DUI/DWAI/DUID
Facing charges related to substance use and driving? You can't afford to go it alone. Contact Attorney Margaret Teigen Steele today.
Anyone can face charges related to driving under the influence or driving while impaired after one simple mistake. Maybe you believed you were sober enough to drive home. Or perhaps your charges arose from a misunderstanding or an improperly conducted traffic stop.
Whatever the case may be, you have the right to defend yourself in court with the help of an experienced attorney. Margaret Teigen Steele has over 25 years of experience representing clients through DUI, DWAI, and DUID cases in Colorado. Let our firm help you understand your options and guide your next steps.
Contact Steele Law Criminal Defense today for more information.
Understanding Colorado DUI and Related Charges
Colorado recognizes several charges related to driving under the influence of drugs or alcohol.
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- DUI (Driving Under the Influence): Operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or driving while impaired by drugs or alcohol to a degree that you cannot operate the vehicle safely
- DWAI (Driving While Ability Impaired): Operating a motor vehicle with a BAC of between 0.05% and 0.079% or while impaired by drugs or alcohol to a degree that you cannot operate the vehicle safely
- DUID (Driving Under the Influence of Drugs): Operating a vehicle while impaired by drugs, whether prescription drugs, over-the-counter drugs, or illegal drugs. DUID does not have a BAC equivalent, and impairment is generally observed through field sobriety tests and driving behavior.
Colorado also recognizes a legal classification of Persistent Drunk Driver (PDD), which is given to:
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- Individuals with certain prior DUI-related convictions
- Individuals driving with a BAC of 0.15 or higher
- Individuals who refuse chemical testing
PDDs can lead to harsher penalties than other DUI/DUID offenses.
As you can see, you can face criminal charges in Colorado even if your blood alcohol concentration levels do not reflect significant impairment. If an officer sees that you were acting impaired while driving, they can charge you with a DUI or DWAI. Colorado's DWAI laws also mean that a BAC level as low as 0.05% can lead to jail time and other penalties.
You need an experienced attorney to provide legal guidance from the moment you are charged with a DUI, DWAI, or DUID.
Penalties for Colorado DWAI/DUID/DUI
The penalties you may face for a DWAI/DUID/DUI conviction depend on whether or not this is your first offense and the severity of the charges. Colorado has mandatory jail times for second and third offenses. For first-offense DWAI charges, a defendant may face between two and 180 days of jail time; for first-offense DUI, a defendant may face between five days and one year in jail.
Convictions may also come with fines that correlate to the severity of the charges. Often, defendants are required to complete public service as part of their sentences.
Being convicted of a DWAI/DUID/DUI can also lead to administrative penalties assessed by the DMV. Penalties may include license revocation and points on your license.
You may also be required to complete a drug and alcohol treatment program, attend a MADD Victim Impact Panel, undergo monitored sobriety for a specific period, and use an ignition interlock device if your license is reinstated.
The penalties of a DUI conviction can follow you for years. Allow our law firm to help you build a strong defense to seek the minimum penalties or disprove your charges.
Possible Defenses for Driving Under the Influence Charges
Attorney Margaret Teigen Steele has defended countless clients facing DUI, DWAI, and DUID charges. We can investigate the circumstances of your arrest and the details surrounding your charges to craft a compelling defense, then represent you in court.
Possible defenses for these charges may include:
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- Challenging the legality of the traffic stop
- Questioning the accuracy of blood or breath tests
- Demonstrating that drug levels were for medical or therapeutic purposes and were not impairing your ability to drive
- Showing that symptoms interpreted as impairment were due to a medical condition
- Asserting that your blood alcohol levels were higher at the time of the blood test than they were at the traffic stop or while driving
- Demonstrating a lack of evidence of impairment due to drugs, a charge that generally relies on subjective evidence rather than standardized testing
Can You Refuse a Field Sobriety Test in Colorado?
Understanding your rights during a traffic stop can help you make informed decisions about how to proceed. The officer may tell you to complete a field sobriety test, but you may wonder whether you are legally required to do so.
In Colorado, field sobriety tests are voluntary and not required. You can refuse a field sobriety test without immediate repercussions. However, an officer can still arrest you based on other evidence, such as erratic driving, odor of alcohol, and slurred speech. After an arrest, you must submit to a chemical test to measure BAC or drug content, and refusing these tests can lead to automatic license revocation and a PDD classification.
