Breckenridge Driving Under the Influence of Drugs Defense Attorneys
Are You in Need of a Breckenridge Driving Under the Influence of Drugs Lawyer?
Driving under the influence of drugs (DUID) is a serious offense in Colorado. Whether you're a local resident or a tourist visiting Breckenridge, a DUID charge can lead to significant legal consequences, including jail time, license suspension, and a permanent criminal record. Unlike alcohol-related DUIs, drug impairment cases often rely on more subjective evidence, leaving room for legal challenges, but only if you act quickly and get the right legal representation.
At Whitaker & Penix, LLC, we understand the confusion and fear that can follow a drug-related DUI arrest. Our Breckenridge driving under the influence defense attorneys are here to defend your rights, challenge the evidence, and guide you through the legal process with clarity and strength.
Why Choose Us Over Driving Under the Influence of Drugs Defense Attorneys in Breckenridge CO?
Not all criminal defense lawyers are equipped to handle drug impairment cases. These charges often involve complex toxicology reports, subjective officer observations, and controversial testing methods. You need attorneys who not only know the law but also understand the local court system, and know how to challenge questionable evidence.
Kylie Whitaker and Ehren Penix offer:
- A+ rating from the Better Business Bureau – Reflecting our professionalism and dedication to ethical legal service
- Kylie Whitaker named a Super Lawyers Rising Star – Recognized statewide for outstanding legal performance and peer respect
- Over a decade of combined experience as prosecutors – Giving us inside knowledge of how these cases are investigated and prosecuted
- Available 24/7 for client calls – Because legal problems don’t follow a 9-to-5 schedule
- Trusted in Breckenridge and surrounding areas for honest legal guidance – We tell you what you need to hear, not just what you want to hear
DUID Arrest in Summit County?
Call (970) 368-0602 today and put two former prosecutors in your corner.
Reasons to Contact a Breckenridge DUID Lawyer Right Away
If you've been arrested or charged with driving under the influence of drugs, time is critical. The sooner you have a Summit County defense attorney on your side, the better your chances of protecting your license, your freedom, and your record.
Here’s why immediate legal help matters:
- DMV deadlines are tight – You only have 7 days to request a hearing to contest a license suspension
- Drug test results may be challenged – But only if preserved and analyzed correctly
- Evidence can disappear – Dashcam footage, witness statements, and scene details are easier to gather early
- Police errors must be addressed fast – Delays can make it harder to challenge improper procedures
- The sooner you act, the more defense options remain available
What Is Driving Under the Influence of Drugs?
In Colorado, it is illegal to operate a motor vehicle while under the influence of any drug that impairs your ability to drive safely. This includes prescription drugs and over-the-counter medications. If an officer believes your driving ability was affected, you can be arrested and charged.
Unlike alcohol-related DUIs, which use a specific blood alcohol concentration (BAC) threshold, DUID cases rely heavily on officer observations, field sobriety tests, and toxicology results.
You may be charged with a DUID if you are found to be impaired by:
- Marijuana (legal in Colorado, but not while driving)
- Prescription medications (e.g., painkillers, anti-anxiety meds)
- Illegal substances (e.g., cocaine, methamphetamines)
- Over-the-counter drugs (e.g., sleep aids, allergy medications)
Legal Penalties for Driving Under the Influence of Drugs in Colorado
Colorado treats DUID charges seriously. Penalties vary depending on whether it's a first offense or if you have prior DUI convictions.
First DUID Offense:
- Up to 1 year in jail
- $600–$1,000 in fines
- 48–96 hours of community service
- 9-month license suspension
- Mandatory drug education or treatment classes
Second or Subsequent Offenses:
- Mandatory jail time
- Longer license suspension
- Ignition interlock requirement
- Higher fines and fees
- Labeled a “persistent drunk driver,” even for drug DUIs
Penalties increase if there was a minor in the car, an accident occurred, or you refused chemical testing.
Life Consequences for a Conviction
The legal penalties are only part of the impact. A DUID conviction can follow you for years and affect nearly every area of your life.
