First Offense DUI Attorney in Denver

Facing Your First DUI In Colorado? Choose Fife Luneau, P.C.

A first DUI charge can turn your life upside down in a single night. You may be worried about your license, your job, and what will happen when you walk into court for the first time. If you are looking for a first offense DUI attorney in Denver, you are in the right place.

At Fife Luneau, P.C., we focus our practice on DUI and criminal defense. Our team works every day with people who have never been in trouble before and now find themselves in the criminal system. We believe in the presumption of innocence, and we treat every client with respect, not judgment.

We are a Denver-based firm that is frequently asked by media outlets to discuss DUI laws and policy in Colorado. That outside recognition reflects the time we devote to understanding how DUI cases are investigated, charged, and prosecuted here. 

If you have been arrested for a first DUI, you can call (720) 408-7130 or reach out online to talk with our DUI lawyers in Denver about what comes next.

Understanding First DUI Offense Laws in Colorado

Colorado law distinguishes between several types of impaired driving, and the specific charge you face depends largely on your Blood Alcohol Content (BAC) or the degree of impairment observed by the officer. Under C.R.S. § 42-4-1301, the state primarily utilizes two categories:

• DUI (Driving Under the Influence): This is typically charged when a driver has a BAC of 0.08% or higher. It implies that the driver was "substantially incapable" of safely operating a vehicle.
• DWAI (Driving While Ability Impaired): Colorado is unique in that it also prosecutes drivers with a BAC as low as 0.05% to 0.079%. A DWAI charge means your ability to drive was affected to the "slightest degree."
• DUI Per Se: This charge focuses entirely on the numerical BAC result (0.08% or higher) regardless of whether you actually appeared impaired to the officer.

If your BAC was 0.15% or higher, Colorado law classifies you as a Persistent Drunk Driver (PDD), even for a first offense. This designation triggers significantly harsher administrative penalties, including a mandatory two-year ignition interlock requirement. Navigating these overlapping statutes requires a Denver first offense DUI lawyer who understands the technical nuances of the Colorado Revised Statutes.

Key Elements the Prosecution Must Prove

For the Denver District Attorney or a municipal prosecutor to secure a conviction, they must prove specific legal elements beyond a reasonable doubt. Our defense strategy involves systematically attacking each of these pillars:

• Operation of a Vehicle: The state must prove you were in "actual physical control" of the vehicle. In cases where an officer finds a person sleeping in a parked car with the heater running, we can often challenge whether the "operation" truly occurred.
• Probable Cause for the Stop: Every DUI case begins with a traffic stop. If the officer did not have a reasonable suspicion that a crime or traffic infraction occurred, all evidence gathered afterward—including breath tests—may be suppressed.
• Lawful Request for Testing: Under the Express Consent Law, an officer must have probable cause to believe you were impaired before they can legally require a chemical test.
• Reliability of the Results: Whether it was a Breathalyzer or a blood draw, the state must prove the equipment was calibrated correctly and that the "chain of custody" for your sample was never broken.

Penalties and Collateral Consequences for a First DUI Offense in Colorado

The consequences of a first DUI conviction in Denver are multifaceted, involving both the criminal court and the DMV.

• Jail Time: While many first offenders avoid jail, the law allows for a sentence of 5 days to 1 year. If your BAC was 0.20% or higher, a mandatory minimum of 10 days in jail is required.
• Fines and Fees: Fines range from $600 to $1,000, but court costs, trauma center fees, and various surcharges often push the total financial hit well over $2,000 before you even consider insurance increases.
• Community Service: You will likely be ordered to perform 48 to 96 hours of "useful public service."
• Alcohol Education: Mandatory Level II Alcohol Education and Therapy classes can last for several months.
• License Revocation: A first DUI conviction triggers an automatic 9-month license revocation. If you refused the chemical test, the revocation is at least one year with no option for early reinstatement for the first two months.

The collateral consequences are equally severe. A DUI conviction stays on your criminal record forever; Colorado does not allow for the expungement or sealing of alcohol-related driving offenses. This can lead to the loss of professional licenses, restricted travel (including to countries like Canada), and significantly higher insurance premiums for years to come.

Additionally, from the date of your arrest (if you took a breath test or refused) or from the date you receive your blood test results, you have only seven days to request a hearing with the DMV. If you miss this deadline, your license will be automatically revoked. Our firm handles this process for you, subpoenaing the arresting officer to find inconsistencies in their testimony that can be used later in your criminal case.

What To Do After A DUI Arrest in Denver

The hours and days after a DUI arrest are often confusing. You may have been released with a summons, a temporary license, and a stack of paperwork that is hard to read when you are stressed. Taking a few key steps early can help protect your rights and your ability to drive.

