Colorado DWAI Attorney

The first issue in many Colorado DWAI cases is whether law enforcement had a lawful reason to stop or detain the driver. Police officers must have reasonable suspicion or probable cause to initiate a traffic stop. If the stop was not legally justified, important evidence obtained afterward—including officer observations, field sobriety testing, statements, and chemical test results—may potentially be suppressed. To learn more, visit our Illegal Traffic Stop DUI Defense page.

After the stop, officers must also develop evidence suggesting the driver was impaired. This belief must be based on observable facts rather than mere suspicion. In many cases, police rely heavily on roadside questioning, alleged driving behavior, physical observations, and standardized field sobriety tests to build probable cause for arrest. However, these tests are not always reliable and may be affected by fatigue, anxiety, weather conditions, medical conditions, age, or physical limitations. You can learn more about these issues on our Field Sobriety Test Defense page.

In some cases, officers may request a blood or breath test after arrest. Breath testing is typically conducted using Colorado’s Intoxilyzer 9000 machine, while blood draws are generally performed by medical personnel working with law enforcement. Chemical testing procedures must comply with strict legal and scientific requirements, and problems involving testing procedures, machine calibration, contamination, or timing issues may affect the reliability of the results. To learn more, visit our:

• Challenging Breath Test Results
• Blood Test DUI Defense

Colorado law allows prosecutors to file a DWAI charge when a driver’s blood alcohol concentration (BAC) is 0.05% or higher, or when alcohol, drugs, marijuana, or prescription medication allegedly impaired the driver “to the slightest degree.” In some situations, BAC results may rise between the time of driving and the time of testing, particularly when testing occurs close to the two-hour statutory window. This may create potential Rising BAC DUI Defense issues depending on the facts of the case.

Some DWAI cases also involve disputes over whether the defendant was actually operating or exercising control over the vehicle. For example, a person sleeping inside a parked vehicle may still face allegations of being in “actual physical control” of the vehicle while impaired. These situations are highly fact-specific and may involve significant legal defenses. Learn more on our Actual Physical Control DUI Defense page.

Not every case involves a strong suppression or evidentiary defense. In some situations, focusing on mitigation may help improve the overall outcome of the case. Proactively enrolling in alcohol education classes, beginning therapy or treatment, attending support groups, or participating in voluntary alcohol monitoring can sometimes demonstrate responsibility to prosecutors and judges during negotiations or sentencing.