When you're arrested for DUI, two separate processes begin: a criminal case in court and an administrative case with the DMV regarding your license. You may be booked into jail or issued a summons, and if your BAC is 0.08 or higher—or you refuse testing—you'll receive notice of an express consent revocation.
At Rocky Mountain Legal Center, we immediately step in to protect your rights on both fronts.
A DUI means your ability to drive was substantially impaired (often tied to a BAC of 0.08 or higher), while a DWAI (Driving While Ability Impaired) can be charged with a BAC as low as 0.05. The penalties for DWAI are generally less severe—but still serious.
Whether it's DUI or DWAI, don't assume the outcome—get professional help from a DUI-focused firm like RMLC.
Yes. DUI cases in Colorado require a court appearance. Even if you plan to plead guilty, your presence is mandatory unless waived by the court.
We appear with our clients at every hearing, keeping them informed and prepared at every step.
It depends. Simple cases may resolve in a month or two, but more complex or contested cases—especially those that go to trial—can take several months. DMV license issues often proceed on a separate track with different deadlines.
At RMLC, we manage the entire timeline for you, ensuring nothing falls through the cracks.
The process usually involves:
Let us handle the legal roadmap—this is what we do, every day.
Penalties may include:
First-time doesn't mean minor. RMLC helps minimize the damage.
The consequences escalate: mandatory jail time, longer revocation periods, higher fines, and extended interlock requirements. A third DUI, depending on the facts, may be charged as a felony.
We help repeat offenders explore every option—from constitutional defenses to treatment-focused resolutions.
Yes. Jail is a possibility for all DUI offenses. It becomes mandatory for second and third offenses, or if aggravating factors exist (like a very high BAC or crash with injury).
At RMLC, we work hard to keep our clients out of jail whenever legally possible.
This is considered an "aggravated DUI" and triggers a Persistent Drunk Driver (PDD) designation. Expect longer interlock periods, mandatory treatment, and often more scrutiny from prosecutors and judges.
We've successfully handled high-BAC cases and know how to challenge inflated results or mitigate the consequences.
Usually, a DUI is a misdemeanor. However, a fourth or subsequent DUI is a Class 4 felony, punishable by 2 to 6 years in prison. Also, DUI causing serious injury or death can result in felony vehicular assault or homicide charges.
If you're facing a felony DUI, you need focused, experienced defense. Contact Rocky Mountain Legal Center immediately.
Very likely, yes. If your BAC was 0.08 or higher—or you refused a chemical test—the Colorado DMV will initiate an administrative revocation of your license, separate from any court case. This can happen even if you're never convicted in court.
The DMV process is harsh but beatable. RMLC can help fight to keep you on the road.
This is your opportunity to contest the automatic license revocation by the DMV. It's an administrative hearing that focuses solely on whether the officer had legal grounds to request a test and whether you failed or refused that test.
You only have 7 days to request this hearing. We take care of that for our clients—immediately.
You or your attorney must formally request an Express Consent Hearing within 7 days of your arrest. This is typically done through a written request submitted to the Colorado Division of Motor Vehicles.
One missed deadline can cost you your license. Call Rocky Mountain Legal Center—we'll handle the process correctly and on time.
If you don't request a hearing in time, your driver's license will be automatically revoked—even if the criminal case is later dismissed. The revocation can last for 9 months or longer, depending on your case.
We cannot stress this enough: Call us immediately after your arrest.
Yes, in many cases you may be eligible for early reinstatement of your driving privileges with the installation of an ignition interlock device. Eligibility depends on the type of offense and whether you refused testing.
RMLC guides clients through interlock eligibility and helps get them driving legally again.
It's a breath-testing machine installed in your vehicle that prevents it from starting if alcohol is detected. You may be required to install one for months or years depending on your offense and BAC.
We'll help you understand when and how to get interlock-restricted driving privileges
If you fail a chemical test, you face a 9-month revocation. Early reinstatement may be possible after 1 month with interlock installation. If you refuse testing, the revocation jumps to 1 year, and early reinstatement is much more restricted.
There's often more flexibility than you think. RMLC will assess your options.
Colorado will revoke your privilege to drive in the state, and your home state may impose additional penalties. If you're licensed elsewhere, you must still request a DMV hearing here to challenge the revocation.
We represent tourists and out-of-state drivers frequently—don't ignore your Colorado DUI.
