Denver DUI/DWAI Lawyer

When a DUI Charge Threatens Everything, Hire Real Experience.

A DUI arrest in Denver can put your license, your job, and your record at risk within hours. Colorado treats DUI charges seriously, and a conviction can mean jail time, steep fines, and a license suspension that disrupts your daily life. You need clear answers fast, not more confusion.

The stakes get higher the longer you wait. A missed deadline with the DMV can cost you your license even before your court date arrives. Acting early, with the right guidance, protects both your case and your ability to drive.

Dan Butler is a former Denver prosecutor who has handled DUI cases from the other side of the courtroom. He knows how the evidence gets built, and where it tends to fall apart. Call 720-615-7106 for a free consultation, or reach out through the contact form to get started.

A Former Prosecutor Who Knows How DUI Cases Are Built

Dan Butler prosecuted DUI cases in Colorado before he defended them, spending nearly a decade in Colorado’s legal system. That means he already knows which evidence prosecutors lean on hardest, and where their cases run into trouble.

He began his career as a Deputy District Attorney in Colorado's Sixth Judicial District, where he prosecuted DUI, assault, protection order violations, and criminal mischief cases, including taking a felony case to trial and securing a conviction. That record led to his promotion to County Court Supervisor, where he managed his own caseload while mentoring other prosecutors.

Breath and blood tests are not automatically reliable. Machines need regular calibration, and officers need proper training to run a test correctly. A former prosecutor knows exactly which records to request and which questions expose a weak test result.

The same goes for field sobriety tests and the traffic stop itself. Dan reviews the initial stop, the officer's reports, and the dashcam or bodycam footage with the same scrutiny a prosecutor would use to build the case. That insider view gives your defense a real head start.

Prosecutors also decide early which cases are worth taking to trial and which ones they would rather resolve through a plea. 

Dan has sat on that side of the decision, so he knows what makes a case look strong or weak from the state's perspective. That perspective shapes how he negotiates on your behalf, and how he prepares if your case needs to go before a judge or jury.

Colorado DUI Laws and Penalties

Colorado splits impaired driving into three charges based on impairment and blood alcohol concentration, and the charge you face can change your penalties. DUI per se applies at a BAC of 0.08% or higher. DUI and DWAI depend upon the level of impairment, but typically DUI applies at a BAC of 0.08% or higher and DWAI applies between 0.05% and 0.08%.

A first DUI offense is an unclassified misdemeanor under Colorado Revised Statutes § 42-4-1301. The penalties can add up fast, even for someone with no prior record.

Here is what a first offense can carry:

• Jail Time: Up to one year, though courts often suspend part or all of it for a first offense.
• Probation: Up to two years with terms such as alcohol education and testing.
• Fines: Between $600 and $1,000, plus court costs.
• License Suspension: A nine-month revocation through the Colorado DMV, separate from the criminal case.
• Community Service: 48 to 96 hours, set by the court.
• DMV Points: 12 points added to your driving record on conviction.

Penalties climb sharply with repeat offenses. A second or third DUI increases both jail exposure and the length of any license suspension, and a fourth DUI, or any combination of four qualifying prior convictions, becomes a class 4 felony under Colorado law. A felony DUI conviction can carry up to six years in prison, followed by three years of parole.

Colorado's Express Consent Law also affects your license the moment you're arrested. Refusing a breath or blood test triggers a one-year license revocation unless you successfully challenge it through the DMV administrative process, even if the criminal case never results in a conviction. 

The Colorado Department of Revenue's DUI Administrative Process page explains how this license proceeding runs separately from your criminal case, and why winning one doesn't automatically resolve the other.

A high BAC, at or above 0.15%, or a test refusal can also trigger a Persistent Drunk Driver designation, which adds a longer ignition interlock requirement on top of the standard penalties.

What Happens After a DUI Arrest in Denver

A Denver DUI moves through two separate tracks: the criminal court case and a DMV license proceeding. Missing a deadline on either side can hurt you, so understanding the sequence matters from the moment you're released.

The process generally unfolds like this:

• Arrest and Booking: Officers take you into custody, and you may receive a temporary driving permit good for seven days.
• DMV Hearing Request: You have seven calendar days after receiving a Notice of Revocation to request a hearing and contest the license suspension.
• Arraignment: You appear in Denver court to hear the charges and enter an initial plea.
• Pretrial Proceedings: Your attorney reviews evidence, files motions, and negotiates with the district attorney's office.
• Trial or Plea Resolution: Your case either resolves through a negotiated plea, dismissal, or proceeds to trial before a judge or jury.

That seven-day DMV window is easy to miss when you're overwhelmed, and missing it can mean an automatic suspension regardless of what happens in court later.

Common Defenses to a Denver DUI Charge

Every DUI defense starts with the same question: did law enforcement follow the rules at every step? A weakness at any point in the process can affect the strength of the case against you.

Several defense angles come up often in Denver DUI cases:

• Improper Traffic Stop: Officers need reasonable suspicion to pull you over, and a stop without it can undermine everything that follows.
• Probable Cause: If the officer lacked legal grounds to arrest you, a court may exclude important evidence—including blood or breath test results—which can significantly weaken the prosecution's case.
• Breathalyzer Calibration Issues: Testing devices require regular maintenance, and missed calibration records can call the results into question.
• Field Sobriety Test Errors: Officers must administer these tests in a specific, standardized way, and mistakes can affect their reliability.
• Rising BAC: Alcohol can continue to absorb into your bloodstream after you stop driving, which means your BAC at the time of testing may not reflect your BAC while driving.
• Medical Conditions: Certain medical conditions can affect breath test readings and produce a falsely high result.

Body camera and dash camera footage also plays a growing role in Denver DUI defense. Footage that shows a driver speaking clearly, walking steadily, or otherwise appearing sober can directly contradict an officer's written report, especially when combined with a low or borderline BAC reading. 

Reviewing that footage early, before memories fade and before the prosecution builds its narrative around the police report alone, is one of the most valuable steps a defense attorney can take in the first weeks after an arrest.

Which defenses apply depends entirely on the specific facts of your arrest, and a full case review is the only way to know which ones fit.

FAQ for Denver DUI Lawyer

Talk to a Former Prosecutor Today

A DUI charge does not have to define what happens next. Dan Butler brings former-prosecutor insight to every case he defends, starting with a free consultation to walk through what you're facing.

Call 720-615-7106 now or fill out the online contact form to schedule your free consultation with Price Criminal Defense.