- Criminal Record – A permanent mark that may affect background checks
- Loss of Driving Privileges – Essential for work, family, and daily life
- Employment Challenges – Especially for jobs that require driving or professional licenses
- Higher Insurance Costs – Many insurers classify DUID offenders as high-risk drivers
- Travel Restrictions – Some countries may deny entry based on a criminal record
Effective Legal Defense Strategies
Every DUID case is different, and a tailored strategy is crucial. At Whitaker & Penix, LLC, we explore every available defense based on the evidence, the arrest process, and your medical or legal circumstances.
Challenging Field Sobriety Test Results
Officers often rely on field sobriety tests to justify an arrest, but these tests are not designed to detect drug impairment and can be influenced by fatigue, medical conditions, or even road conditions. We scrutinize how the tests were administered and whether they were properly interpreted.
Questioning Drug Impairment Evidence
Unlike alcohol, drug levels in your blood or urine do not directly correlate with impairment. Someone may test positive for THC, for example, even days after use. We challenge the scientific basis of impairment claims and consult with toxicology experts when needed.
Medical Conditions
Medical issues such as neurological disorders, anxiety, or even blood sugar levels can mimic signs of drug impairment. Officers sometimes mistake these symptoms for intoxication. We bring in medical documentation and experts to explain alternative explanations.
Prescription Errors
Being prescribed medication is not illegal, but driving while impaired can be. But if you were taking the medication as directed, or if the impairment was unintentional due to unexpected side effects, we may argue for a reduction or dismissal.
Improper Police Procedures
We examine whether the officer had reasonable suspicion to pull you over and whether your arrest was handled lawfully. If police failed to follow procedures—such as failing to advise you of your rights or conducting an unlawful search—we move to suppress that evidence.
Accused of Driving While Under the Influence of Drugs in Colorado?
Call a Breckenridge criminal defense lawyer today for a free consultation. We know Colorado’s DUID laws and we’re very familiar with local courts: (970) 368-0602.
What to Do If You Are Accused of Driving Under the Influence of Drugs in Breckenridge
If you’re pulled over or arrested for suspected DUID, how you respond in those moments matters. Here's what you should do:
- Stay calm and polite – Avoid arguing or resisting, even if you feel the stop is unfair. Your behavior will be documented and could influence how your case is viewed.
- Do not admit to using drugs – Even legal or prescribed substances. Any statements you make can be used as evidence, so it’s best to stay silent beyond providing basic information.
- Refuse field sobriety tests if you choose – These roadside tests are voluntary and often subjective. Declining may limit the amount of evidence used against you.
- Understand the consequences of refusing chemical tests – In Colorado, refusal can lead to automatic license suspension and designation as a high-risk driver.
- Contact an attorney immediately – The sooner you have legal representation, the more options you have to protect your rights and build your defense.
How a DUID Defense Lawyer Can Help
Defending against a DUID charge requires more than legal knowledge—it takes preparation, insight, and commitment. At Whitaker & Penix, LLC, we offer:
- Detailed review of the arrest and investigation – We look for flaws, inconsistencies, or violations of your rights from the moment of the stop through every interaction with law enforcement.
- Challenging the evidence – From field sobriety tests to toxicology results, we dig deep into the facts to challenge unreliable or improperly obtained evidence.
- Negotiating alternatives to conviction – We explore all available paths, including deferred judgments, treatment programs, or a reduction in charges, especially for first-time offenders.
- Preparing for trial if needed – We never assume a plea is the only path. We prepare each case with the same intensity as if it's headed for trial.
- Keeping you informed and supported – We maintain regular communication, explain every development clearly, and even follow up after hours when needed.
- Knowledge of the local system – With extensive experience in Breckenridge and the surrounding 6th Judicial District, we know the courts, the players, and how to navigate the system to your advantage.
