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Breckenridge DUI Defense Attorneys

Are You in Need of Summit County DUI Lawyers?

Whether you're a local resident or a visitor enjoying the slopes and nightlife of Breckenridge, a DUI charge can derail your life in an instant. At Whitaker & Penix, LLC, we bring former prosecutor experience, trial readiness, and a personal approach to every DUI case we handle.

Our attorneys Kylie Whitaker and Ehren Penix handle DUI cases throughout the 6th Judicial District, including Summit, Eagle, Lake, and surrounding counties. You deserve legal representation that’s informed, dependable, and committed to protecting your rights.

Why Choose Us Over Other DUI Defense Attorneys in Summit County?

At Whitaker & Penix, LLC, our legal team has earned the respect of both the legal community and the clients we serve across Summit County and beyond.

A+ Rating from the Better Business Bureau: Our firm is proud to hold an A+ rating from the Better Business Bureau, reflecting our commitment to integrity, transparency, and outstanding client care in every case we handle.
Accredited by the Better Business Bureau: This accreditation demonstrates our adherence to the highest standards of business ethics and legal professionalism, giving our clients confidence in the quality of our services.
Kylie Whitaker Named a Rising Star by Super Lawyers: Super Lawyers selects only a small percentage of attorneys in each state for its Rising Stars list. Kylie Whitaker earned this recognition due to her significant professional accomplishments and exceptional peer reviews, making her one of Colorado’s standout young attorneys.
Prosecutorial Experience: Before co-founding Whitaker & Penix, Kylie served as a prosecutor in Summit County for seven years while Ehren spent time as a criminal prosecutor. Both of our lawyers possess litigation skills and a strategic mindset.

Call Today for a Free Consultation

If you’ve been arrested for DUI, call Whitaker & Penix, LLC at (970) 368-0602. We’ll tell you what you need to know.

Reasons to Contact a Lawyer Right Away

If you've been arrested for DUI, your time to act is limited. Here's why you should speak to a Breckenridge criminal defense attorney immediately:

DMV License Suspension Begins Quickly – In Colorado, you have only 7 days after a DUI arrest to request a hearing with the DMV to prevent your license from being automatically suspended.
Evidence Can Disappear – Witnesses forget details, surveillance footage may be deleted, and physical evidence can degrade. An early investigation preserves crucial defenses.
Prosecutors Get to Work Fast – The district attorney may already be building a case against you. You need a strong legal advocate doing the same for you.
Court Deadlines Must Be Met – Missing a hearing or failing to comply with conditions of release can make your situation worse.

What Are Colorado’s DUI Laws?

Colorado has some of the toughest DUI laws in the country. These laws apply to alcohol, cannabis, illegal drugs, and even prescription medications.

With regards to marijuana, a driver can be charged with driving under the influence of drugs (DUID) if their blood contains 5 nanograms or more of delta¬–9 THC while operating a vehicle. Officers can also test drivers for other drugs, including street drugs like ecstasy and prescription medication, which can also lead to a DUID.

Blood Alcohol Content (BAC) Limits in Colorado

Colorado sets specific BAC thresholds depending on the type of driver and their age. These thresholds determine whether you’re considered legally impaired and dictate what charges and penalties you may face:

DWAI (Driving While Ability Impaired): BAC 0.05% to 0.079%
Even if your BAC is under the traditional 0.08% threshold, you can be charged with DWAI if there’s any sign your ability to drive was even slightly affected.
DUI (Driving Under the Influence): BAC 0.08% or higher
At or above this level, you are presumed to be legally intoxicated and may be charged with DUI, even if you were driving cautiously.
DUI Per Se: BAC 0.08% or higher, regardless of impairment signs
If a breath or blood test confirms a BAC of 0.08% or above, you may be convicted based on that test alone, whether or not you seemed impaired behind the wheel.
High BAC (Persistent Drunk Driver): BAC 0.15% or higher
Drivers testing at this level are classified as persistent drunk drivers and face enhanced penalties, even on a first offense. These include mandatory ignition interlock and alcohol treatment requirements.

