If you face DUI charges in Boulder, you should have an aggressive lawyer to fight for you. You may be shocked that Colorado DUI laws carry severe penalties that could send you to jail, lead to revocation of your license, and leave you in a big mess. Additionally, the ramifications of a DUI conviction can last a lifetime.
If you are looking for a DUI defense lawyer in Boulder, contact Michael R. Ferrell of the Ferrell Law Firm, PLLC, immediately. As a former prosecutor, he has spent his legal career in court handling numerous DUI cases. His experience gives him great insight into the best DUI defenses. Use Michael Ferrel’s courtroom skills, experience, and knowledge of your constitutional rights to help you when you need it most.
The Constitution Protects Your Rights
The U.S. Constitution declares that you enjoy the presumption of innocence when charged with a crime. The presumption remains with you unless and until the prosecutor proves you guilty beyond a reasonable doubt. The prosecutor always has the burden of proving you guilty; you never have to prove your innocence. Against that constitutional backdrop, we can explain what evidence the prosecution could use to convict you of DUI.
Evidence Needed for DUI Conviction
Colorado’s DUI law codified three related theories the prosecution can use to convict you. These interrelated theories are: driving under the influence (DUI), DUI per se, and driving while ability impaired (DWAI). We will examine each of these separately.
DUI
Colorado law defines DUI as operating a vehicle after consuming alcohol, drugs, or both. The consumption of these substances affects the driver to such a degree that they compromise the driver’s mental or physical ability to exercise clear judgment, maintain sufficient physical control, or use due care. If the prosecutor can show that your degree of intoxication substantially impaired your ability to drive safely, they can prove DUI.
DUI Per Se
DUI per se means that you took a chemical test that yielded a blood alcohol concentration of 0.08% or higher. To establish DUI per se, the prosecutor must prove that you took the test, the test was conducted properly, and the result is accurate.
Colorado has an express consent law. The law says everyone who drives a vehicle in Colorado consents to take a chemical test if the police have probable cause to believe that you are under the influence. The police must administer the test within two hours of your arrest.
If you take a chemical test, the results can make it easier to convict you of DUI. However, refusing the chemical test also has serious consequences.
DWAI
DWAI is a lesser-included offense of DUI. A jury will find DWAI where a person who appears slightly affected by alcohol, drugs, or both is less able to drive safely than they would be if they had not consumed any substance before driving. Now that you’ve learned about the elements used by the prosecution to convict someone of DUI or a related offense, let’s look at some statistics to see how law enforcement responds.
Boulder DUI Statistics
Boulder’s streets pulse with activity, welcoming over 65,779 registered vehicles in 2023. Amid the hustle and bustle, law enforcement remained steadfast in their mission to combat drunk driving, evident in the following statistics:
- Boulder Police made 122 DUI arrests in 2023;
- The Boulder County Sheriff’s Office contributed another 99 DUI arrests; and
- Across Colorado, 16,111 DUI cases were filed in 2022.
These figures underscore the ongoing issue of impaired driving and emphasize law enforcement’s continued vigilance and proactive measures to keep our roads safe. Below we detail the state’s DUI and DWAI penalties.
Colorado DUI Penalties
The chart below shows the penalties associated with the first and subsequent DUI or DWAI convictions.
| Offense | Jail Time | Fines | Probation | License Suspension | DMV Points | Community or Public Service | Ignition Interlock Device |
| Driving Under the Influence | |||||||
| First Misdemeanor DUI | 5 days – 1 year | $600 – $1,000 | Up to 2 years | 9 months | 12 | up to 96 hours + $120 fee | 3 – 8 months |
| Second Misdemeanor DUI | 10 days – 1 year | $600 – $1,500 | 2-4 years | 1 year | 12 | up to 120 hours + $120 fee | 2 years |
| Third Misdemeanor DUI | 60 days – 1 year | $600 – $1,500 | 2-4 years | 2 years | 12 | up to 120 hours + $120 fee | 2 years |
| Fourth DUI | Up to 6 years | $2,000 – $500,000 | Up to 6 years | 2 years | 12 | Up to the court’s discretion | 2 – 5 years |
| DUI (Vehicular Assault) | Up to 6 years | $2,000 – $500,000 | 2 years parole | 1 year | 12 | Not Available | indefinite |
| DUI Vehicular Homicide | up to 12 years | $3,000 – $750,000 | 5 years parole | 1 year | 12 | Not Available | indefinite |
| Driving While Ability Impaired | |||||||
| First DWAI | 2 and 180 days | $200 – $500 | Up to 2 years | None | 8 | 24-48 hrs | n/a |
| Second DWAI | 10-day to 1 year | $600 – $1,500 | Up to 2 years | 1 year | 8 | Up to 120 hours | n/a |
| Third DWAI | Between 60 days and 1 year in jail | $600 – $1,500 | Up to 2 years | 2 years | 8 | up to 120 hours | n/a |
What to Do After a DUI Arrest
No one expects to be arrested under suspicion of drunk driving. We compiled some recommended steps to keep you from making devastating missteps after your arrest.
