalties for refusing the test include:

  • Designation as a “persistent drunk driver,”
  • Automatic license suspension for one year,
  • Mandatory alcohol and drug education and treatment program, and
  • Installation of an ignition interlock device for at least one year.

Keep in mind that these penalties apply solely to the refusal and do not include the DUI penalties previously discussed. Additionally, the prosecution can use your refusal as evidence of guilt if your case proceeds to trial. 

How Can I Find a Good Denver DUID & DUI Attorney?

If you have started your search for a DUID & DUI defense attorney, you likely realized that hundreds of lawyers offer their services throughout the state. When your freedom is at stake, you want to take special care in making your decision. But how can you know which DUID & DUI attorney is right for you?

First, you want to make sure you select a lawyer with experience handling DUI cases. Criminal defense is an expansive area of law. Just because an attorney practices criminal defense does not necessarily mean they handle DUI cases. I have over 25 years of experience representing individuals accused of DUID and DUI. When you enlist my services, you can rest easy knowing your case is in the hands of someone with extensive experience handling your type of case.

Next, you can take advantage of the free consultations offered by many law firms. This consultation lets you meet the lawyer and decide whether you want them to represent you.

In some situations, you realize that you can or cannot work with someone within moments of meeting them. If the attorney is rude, distracted, disinterested, or quick to usher you out the door—don’t ignore these red flags. You want to find someone who takes a genuine interest in your case.

Make sure you find someone you feel comfortable sharing vulnerable information with. You want someone who is a forceful advocate but who is also attentive and compassionate. And obviously, you want someone who has demonstrated that they are good at what they do. We are not afraid of scrutiny, and we invite you to contact our office to set up your free initial consultation. 

See What Our Clients Have to Say

Mark S. Rubinstein has the knowledge and experience necessary to defend your case. Check out a few of our client testimonials below.

 

“Mark went above and beyond any expectations, I had while dealing with my DUI case. He was able to get the charges reduced to a deferred DWAI despite the facts of the case being heavily against me. This kept me from serving any more jail time, and I now have an opportunity to get the charges fully sealed from my record after complying with my deferred judgment sentencing. I could not be happier with my experience working with Mark!” — A

“Mr. Rubenstein was an amazing lawyer. I hired him the day after my DUI, and he helped me navigate the process that I needed to do and helped me understand my situation. He was instrumental in getting me a very pleasant plea offer with the DA and prosecutor to lower my DUI down to a DWAI. (With the situation at hand, it’s the best thing that could’ve happened.) If you ever need help, I highly recommend him.” — Hayden

“Mr. Rubinstein was helpful, professional, and informative from my first contact until my DUI case was settled. I considered a public defender because I didn’t believe it was very complicated, however, I am so grateful I hired a lawyer with decades of experience. For a flat fee, my case was resolved with a DWAI plea in spite of a fairly high BAC level, and all other traffic charges were dropped. Due to the pandemic, this was all done via the web, which made it challenging, but ultimately, Mr. Rubinstein helped me through the process.” — Patricia

Contact us today so we can start reviewing your case.

Contact Us Today

A DUI conviction can have serious consequences for any criminal defendant. You can miss out on job opportunities, lack eligibility for certain job prospects, and face denials on rental applications. Trying to represent yourself in a DUI trial is like entering a lion’s den with a slingshot. Hiring a DUID & DUI attorney gives you the best chance of getting your charges reduced or dismissed entirely. 

I am prepared to fight aggressively and effectively to ensure that you receive a favorable outcome in your case. If you were arrested for driving under the influence, contact Mark S. Rubinstein, P.C. today.