Gunnison DUI Lawyer Defending DUI, DWAI, and DUID Charges
If you were arrested for DUI, DWAI, or DUID in Gunnison, Crested Butte, or anywhere in Gunnison County, the next few days matter. A Colorado DUI arrest starts two separate cases: a criminal case in court and an administrative case against your driver’s license. I handle both, and I can meet with you at my Gunnison office on North Taylor Street or at a place that works better for you.
Gunnison and Crested Butte are personal to me. I graduated from Western State College (now Western Colorado University) in 1984, and skiing Crested Butte Mountain Resort in winter and fishing the Gunnison River in summer are still two of my favorite things about the valley. I have practiced law for more than 30 years and have been licensed in Colorado since 1993.
Everyone deserves a fair defense. There is more than one way to fight a DUI, DWAI, or DUID charge in Colorado, and the right approach depends on the facts of your stop, your testing, and your record.
Arrested for DUI in Gunnison or Crested Butte? What Happens Next
Your Driver’s License and the DMV Hearing
After a DUI arrest, the officer will usually take your license and give you a temporary permit. You have only a short window to request a hearing with the Colorado Division of Motor Vehicles. If you miss it, the revocation generally takes effect on its own. Refusing a breath or blood test brings its own license revocation, separate from any court case. Calling a lawyer early is the simplest way to protect that deadline.
Your Criminal Case in Gunnison County Court
DUI cases from Gunnison, Crested Butte, Mount Crested Butte, and the rest of the county are heard in Gunnison County Court, part of Colorado’s Seventh Judicial District, at the Gunnison County Justice Center on East Virginia Avenue. Arrests in the valley can come from the Gunnison Police Department, the Crested Butte Marshal’s Office, the Mount Crested Butte Police Department, the Gunnison County Sheriff’s Office, or the Colorado State Patrol on Highway 50 and Highway 135. I know how these cases move through the local court and can tell you what to expect at each hearing.
DUI vs. DWAI vs. DUID in Colorado
Colorado has three main impaired-driving charges. Which one you face changes the penalties and the defense.
- DUI (Driving Under the Influence): applies when 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): applies when you are impaired to even the slightest degree. A BAC above 0.05 but below 0.08 can support a DWAI charge. Penalties are lighter than DUI.
- DUID (Driving Under the Influence of Drugs): applies to impairment from marijuana, prescription medication, or other drugs. It is usually proven with a blood test and carries the same penalties as an alcohol DUI. Learn more on my Colorado DUID defense page.
Colorado DUI Penalties
Penalties for a first offense, based on the Colorado legislature’s drunk driving law summary. Later offenses carry mandatory jail and longer revocations, and a fourth DUI or DWAI is a felony.
| 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.
How I Defend DUI Cases in Gunnison County
Every case turns on its own facts. I start by reviewing the police report, body and dash camera video, and the testing records. The issues I look at most often include:
- The stop: whether the officer had a lawful reason to pull you over or contact you.
- Roadside tests: whether field sobriety tests were given and scored correctly, which matters on snow, ice, and uneven mountain roads.
- Breath testing: whether the device was certified and the observation period and procedure were followed.
- Blood testing: chain of custody, storage, and lab procedure, which is often the center of a DUID case.
- Timing: whether your BAC was rising after you stopped driving, so the test overstated your level at the wheel.
- Medical factors: conditions that can affect a breath result.
Reducing a DUI to DWAI or Reckless Driving
Not every case goes to trial. When the evidence has weaknesses, I negotiate for a reduced charge such as DWAI or, in some cases, reckless driving. A reduction can mean lower fines, fewer points, and no automatic license revocation. If you are charged with reckless driving or another traffic offense, see my traffic violations page.
Why Work With Mark S. Rubinstein
I am a sole practitioner, so you work with me directly from your first call to the end of your case. You will not be handed off to an associate or a paralegal. I keep a limited caseload so I can give each client real attention, and I give clients my personal cell phone number so they can reach me when they need to.
I have practiced law for more than 30 years and have been licensed in Colorado since 1993. I represent clients in DUI, DWAI, and DUID cases across western Colorado. If you were arrested for DUI in Gunnison or Crested Butte, call me at 970-319-3306 or contact me online for a free consultation.
Practice areas
I limit my practice in the following areas, so that I can continue to develop the focused knowledge that my clients require:
Frequently Asked Questions (FAQs)
Do I need a lawyer for a first DUI in Gunnison?
You are not required to have one, but a first DUI in Colorado can bring jail time, a nine-month license revocation, and a lasting criminal record. A lawyer can challenge the stop and the testing and protect your DMV hearing deadline.
What is the difference between DUI and DWAI in Colorado?
DUI generally applies when a driver is substantially impaired or has a BAC of 0.08 or higher, while DWAI applies to impairment to the slightest degree, often with a BAC above 0.05 but below 0.08. A first DWAI carries lighter penalties and no automatic license revocation.
Can a first DUI be reduced or dismissed in Colorado?
Yes, depending on the evidence. Problems with the traffic stop, roadside tests, or breath and blood testing can lead to a dismissal or a reduction to DWAI or another lesser charge.
How much jail time is a second DUI in Colorado?
A second DUI in Colorado carries mandatory jail time and a longer license revocation than a first offense. The exact sentence depends on the facts of the case and how recent the prior offense was.
What happens to my license after a DUI arrest in Colorado?
A first DUI can lead to a nine-month license revocation through the Colorado DMV, separate from the court case. The deadline to request a DMV hearing is short, so contact a lawyer right away.
Do you meet with clients in Crested Butte?
Yes. I have an office in Gunnison and can meet clients in Crested Butte or elsewhere in Gunnison County at a time and place that works for them.