Remember Your Right to Remain Silent
When you are arrested, law enforcement should advise you of your right to remain silent and to talk to an attorney. Take advantage of this right and ask for a lawyer. The arresting officers may pretend to be interested in your night or earlier activities in an effort to incriminate you. Do not provide law enforcement with any additional evidence to add to their case.
Cooperate with Law Enforcement
While you should refuse to provide extra details to the arresting officers, you should still cooperate with their lawful requests. Ignoring basic instructions or obstructing the officer’s investigation can result in additional criminal charges being filed against you. The last thing you want to worry about is facing more penalties.
Contact a Boulder DUI Defense Attorney to Represent You
A DUI conviction can result not only in criminal penalties but other long-lasting ramifications that affect your future employment opportunities and constitutional rights. Hiring an experienced Boulder DUI lawyer gives you the best chance to minimize these consequences. Your lawyer will determine the best defense for your case, which may include one of the strategies discussed in the next section.
DUI Defenses in Colorado
Each DUI case is different. Accordingly, we must analyze the facts thoroughly to determine the best strategy for your case. After trying numerous DUI cases, we have learned that there are defenses that commonly appear in DUI cases. Examples include:
You Were Not Impaired
This defense argues that you were not under the influence of alcohol or drugs at the time of your arrest. Even if you consumed alcohol, you must be demonstrably impaired to be convicted of a DUI.
Scenario: You had dinner with friends and consumed one glass of wine. Later, you are pulled over for a faulty taillight. You feel entirely sober and pass all field sobriety tests administered by the officer. In this case, your attorney might argue that you were not under the influence despite having some alcohol in your system.
Unlawful Police Stop
The officer must have reasonable suspicion of a traffic violation or criminal activity for a legal stop. They cannot stop you on a hunch, personal grudge, or other unlawful reason. If the stop was illegal, any evidence obtained afterward, like field sobriety tests or breathalyzer results, might be excluded from court.
Scenario: You are driving down the road and see flashing lights behind you. You pull over, but the officer doesn’t mention any traffic violation you may have committed. They ask you a series of questions about your alcohol consumption and then proceed with field sobriety tests. If there was no initial traffic violation or reasonable suspicion of a DUI, your attorney might argue that the entire stop was unlawful.
You Were Not Driving or in Physical Control
This defense applies if you were not operating the vehicle during the alleged DUI.
Scenario: You are at a party and have been drinking. You decide to sleep it off in your car parked on the street. The police arrive and see you slumped over in the driver’s seat with the car turned off. If there’s no evidence you were driving, your attorney might argue you were not in physical control of the vehicle.
Coercion, Duress, Entrapment, or Involuntary Intoxication
This defense argues that you were forced to consume alcohol or drugs against your will or unknowingly. It is based on the premise that your intoxication was not a result of your voluntary actions. This argument can be pivotal in demonstrating that you lacked intent or awareness of consuming the intoxicating substance, potentially leading to the dismissal of charges.
Scenario: Someone at a party spikes your drink with drugs without your knowledge. Later, you are pulled over and arrested for a DUI. In this case, your attorney might argue involuntary intoxication.
Inaccurate Chemical Test Results
Chemical tests such as breathalyzer tests can be inaccurate due to various factors. Faulty equipment, improper administration, or even certain medical conditions can lead to misleading results.