No. The DMV hearing is completely separate and uses a lower burden of proof. However, testimony and findings from the DMV hearing may be relevant later in court.
We handle both tracks in tandem so your defense is coordinated and consistent.
Yes, but the deadlines are tight and the grounds for appeal are limited. It's better to fight the revocation proactively at the hearing stage.
Let us fight it before it sticks. RMLC has successfully defended license revocations statewide.
Refusing a chemical test in Colorado triggers an automatic 1-year license revocation, even if you're later found not guilty in court. You'll also be designated a Persistent Drunk Driver, which brings additional penalties and interlock requirements.
We frequently represent clients who refused testing—call RMLC to explore your defense options.
In some circumstances, yes. If the police obtain a search warrant or if there are aggravating factors (like a serious crash), they can compel a blood draw—even over your objection.
Whether you consented or not, we'll examine whether your rights were violated during the process.
Not as foolproof as many believe. Breath tests are subject to calibration errors, operator mistakes, and physiological factors like acid reflux, diabetes, or recent mouth alcohol (e.g., mouthwash).
We challenge bad science. RMLC is experienced in scrutinizing and attacking unreliable test results.
Absolutely. Chemical test results can be suppressed if the test was improperly administered, the machine wasn't maintained, or chain of custody was broken.
We've successfully had BAC evidence thrown out. Let us review your case.
Miranda rights apply only to custodial interrogation, not to DUI testing. However, failure to properly advise you of Colorado's express consent law might still impact your case.
This is where nuance matters. Contact RMLC to determine if your rights were violated.
No. Field sobriety tests (FSTs) are voluntary in Colorado. You can politely decline them. Officers often use them to build probable cause for arrest, but they're highly subjective and not always reliable.
If you performed FSTs, we'll evaluate whether they were administered fairly and legally.
The three SFSTs approved by the NHTSA are:
RMLC attorneys are trained to spot deviations that undermine their credibility.
Conditions like vertigo, old injuries, age, or obesity can impact your ability to perform field sobriety tests—even if you're stone sober. Officers often overlook these factors.
We make sure your medical background is part of your defense.
Yes. If the officer believes the tests show signs of impairment, that alone can justify an arrest. However, this is often where cases are weak and vulnerable to attack.
RMLC will examine whether the officer jumped to conclusions not supported by the facts.
"Mouth alcohol" refers to alcohol residue in the mouth from things like mouthwash, breath strips, or recent drinks. It can cause falsely high breathalyzer results.
We know how to use this science to your advantage.
Yes, DUI charges can be dismissed if there's insufficient evidence, illegal police conduct, faulty testing, or other constitutional violations. Every case is different, and dismissal requires a strategic, fact-specific approach.
At RMLC, we've had DUI cases thrown out entirely—let us review yours.
Some of the most effective defenses include:
We evaluate every angle to find the defense that fits your case best.
In Colorado, the prosecution must prove you were "in actual physical control" of a vehicle. If no one saw you driving, or you were found parked safely, that can be a powerful defense.
This defense is often misunderstood. RMLC knows how to build it right.
Absolutely. Fatigue, diabetes, neurological issues, and even anxiety can mimic signs of intoxication during field sobriety tests or officer observations.
We bring in medical and scientific evidence to show the truth.
Miranda rights are only required during custodial interrogation. If they weren't read and you made incriminating statements during questioning, those statements might be suppressed—but it won't automatically dismiss your case.
We'll determine whether your rights were violated and what impact it could have.
Yes. If negotiations don't lead to a favorable resolution—or if you're innocent and want your day in court—we can take your case to trial. RMLC has trial experience that spans decades and dozens of jury verdicts.
We're not afraid of trial. When necessary, we fight all the way.
Failure to follow proper DUI protocol—such as how you were stopped, arrested, tested, or advised of your rights—can result in the suppression of evidence or dismissal of charges.
We hold law enforcement accountable to the rules.
Yes. A failed test doesn't automatically mean guilt. Machines malfunction. Tests are misread. Procedures are violated. You always have the right to contest the charges.
Many of our clients have fought "slam-dunk" test results—and won.
Alcohol takes time to absorb into your bloodstream. You might have been under the limit while driving but over it by the time you were tested. This is especially relevant if there was a delay between driving and testing.
We use toxicology experts to raise this powerful defense where appropriate.
Yes. Even if you believe the evidence is strong, we may be able to reduce the charges, avoid jail, preserve your license, or lessen long-term consequences.