What Clients Are Saying About Us
I'm beyond happy with his services -Adam Fleming (5-Star Google Review)
I’ve recently had to reach out to the law office Whitaker & Penix , LLC, for a DUI I received back in December and had the pleasure of being represented my Mr. Ehren Penix. I'm beyond happy with his services and highly recommend you reaching to him for anything you may need representation for.
I could not recommend her services more -Billy Ray Mitchell (5-Star Google Review)
I had the pleasure of being represented by Kylie in a case that ran from February 2022 - September. When I first consulted with Kylie, she walked me through all of my options and potential outcomes. She even made sure that I retroactively worked on action items ahead of them being designated so I always felt ahead of the wave and did everything I could to be proactive. Kylie was extremely thorough, honest, kind, and responsive throughout the entire process. I could not recommend her services more.
Speak With a Trusted DUID Defense Lawyer in Summit County
Accused of driving under the influence of drugs in Breckenridge? Don’t face the system alone. When your freedom, future, or family is on the line, Whitaker & Penix, LLC is ready to stand with you.
Call (970) 368-0602 to learn more today.
DUID FAQs
What is considered driving under the influence of drugs in Colorado?
Colorado law prohibits operating a vehicle while under the influence of any drug, legal or illegal, that impairs your ability to drive safely. This includes marijuana, prescription medication, and over-the-counter drugs.
Can I be charged with DUID if I have a valid prescription?
Yes. Even if the medication is legally prescribed, you can still be charged if it impairs your driving. The law focuses on your level of impairment, not the legality of the drug.
How is drug impairment tested during a DUI stop?
Officers may use field sobriety tests, Drug Recognition Experts (DREs), and chemical tests like blood or urine analysis. These methods are often subjective and can be challenged.
What happens if I refuse a blood or urine test?
Refusing a chemical test can result in an automatic license suspension and classification as a “persistent drunk driver,” even if no conviction occurs.
How is marijuana DUID different from alcohol DUI?
Marijuana impairment is harder to measure because THC can stay in your system for days or weeks. Colorado uses a THC blood limit of 5 nanograms, but presence does not always equal impairment.
What are the penalties for a DUID in Colorado?
Penalties may include jail time, fines, license suspension, community service, and mandatory drug education, especially if you have prior DUI convictions.
Can a DUID affect my insurance or job?
Yes. A conviction can raise your insurance premiums and may disqualify you from jobs that require driving, background checks, or a clean criminal record.
I was using CBD or another legal product. Can I still be charged?
Yes. If an officer believes your ability to drive was impaired, even by legal substances, you can be arrested and charged.
What if I wasn’t impaired but tested positive for drugs?
You can still be charged, but a skilled defense attorney can challenge whether the drug actually affected your ability to drive. This is a key issue in DUID cases.
How can Whitaker & Penix help with my DUID case?
We analyze every detail of your arrest, challenge the evidence, question test accuracy, and fight for reduced or dismissed charges. Call (970) 368-0602 for a free consultation.
Meet Our Colorado DUID Attorneys
Ehren Penix
Attorney Ehren Penix brings a record of success from both sides of the courtroom. A former state prosecutor with an undefeated record in jury trials and appeals, Ehren now uses that same precision and tenacity to defend clients facing criminal and family law issues in Breckenridge.
Known for his straightforward advice, thorough case preparation, and dedication to every client, Ehren provides high-level representation with a personal touch. He believes in doing the hard work behind the scenes so that his clients are ready and protected when it matters most.
- Former prosecutor with a flawless trial and appellate record
- Highly responsive and accessible – clients are never left in the dark
- Respected for his integrity and commitment to each case
Kylie Whitaker
Attorney Kylie Whitaker is known for her confident courtroom presence, honest legal guidance, and results-driven defense. With over seven years as a criminal prosecutor, she brings firsthand knowledge of how cases are charged and prosecuted in Summit County, and she understands how to challenge them effectively.
A graduate of Creighton University School of Law, Kylie also holds degrees from the University of Kansas and Wichita State University. She’s recognized not only for her legal ability but for her direct communication and responsiveness to clients. Kylie works closely with those she represents, ensuring they feel informed and supported every step of the way.