Build Your DUI Defense With Attorney Margaret Teigen Steele
If you were charged with a DUI, DWAI, or DUID, now is the time to seek legal counsel. Attorney Margaret Teigen Steele understands that you are not a criminal; you are just facing criminal charges. Allow us to provide strong representation and defense while approaching your case with the utmost respect, compassion, and professionalism.
Consult Our Criminal Defense Attorney Today
Do you need legal representation in any of these criminal law practice areas or require legal guidance outside of these categories?
Request a consultation with Steele Law Criminal Defense today at 303-907-1504 to learn how we can assist you.
Our Practice Areas
Domestic Violence
Restraining Orders
Assault and Menacing
Sex Offenses
Theft and Burglary
Drug Possession and Distribution
Probation Revocations
DUI/DWAI/DUID
Traffic and DMV Hearings
Vehicular Assault/Homicide
Sealing Criminal Records
Gun Charges
Hear From Past Clients
I value building long-term relationships with my clients, and your future success is extremely important to me.
The Steele Law Criminal Defense Difference
You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.
Compassionate Yet Aggressive
I understand the scope of emotions you may be feeling. I approach your case aggressively because I care about your outcomes and your future.
Personalized Attention
Steele Law Criminal Defense is a boutique law firm where you receive personalized, individual attention. I only take on select cases to ensure full dedication.
Thorough Preparation
Criminal cases are never straightforward. I prepare for all possible outcomes so we are never caught off guard throughout your legal process.
Privacy & Discretion
I handle all cases with the utmost privacy. I understand how charges can affect your reputation and do everything to protect it.
Transparent Communication
Staying informed helps you feel in control. You can reach me any time via phone, text, or email with questions.
Proven Experience & Results
With years of experience as a former prosecutor and defender, I have a track record of successful outcomes. I leverage this expertise to fight for the best possible resolution in your case.
Frequently Asked Questions
What is the difference between a DUI and a DWAI in Colorado?
The threshold and the degree of impairment. DUI applies at a blood alcohol content of 0.08 or higher, or when alcohol or drugs leave you substantially incapable of driving safely. DWAI applies between 0.05 and 0.079, or when your ability to drive is affected to the slightest degree. DWAI is the lesser charge, but it still carries jail exposure, fines, and license consequences.
How long do I have to request a DMV hearing after a DUI arrest?
Seven days from the date you are served with the notice of revocation, if you took a breath test or refused testing. If your case involved a blood draw, the DMV mails you a notice with its own response deadline once the lab results come back. Missing that window means the revocation takes effect automatically and you give up the right to contest it.
What happens if I refuse a breath or blood test in Colorado?
Refusal triggers a one-year license revocation for a first refusal, a mandatory ignition interlock requirement, and a persistent drunk driver designation, even if you are never convicted of the DUI itself. Police can also obtain a warrant for a blood draw, and prosecutors are permitted to argue your refusal to the jury as evidence of guilt. Refusing rarely improves your position.
Can I refuse a roadside field sobriety test?
Yes. Roadside maneuvers such as the walk-and-turn and the eye-tracking test are voluntary in Colorado, and declining them carries no automatic license penalty. That is different from the chemical test after arrest, which falls under express consent and does carry penalties for refusal. An officer can still arrest you based on driving behavior, odor, and speech, so declining does not end the encounter.
When does a DUI become a felony in Colorado?
On a fourth offense. A fourth or subsequent DUI, DWAI, or DUI per se conviction is a class 4 felony carrying two to six years in prison, and Colorado has no lookback period, so convictions from decades ago and from other states count. The prosecution has to prove those prior convictions to a jury beyond a reasonable doubt, which is a real point of attack. A DUI causing serious bodily injury or death is charged as a felony regardless of your record.
Representation Across the Denver Metropolitan Area
My legal practice is based in Englewood, CO, but I travel to clients across the greater Denver Metropolitan Area.
If you are located outside of these areas, feel free to reach out to discuss how I can assist you.
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Steel Law Criminal Defense
333 W. HAMPDEN AVE, SUITE 710
ENGLEWOOD, CO 80110
In the meantime, review our 10 things to do once you’ve been arrested.