Commercial Driver’s License (CDL) Holders

If you hold a commercial license, your livelihood could be at risk, even if you weren’t driving a commercial vehicle at the time of your arrest.

DUI for CDL Drivers: BAC 0.04% or higher
Commercial drivers are held to a higher standard, and even a BAC as low as 0.04% can result in a DUI charge if you’re operating a commercial vehicle.
Additional Penalties for CDL Holders:
- Immediate disqualification of CDL for at least 1 year, even on a first offense
- Harsher penalties for refusal to test or DUI convictions in any vehicle, not just a commercial one
- A second DUI offense may result in a lifetime CDL disqualification

Drivers Under 21

Colorado has a strict zero-tolerance policy for underage DUI offenders.

BAC of 0.02% or higher results in UDD (Underage Drinking and Driving)
Colorado enforces a strict zero-tolerance policy for drivers under 21. A BAC as low as 0.02% can lead to serious consequences, including license suspension and a criminal record.
Penalties may include:
- Fines and court fees
- Mandatory alcohol education classes
- License revocation
- Community service
- Escalation to standard DUI charges for higher BACs or repeat offenses

Arrested for DUI in Summit County?

Call Whitaker & Penix, LLC at (970) 368-0602 to speak with a former prosecutor who knows how to protect your rights.

DUI Penalties in Colorado

DUI convictions in Colorado come with serious, long-lasting consequences.

First Offense

Even for first-time offenders, Colorado imposes penalties that can disrupt your life.

Up to 1 year in jail (typically not mandatory unless aggravating factors are present)
Fines up to $1,000
Driver’s license revocation for 9 months
Up to 96 hours of community service
12 hours of alcohol education and potential level II therapy
Possible ignition interlock requirement (especially if BAC is 0.15% or higher, which is classified as a “persistent drunk driver”)
12 points on your driver’s license, which can affect insurance rates
Court costs and surcharges, which may significantly exceed the base fine
Probation, typically lasting up to 1–2 years

Second Offense

Colorado law mandates jail time for second DUI convictions, whether or not the first offense occurred in Colorado, and imposes stricter restrictions and supervision.

Mandatory minimum of 10 days in jail, up to 1 year
Fines up to $1,500
Mandatory 1-year license revocation
48–120 hours of community service
Level II alcohol education and therapy required
Ignition interlock device required for at least 2 years
Court-ordered monitored sobriety
Possible vehicle immobilization or forfeiture
Probation for up to 2 years

Third Offense

A third DUI conviction comes with severe penalties and may push your case close to felony-level consequences, especially if aggravating factors are present.

Mandatory minimum of 60 days in jail, up to 1 year
Fines up to $1,500, plus additional court fees and surcharges
2-year license revocation
Required installation of an ignition interlock device for at least 2 years
Designation as a Habitual Traffic Offender (HTO), which may result in extended loss of driving privileges
Significant community service requirements (often up to 120 hours)
Extended probation, mandatory sobriety monitoring, and alcohol/drug treatment
Insurance consequences, including SR-22 filing requirements and substantial premium increases

Felony DUI

Felony DUI charges can stem from:

Causing serious bodily injury (vehicular assault)
Causing death (vehicular homicide)
A fourth DUI conviction, even if no accident occurred

Felony DUI penalties include:

2 to 6 years in Colorado state prison
Mandatory 3 years of parole
Fines of up to $500,000
Permanent felony conviction on your criminal record
Loss of voting rights and firearm ownership during incarceration and parole
Long-term ignition interlock requirements
Substantial impact on employment, housing, and professional licensing

Out-of-State DUI Arrests in Colorado

Breckenridge is a tourist destination. If you’re from out of state and were arrested for DUI while visiting, your situation is complicated, but we can help.

A Colorado DUI arrest will likely follow you back home through the Interstate Driver’s License Compact, which allows states to share information on DUI convictions. That means your home state may impose its own penalties in addition to those in Colorado.

We routinely work with out-of-state drivers and can often appear in court on your behalf so you don’t have to travel back for every hearing. We also know how to coordinate with legal counsel in your home state if necessary.

