If you’re driving home after a night out with friends in downtown Fort Collins, the last thing you expect is to be pulled over and charged with DUI. Like most other states, Colorado is tough on drinking and driving, and even a first-time conviction can result in jail time, fines, license suspension, and mandatory community service. It’s also not unusual for someone to be wrongly accused of DUI after a faulty breathalyzer reading or failed roadside test. These cases are often based on officers’ judgment calls and “observations” more than anything else.
At Colorado Lawyer Team, we can help you fight your DUI charges. It starts by reviewing what happened: did the officer have probable cause to stop you? How conclusive were the field sobriety tests? Was the breathalyzer properly calibrated? Our Fort Collins DUI lawyers care about your future and will fight to either prevent a conviction or mitigate the long-term consequences of a DUI arrest, starting now.
Why Hire Colorado Lawyer Team For Your DUI Charges in Fort Collins?
When you’re charged with DUI, you need a criminal defense attorney who’s prepared to go the extra mile for you. These cases usually depend on how the arrest was handled, what evidence the police collected, and how the tests were administered. Colorado Lawyer Team offers clear communication, practical options, and detailed case reviews. Here’s what you can expect from us:
- Years of Experience in DUI Representation: We’ve reviewed dozens of DUI arrests involving Fort Collins Police Services, Colorado State Patrol, and Larimer County deputies. We know the patterns in how stops are made, what details are often missing from reports, and where errors tend to happen during roadside tests. Heck, we’ve even taught these tests to cops before (admittedly while prosecuting the cases, but it helps to go through a “designated drinker” lab with officers). That background helps us spot issues in your case that might otherwise be overlooked.
- Consistent and Direct Communication: Our Fort Collins DUI lawyers respond to questions without delay and keep you informed through secure messaging and scheduled check-ins. You’ll know what your next court date is, what documents we need from you, and what we’re doing to move your case forward. We don’t make promises we can’t keep and don’t leave you guessing about where things stand.
- We Meet Demands of DUI Defense: We handle the full scope of your defense, from your first appearance at the Fort Collins Justice Center to the final resolution. That includes reviewing police reports, managing deadlines, and advocating for you in court.
- Thorough Investigation: We examine body cam footage, test records, and officer reports to identify errors or weak points in the prosecution’s case. If the traffic stop wasn’t justified, if the roadside test instructions were vague, or if the chemical testing equipment wasn’t properly maintained, we raise those issues with the court. We have great defense experts in all areas of DUI, including police procedures and forensics.
- Defense Strategy Tailored to You: A DUI charge can interfere with your job or studies, cause problems with custody arrangements, or trigger immigration consequences. We ask early on what parts of your life could be affected, then tailor our strategy to help protect what matters to you, like keeping your license so you can work or avoiding jail time that could put your job at risk.
A DUI arrest in Fort Collins can lead to license suspension, jail time, and other long-term consequences. We’ve handled cases involving CSU students, working professionals, and drivers with prior offenses, and know how to address the challenges each case brings. If you’re facing charges in Larimer County, we’re prepared to review the evidence, challenge weak points in the arrest, and help you work toward a better outcome.
Colorado DUI Laws
DUI laws in this state apply to alcohol, marijuana, prescription medications, and other substances that impair your ability to drive. The charges and penalties depend on your blood alcohol content (BAC), your prior record, and the type of substance involved.
DUI, DWAI, and DUID: What’s the Difference?
Colorado law separates impaired driving into different categories:
- DUI (Driving Under the Influence): This charge applies if your BAC is 0.08% or higher, or if law enforcement believes you’re substantially impaired by alcohol or drugs.
- DWAI (Driving While Ability Impaired): You can be charged with DWAI if your BAC falls between 0.05% and 0.079%, or if the officer believes you show signs of slight impairment.
- DUID (Driving Under the Influence of Drugs): This applies when you’re impaired by marijuana, prescription medication, or other drugs, even if alcohol isn’t involved or your BAC is below the legal limit.
Drivers under 21 are subject to a zero-tolerance rule. If a chemical test shows a BAC of 0.02% or higher, you can face penalties even without meeting the threshold for DUI or DWAI.
What Penalties Apply to a DUI in Fort Collins?
Penalties for DUI in Colorado increase with prior convictions and higher BAC levels:
- First Offense: You can face up to one year in jail, a fine of up to $1,000, and a nine-month license revocation. The court may also order alcohol education, probation, and a significant number of hours of community service.
- Second Offense: A second conviction brings mandatory jail time, increased fines, a possible one-year license suspension, and a requirement to install an ignition interlock device for at least two years.
- Third Offense: With a third conviction, you face much longer jail sentences, higher fines, and more restrictive driving privileges. The court will also require the installation of an ignition interlock device and may impose extended probation.
- Felony DUI: A DUI becomes a felony if it’s your fourth offense in your lifetime (this is why DUI cases can never be sealed in CO). This charge carries a potential prison sentence and creates a permanent felony record.
In addition to the court penalties, the Colorado DMV can suspend your license even if your criminal case is dismissed or reduced. You must request a DMV hearing within seven days of your arrest, or the suspension takes effect automatically, so the sooner you speak to a Fort Collins DUI lawyer, the better chance you have of protecting your driving privileges.
Note: If you hold a commercial driver’s license (CDL), the legal BAC limit is 0.04%, even while driving your personal vehicle because of federal law. A DUI conviction results in a one-year disqualification from commercial driving for a first offense. A second offense leads to a lifetime disqualification. Many employers won’t keep drivers on staff if their CDL is suspended, even temporarily and Colorado is required to follow anti-masking laws.
DUI With Aggravating Factors
Some DUI cases can lead to more serious charges. These aggravating factors may affect how the prosecutor approaches your case, limit your sentencing options, or even raise the charge from a misdemeanor to a felony. If any of these issues apply to your situation, speak to a DUI defense attorney immediately.
