If you were arrested for DUI, DWAI, or DUID in Colorado, you are facing two cases at once: a criminal case in court and a separate case against your driver’s license at the DMV. Both move quickly, and the license case has a short deadline. I defend drivers charged with DUI across western Colorado and the mountain towns, from Carbondale and Aspen to Vail, Breckenridge, Gunnison, Montrose, and Grand Junction.
My name is Mark S. Rubinstein. I am a sole practitioner, so you work with me directly, not with an associate or a case manager. I have practiced law for more than 30 years and have been licensed in Colorado since 1993. A DUI conviction can mean jail time, heavy fines, a revoked license, and a criminal record that is hard to clear. My job is to find the weaknesses in the case against you and use them, whether that means fighting the charge or negotiating a reduction.Call (970) 704-0888 for a free consultation, or contact me online.
As a Colorado DUI defense lawyer, I have won acquittals for many of my clients, and have plea-bargained for lesser charges on behalf of many more. Depending on the circumstances, there may be a good chance that I can keep you out of jail – and nothing is more important than your freedom.
Testimonial
“[Mark] got me out of an unjust DUI. I am deeply grateful for the … work Mark did to get me out of my DUI situation. What should have been a routine traffic stop … turned into a completely unwarranted DUI … I got ahold of Mark and he offered a very reasonable flat rate … and he absolutely delivered. Of my 5 charges … everything was dropped minus a minor traffic infraction and small fine. I couldn’t be more satisfied … and am grateful for Mark for providing a positive outcome.” – Dylan 4.4.24.
See what our clients have to say about our services:
What to Do After a DUI Arrest in Colorado
- Request your DMV hearing right away. After an arrest, the officer usually takes your license and issues a temporary permit. You have only a short window to request a hearing with the Colorado DMV. Miss it and the revocation generally takes effect on its own.
- Write down what happened. Note where you were stopped, what the officer said, which roadside tests you took, and when your breath or blood test happened. Details fade fast.
- Do not discuss the case with anyone but your lawyer, including on social media.
- Call a DUI lawyer before your first court date. Early review of the stop, the video, and the testing records gives you the most options.
The Colorado DMV explains the license side of the process on its DUI reinstatement page
DUI, DWAI, and DUID: Colorado Drunk Driving Charges Explained
- DUI: alcohol, drugs, or both make you substantially incapable of driving safely. A BAC of 0.08 or higher supports a DUI per se charge.
- DWAI (Driving While Ability Impaired): you are impaired to even the slightest degree. A BAC above 0.05 but below 0.08 can support a DWAI charge. Penalties are lower than DUI.
- DUID: impairment from marijuana, prescription medication, or other drugs, usually proven with a blood test. Penalties match an alcohol DUI.
Drivers under 21 can be charged with a separate underage drinking and driving offense at a BAC as low as 0.02.
Colorado DUI Penalties
Colorado penalties increase with each prior offense, and a fourth DUI or DWAI is a felony. For a first offense, the ranges are shown below, based on the Colorado legislature’s drunk driving law summary . Courts also typically order an alcohol and drug evaluation, education or treatment, and probation. A DUI can also have ripple effects, like qualifying for a mortgage.
| First Offense | Jail | Fine | Community Service | License | Points |
|---|---|---|---|---|---|
| DUI / DUI per se | 5 days to 1 year | $600 to $1,000 | 48 to 96 hours | 9-month revocation | 12 |
| DWAI | 2 to 180 days | $200 to $500 | 24 to 48 hours | No automatic revocation | 8 |
DUID carries the same penalties as DUI. Fines do not include court costs and surcharges.
Why Work With a Sole Practitioner
When you hire me, I handle your case personally from the first call through the last hearing. I keep a limited caseload, I give clients my personal cell phone number, and I speak Spanish. I have practiced law for more than 30 years, including more than three decades in Colorado. I spend my time in the courts of western Colorado and the mountain counties, and I know how DUI cases move through them. Before founding my firm in Carbondale, I practiced with law firms in Denver and San Diego.
Colorado DUI FAQs
How much does a DUI lawyer cost in Colorado?
The fee depends on the charge, your prior record, and whether the case goes to trial. I offer a free consultation and can quote a fee once I know the facts of your case.
Is it worth hiring a lawyer for a first DUI in Colorado?
For most people, yes. A first DUI can bring jail time, a nine-month license revocation, and a lasting record, and a lawyer can challenge the stop and the testing and protect your DMV hearing deadline.
Am I safe to drive if my BAC is under 0.08?
Not necessarily. A BAC above 0.05 can support a DWAI charge, drivers under 21 can be charged at 0.02, and you can be charged with impairment from drugs at any BAC.
What happens if I refuse a breath or blood test in Colorado?
Refusing a chemical test leads to its own license revocation through the DMV, separate from the criminal case. You can still be charged with and convicted of DUI after a refusal.
Can a DUI be removed from my record in Colorado?
A DUI or DWAI conviction generally cannot be sealed in Colorado, but a case that is dismissed or ends in acquittal often can be. That is one reason it pays to fight the charge from the start.
Do you handle DUI cases outside Carbondale?
Yes. I defend DUI cases across western Colorado, including Aspen, Glenwood Springs, Vail, Breckenridge, Gunnison, Montrose, and Grand Junction.
Additional Practice Areas We Offer
In addition to our top-notch DWI and DUI defense, we also offer criminal charges defense for the following charges:
- DUID (i.e. driving under the influence of drugs)
- Traffic offenses
- Theft, larceny, grand theft, and burglary
- White-collar crimes, fraud, and embezzlement
- Assault, battery, and other violent crime charges
- Domestic violence
- Drug possession, distribution, selling, dealing, or drug trafficking
- Attempting to commit crime
- Internet crimes
- Expungement and sealing of criminal records
Retain a Colorado DUI Defense Lawyer Today
Colorado prosecutors are notoriously aggressive, especially when it comes to DUI defendants. As a consequence, attempting to represent yourself is like entering a lion’s den carrying nothing but a slingshot.
You need an experienced fighter on your side.
I, Mark Rubinstein, have been representing DUI defendants for nearly 30 years, and there isn’t much that I haven’t seen before. I am familiar with the local legal systems of Western Colorado, and I know most of the prosecutors. You can contact me, a Colorado DUI defense attorney anytime to discuss your case – I will even give you my personal cell phone number for that purpose.
If you have been arrested for DWI or DUI in Carbondale, Glenwood Springs, Avon, The Vail Valley, Aspen, Breckenridge, Montrose, Gunnison, or Grand Junction – or if you live or work there – call me today or contact me online for a free initial evaluation of your case.