How a DUI Lawyer Can Help

Whether you're a Colorado resident or an out-of-state visitor, here’s what hiring Whitaker & Penix, LLC can offer you:

Knowledge of Local Legal Landscape – From court procedures to knowing what local judges and prosecutors prioritize, we bring critical insight to every case.
Protection of Your Rights – DUI arrests can involve unlawful searches, improper police conduct, or unreliable tests. We protect your rights at every step.
Minimization of Life Impact – A conviction can affect your job, insurance, housing, and freedom. We work to reduce charges, penalties, or get cases dismissed altogether.
Strong Courtroom Defense – If a trial is your best option, you can trust our extensive courtroom experience to guide you through it.

We’re not just here to defend you; we’re here to support and guide you through one of the most difficult times in your life. Our firm is known for accessibility, honesty, and putting in the hard work for every single client.

Speak With a Trusted DUI Lawyer in Summit County

At Whitaker & Penix, LLC, we bring deep knowledge of Breckenridge courts to every DUI case we handle. Whether you're a local resident or an out-of-state visitor, we’ll guide you through the process and fight for the best possible outcome.

Call (970) 368-0602 for a free consultation.

What Clients Are saying About Us

Absolutely amazing - Foster Edwards (xXmusicislifeXx) (5-Star Google Review)

Kylie is absolutely amazing. She took her time and definitely was reasonably priced for how awesome of a lawyer she is and how outstandingly she handled my case. She went above and beyond and got my case dismissed. Super grateful and happy!

I would highly recommend him to anyone - Heather Kutchery-Moore (5-Star Google Review)

Ehren was very professional, went out of his way to assist with my case, and he was very compassionate to my situation. I would highly recommend him to anyone who needed a good lawyer.

DUI Defense FAQs

What should I do right after being arrested for DUI in Breckenridge or Summit County?

Act quickly. Request a DMV hearing within 7 days to avoid automatic license suspension and contact a DUI defense attorney immediately to protect your rights and begin building your defense.

Will I lose my driver’s license after a DUI arrest in Colorado?

Possibly. Colorado has strict license revocation policies. If you don’t request a DMV hearing within 7 days of your arrest, your license could be automatically suspended, even before your court case is resolved.

Can I fight the results of a breath or blood test?

Yes. Breathalyzers and blood tests are not infallible. We evaluate how the test was administered, the qualifications of the technician, and the calibration of the device. If there are issues, we can challenge the results in court.

Do I need a lawyer if I plan to plead guilty?

Yes. Even if you think pleading guilty is your only option, an attorney may be able to reduce the charges, lessen the penalties, or uncover defenses you hadn’t considered. Don’t plead until you’ve spoken with us.

How long will a DUI stay on my record in Colorado?

A DUI conviction in Colorado stays on your record permanently. It cannot be sealed or expunged. That’s why it’s critically important to fight the charges from the beginning.

Other Locations We Serve

Meet Our Attorneys

Ehren Penix

Ehren Penix is a dedicated criminal defense attorney and co-founder of Whitaker & Penix, LLC, proudly serving clients throughout Breckenridge, Summit County, and the surrounding region. With a foundation built on integrity, preparation, and direct communication, Ehren represents individuals facing some of the most difficult moments in their lives with compassion and skill.

Before entering private practice, Ehren spent three years as a criminal prosecutor. This experience gave him a deep understanding of how cases are charged, negotiated, and tried in the local court system – knowledge he now uses to advocate for his clients.

Kylie Whitaker

Kylie Whitaker is a seasoned criminal defense attorney and co-founder of Whitaker & Penix, LLC. With over a decade of experience in criminal law, including seven years as a prosecutor and Assistant District Attorney in Summit County, Kylie brings unmatched insight into the local justice system and a trial-tested approach to defending clients throughout Breckenridge and the surrounding region.

During her time as a prosecutor, Kylie handled a wide range of cases, from DUI and drug offenses to domestic violence and complex felonies. This background gives her a unique perspective on how prosecutors build their cases.