Don't assume the worst. Let RMLC evaluate your case—you may have more options than you think.
Because DUI law is complex, and the consequences are serious. From license revocation to jail time and long-term insurance hikes, a conviction can impact every area of your life. An experienced DUI attorney understands how to navigate both the courtroom and the DMV system.
At RMLC, we handle DUI cases exclusively—so you're getting focused, local expertise.
We are the only law firm in the Durango area that devotes its entire practice to DUI defense. With nearly 30 years of trial and post-conviction experience, we know the science, the statutes, and the strategies. We're local, we're accessible, and we care.
You won't find another firm in the region with this level of dedication to DUI defense.
Bring any documents you received during your arrest (ticket, notice of revocation, bond paperwork), a copy of your driver's license, and any notes or details you recall from the incident.
Don't worry if you forget something—we'll help you gather everything you need.
Technically, yes. But it's not recommended. The law is full of traps for the unwary—procedural deadlines, evidence suppression, plea negotiations, and license issues that can easily be mishandled.
Even attorneys hire DUI specialists when they're in trouble. Don't go it alone.
A local DUI attorney knows the judges, prosecutors, and court staff—plus the nuances of local law enforcement. That familiarity can lead to better outcomes and smoother communication.
Rocky Mountain Legal Center isn't just a name—we're based in Durango and focused on this community.
Yes. We manage both cases in parallel. The DMV and criminal courts don't talk to each other, but your defense must address both.
We make sure you don't fall through the cracks between systems.
Yes, in most cases. We offer clear, flat-fee pricing and work with clients to make representation accessible.
You deserve excellent defense, and we'll do our best to make it possible.
Yes. If you're not satisfied with your current representation, you have the right to change attorneys. We can help ensure a smooth transition and review what's already been done in your case.
We're happy to offer second opinions—confidential and without pressure.
Absolutely. While many DUI cases resolve through negotiation, we are trial-ready and experienced in front of juries.
We don't bluff. If trial is the best route, we go in prepared.
You can call us at (970) 712-5850, email us at wade@whiddenlegal.com, or use the contact form on our website. We offer consultations and are happy to discuss your case.
If you're facing a DUI, don't wait. Early intervention can make all the difference.
CDL holders are held to stricter standards. A BAC of just 0.04 can result in disqualification, even while driving a personal vehicle. A DUI conviction can mean a one-year suspension of your CDL—or lifetime disqualification for a second offense.
If your livelihood depends on your license, don't gamble. RMLC aggressively defends commercial drivers.
Colorado can revoke your privilege to drive here, and your home state will likely impose its own penalties through the Driver License Compact. You must address both jurisdictions.
We represent out-of-state clients regularly and help coordinate your defense back home.
Drivers under 21 can be charged with DUI if their BAC is 0.02 or higher. The penalties include automatic license revocation, fines, alcohol education, and potentially a permanent mark on your record.
Young drivers have a lot to lose. We focus on preserving their future.
Yes. Even if you're visiting from another state or country, you're subject to Colorado DUI laws. You may be required to return for court or authorize a local attorney to appear on your behalf.
We handle vacation DUIs often—our clients appreciate having a local, experienced lawyer on their side.
If you were in an accident—even without injuries—you can face enhanced penalties. If someone was seriously hurt or killed, you may be charged with vehicular assault or vehicular homicide, which are felonies.
RMLC treats these cases with the urgency and strategy they demand. We coordinate with accident reconstruction experts when needed.
This is a serious aggravating factor. You could face additional charges, longer jail time, and mandatory consecutive sentences.
We'll explore whether your prior suspension was lawful and work to consolidate or mitigate the charges.
Yes. Colorado has a legal THC blood limit of 5 nanograms, and law enforcement uses DREs (Drug Recognition Experts) to build cases. Even prescription or over-the-counter drugs can result in DUI charges.
We know how to challenge drug-based DUI cases, including THC and prescription meds.
You can still be charged with DUI if the officer believes you were in "actual physical control" of the vehicle. Courts look at factors like where you were parked, keys in the ignition, and engine status.
We've successfully defended "sleeping DUIs"—ask us how we can help.
Yes, in Colorado, operating any vehicle (including bicycles and scooters) while impaired can result in DUI charges. Penalties are often the same as for traditional vehicles.
We've handled unconventional DUI cases—and we know where the law gets murky.
A PDD designation applies if you:
We help clients remove the PDD label when possible and navigate its consequences when necessary.