Scenario: You used mouthwash right before getting in your car, or you suffer from a medical condition that can cause a false positive on a breathalyzer test due to residual mouth alcohol. Your attorney might challenge the test results and request a blood test analysis.These are just a few examples. Our DUI lawyer in Boulder can analyze the specifics of your case to determine the most suitable defense strategy.
We will use all the defenses at our disposal to help you. We will work to get your case dismissed or your charges reduced to a careless or reckless driving charge (also known as a wet reckless), so you don’t have a DUI on your record.
Why Do I Need a Boulder DUI Defense Attorney?
A Boulder DUI lawyer can give you the best chance of getting your DUI or DWAI dismissed or getting your charge reduced. An attorney can help someone who is charged with DUI by:
- Uncovering weaknesses in your case. Attorneys meticulously examine police reports, searching for inconsistencies or errors in the procedure that could get your charges dismissed.
- Challenging faulty test results. Breathalyzers and blood tests aren’t foolproof. Your attorney will analyze the results for any issues with administration or handling that could cast doubt on their accuracy.
- Protecting Your rights during questioning. Police interactions can be stressful. Having an attorney by your side protects your rights and prevents you from unknowingly jeopardizing your defense.
- Negotiating for a favorable outcome. Experienced attorneys leverage their legal knowledge and courtroom experience to negotiate plea deals or reduce charges with the prosecutor, minimizing the potential penalties you face.
- Going to trial with confidence. If your case goes to court, your lawyer will build a strong defense strategy, presenting evidence and expert testimony to raise reasonable doubt about your guilt and fight for the best possible outcome.
A Boulder DUI defense lawyer at The Ferrell Law Firm, PLLC, can walk you through every step of the criminal process.
Frequently Asked Questions
What Is the Legal BAC Limit for Driving in Boulder?
In Boulder, Colorado, the legal Blood Alcohol Concentration (BAC) limit for drivers 21 and older stands at 0.08%. For drivers under 21, the limit is even lower, set at 0.05%.
How Much Does a DUI Cost in Boulder?
The total cost of a DUI can soar above $13,500, including fines, legal fees, and increased insurance premiums.
What Are the Differences in Penalties for First-Time vs. Subsequent DUIs?
First-time DUI offenders often face fines, license suspension, and mandatory participation in education or treatment programs. Repeated offenses carry substantially harsher consequences, including incarceration, increased fines, longer license suspensions, and the potential installation of ignition interlock devices.
Am I Required to Take a Breathalyzer Test When Pulled over by Police in Colorado?
Yes, Colorado’s express consent laws apply. This means that if you are arrested for DUI or DWAI while driving with a Colorado license, you’ve consented to a chemical test. While you can refuse, it will lead to an automatic license suspension and potentially harsher penalties if you are convicted.
What If the Police Officer Did Not Read My Miranda Rights During a DUI Stop?
In Colorado, Miranda rights typically apply during police questioning after an arrest. So, a DUI arrest wouldn’t be thrown out solely because you weren’t read these rights. However, if the officer asked incriminating questions before arresting you and you weren’t informed of your Miranda rights, those statements might be excluded from court.
What Are the Long-Term Consequences of a DUI Conviction?
A DUI conviction can cast a long shadow over various aspects of your life, impacting employment opportunities, housing options, insurance premiums, and professional prospects for years to come. Seeking legal counsel is essential to grasp the full scope of its repercussions.
How Can I Find a DUI Lawyer in Boulder?
There are many resources online that can help you find a qualified and experienced DUI lawyer in Boulder. You can also ask for referrals from friends, family members, or other professionals who have dealt with DUI cases before.
Aggressive and Compassionate Boulder DUI Defense Attorney
Call our office today to schedule an appointment. Do not wait to see what happens next. You have important rights, including the right to appeal your license loss, but you have only a short time to take action. Michael Ferrell has been involved in hundreds of criminal matters, and his experience as a prosecutor gives him a strategic advantage in defending criminal charges. With our skills and aggressive defense style, the Ferrell Law Firm could give you the edge you need to beat your DUI charge in Boulder. He has a proven track record of success, including securing license reinstatement after breathalyzer refusal and reducing DUI charges to DWAI. When you choose Mike, you choose experience, dedication, and an aggressive defense style, that fights for what’s at stake- your freedom. Contact the Ferrell Law Firm, PLLC today for the edge you need to beat your DUI charge in Boulder.