- DUI Involving a Crash or Injuries: If someone was hurt in a crash linked to your DUI, prosecutors may add charges such as vehicular assault. Courts tend to treat these cases more seriously, especially if children or pedestrians were involved.
- Driving With a Suspended or Revoked License: If your license was already suspended or revoked at the time of the arrest, you could face additional charges and longer jail time. Judges are less likely to approve probation or alcohol monitoring instead of jail in these cases.
- High BAC (0.15% or Higher): Colorado classifies a BAC of 0.15% or above as a “high BAC” DUI. A “High BAC DUI” in Colorado is often referred to as a Persistent Drunk Driver (PDD) offense. This classification triggers specific mandatory penalties, even for a first offense, as well as additional DMV consequences. This triggers mandatory jail time and longer ignition interlock requirements, even for first-time offenders. You may also be required to complete additional alcohol education and treatment before regaining your license.
- Repeat DUI Offenses: Each additional DUI conviction carries longer jail sentences, higher fines, and stricter license penalties. The DMV will also usually classify repeat offenders as Persistent Drunk Drivers (PDD). By the time someone reaches a third DUI, the court may impose mandatory jail time and limit eligibility for probation. A fourth DUI can be charged as a felony, which carries prison time and a permanent felony record.
- Child Passengers in the Vehicle: Driving under the influence with a child in the car may lead to additional charges such as child abuse. Prosecutors treat these cases as high-risk, and judges may increase jail time or place restrictions on your parental rights. These charges can also affect child custody cases or background checks related to childcare and education jobs.
DUI Court Process in Fort Collins
After a DUI arrest in Fort Collins, you’ll face both administrative DMV and criminal court proceedings. The Colorado DMV handles license-related issues, while the criminal case proceeds through Larimer County courts – typically at the Fort Collins Justice Center. Each part has its own deadlines, and missing one can lead to a license suspension or additional penalties. Most of the DMV correspondence will be labeled as coming from the “Department of Revenue,” which oversees the DMV.
What Happens After a DUI Arrest?
Once you’re arrested, police may take you to jail or release you with a summons, depending on the circumstances. If you took a breath test, the results are usually available immediately. If you submitted to a blood test, results may take several months. You’ll also receive paperwork that includes your court date and instructions on how to request a DMV hearing. You must request that hearing within seven days to have a chance at keeping your license.
Your First Court Appearance
Your first appearance (called an arraignment) usually takes place within a short time of the arrest. During this hearing, the judge will inform you of the charges and ask how you wish to plead. The prosecutor may offer a plea deal, but you don’t have to make any decisions right away. A DUI lawyer can attend this hearing with you or on your behalf in some cases, and early legal representation can help you avoid choices that limit your options later.
Pretrial Motions and Negotiations
Many DUI cases involve motions to exclude evidence, such as field sobriety tests or chemical test results. If the stop was unlawful or the testing was mishandled, we may ask the court to suppress that evidence. Many clients make statements to officers, and we are also always looking for whether those admissions were legally obtained (hint: not everyone is entitled to a Miranda warning, so it’s best not to say anything at all!). In other cases, we negotiate with prosecutors for reduced charges, such as a plea to DWAI, or alternative sentencing options that avoid jail time or let you keep your license.
Trial and Sentencing
If your case goes to trial, a jury will hear testimony and review evidence before deciding on a verdict. DUI trials in Fort Collins follow the same structure as other criminal trials, but they rely heavily on technical issues such as BAC levels and police conduct. If you’re convicted, the judge will sentence you based on the offense level, your record, and any aggravating factors. Sentencing may include jail time, probation, fines, community service, and alcohol monitoring.
Common Defenses Against DUI Charges
Not every DUI charge leads to a conviction. In many cases, there are problems with how the stop was made, how the tests were handled, or how the evidence was documented. Issues like the following can give you a stronger position during negotiations or in court.
- No Justification for the Stop: The police need a valid reason to pull you over, such as a traffic violation, erratic driving, or equipment issues like a broken taillight. If the officer stopped your vehicle without a lawful reason, we can ask the court to suppress the evidence gathered afterward. Dashcam or bodycam footage, dispatch logs, and police reports can help show that the stop wasn’t supported by facts.
- Unreliable Field Sobriety Tests: Standardized field sobriety tests require proper instructions and fair conditions. If you were asked to perform tests on uneven ground, in poor lighting, or without clear directions, the results may not be reliable. We also consider health conditions, injuries, or nervousness that may have affected your performance.
- Flawed Breath or Blood Test Results: Chemical test results can be challenged if the equipment wasn’t calibrated correctly, the sample wasn’t collected properly, or the testing timeline raises questions. Maintenance logs, test certifications, and chain-of-custody documents can all play a role in challenging the results. If the testing doesn’t meet the associated standards, the court may exclude it.
- Medical or Personal Factors: Certain medical conditions, such as diabetes, acid reflux, or neurological issues, can interfere with chemical test results or mimic signs of impairment. If these factors applied to you during the arrest, we gather medical records or expert opinions to explain how they may have influenced the outcome.
- No Credible Evidence: Sometimes, the police report leaves out facts that could work in your favor. If the officer’s version of events raises questions, we’ll point out those gaps and use them to challenge the credibility of the evidence.
Speak to a Fort Collins DUI Lawyer Now
If you’ve been charged with DUI in Fort Collins, an experienced criminal defense attorney can help you fight it. At Colorado Lawyer Team, we’ve handled DUI charges across Larimer County and will go the extra mile to help you protect your future. For more information or to schedule a free consultation with our legal team, call (970) 344-9401 or contact our law firm online today.