Consider these immediate actions after a Colorado DUI arrest:

• Review your paperwork to find your first court date and any notice related to a license revocation, then mark those dates clearly.
• Avoid discussing the facts of your case with anyone other than your lawyer, including on social media or in text messages.
• Seek a copy of the Express Consent affidavit or test results if you did not receive them, so deadlines for a DMV hearing can be identified.
• Write down what you remember about the stop, the officer’s instructions, and how testing was offered, while details are still fresh.
• Contact a first offense dui lawyer as soon as you can so you do not miss important choices about court and DMV hearings.

Colorado DMV hearings are separate from the court and have their own rules. These hearings can be scheduled only if they are requested within the time allowed on your paperwork. We help clients understand these time limits and what to expect if a hearing is set, including how evidence is presented there.

If your case is in Denver County Court, we can explain how that court usually handles first settings, advisements of rights, and later appearances. We work to reduce the stress of showing up at court for the first time by preparing you for the questions you may be asked and the choices that may be discussed.

How We Defend First DUI Charges

When defending a first DUI charge, we begin by gathering a complete account of the events before, during, and after the traffic stop. We carefully review the officer’s reason for the stop, the questioning that followed, and any roadside tests requested. We then analyze police reports, video recordings, and breath or blood test records to understand how the arrest developed.

We closely examine whether field sobriety and chemical tests were properly administered and maintained, including breath machine calibration and blood sample handling. Identifying procedural or evidentiary issues can create grounds for legal challenges. With experience in Denver County and surrounding courts, we guide clients through each stage while working to protect their rights, driving privileges, and long-term record.

At Fife Luneau, P.C., we believe in a proactive and exhaustive defense. We do not simply wait for the prosecution to hand over evidence; we go out and get it. Our approach includes:

• Scrutinizing Field Sobriety Tests (FSTs): These tests are designed for failure. We analyze body-cam footage to show that environmental factors like wind, uneven pavement, or even the officer's confusing instructions were the true cause of a "failed" test.
• Challenging Chemical Evidence: We look for "rising blood alcohol" defenses, where your BAC may have been below the limit while driving but rose during the time it took for the police to administer the test.
• Investigating Officer Conduct: We review the officer's training records and the maintenance logs for the specific breathalyzer used in your case.
• Negotiating for Diversion: For first-time offenders with no aggravating factors, we aggressively push for outcomes that may allow the charges to be dismissed or significantly reduced upon the completion of certain conditions.

We also guide you through the Colorado DMV process that affects your driver’s license. Hearings with the Department of Revenue are often held by phone or at designated DMV locations, and they operate under different rules than criminal court. We prepare for these hearings by reviewing reports and test records and by helping you understand what the hearing officer will consider.

Throughout your case, we work to minimize disruptions to your daily life. That includes helping you understand conditions of bond, possible travel limitations, and what probation might involve if your case ends with a sentence. Our goal is to give you a clear picture of the road ahead so you can make informed choices with our guidance.

Talk With Our DUI Attorneys About Your First DUI in Denver

If you are facing a first DUI charge in this part of Colorado, you do not have to sort through court rules and DMV deadlines alone. Our firm focuses on DUI and criminal defense, and we put significant effort into gathering evidence and preparing each case with care.

When you contact us, we explain how the process works, what choices you will likely face, and how we can assist. There is no obligation to hire us after an initial conversation, and we encourage you to ask direct questions about how we work.

Call (720) 408-7130 or reach out online to speak with our first DUI defense lawyers in Denver.

Frequently Asked Questions

Will I go to jail for a first DUI in Colorado?

Jail is a possibility under Colorado law, but many first DUI cases result in alternatives such as probation and treatment, depending on the facts and your history. Courts often consider your blood alcohol level, any accident, and other factors. We explain likely ranges for your situation during a consultation.

What happens to my license after a DUI arrest?

Your license is affected through the Colorado DMV, separate from court. You may have a short deadline to request a hearing after an Express Consent notice or test result. If no hearing is requested, a revocation can take effect. We help identify deadlines and prepare for possible hearings.

Do I really need a lawyer for my first DUI?

You are allowed to represent yourself, but a DUI involves criminal law, evidence rules, and DMV procedures that most people have never seen. A first offense DUI attorney can help you understand defenses, negotiate with prosecutors, and navigate separate license issues so you are not guessing about important decisions.

How will your firm handle my first DUI case?

We start by listening to your account, then gathering reports, videos, and test records. Our team and investigators look for issues with the stop, arrest, and testing. We discuss your goals, explain options in court and at the DMV, and work with you to decide on a strategy that fits your circumstances.

How soon should I contact a DUI attorney after arrest?

It is usually best to contact a lawyer as soon as you can after release. Early involvement allows time to review paperwork, protect DMV hearing rights, and prepare for your first court date. When we speak with you quickly, we can help you avoid common mistakes and organize next steps.

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