Colorado Drunk Driving Laws
Are You in Need of a Summit County DUI Lawyer?
A DUI charge in Summit County is a serious matter, especially when it involves an accident with injuries or a fatality. A conviction could result in jail time, loss of gun rights, revocation of a professional license, and other serious consequences.
The attorneys at Whitaker & Penix, LLC provide aggressive legal defense to those accused of DUI throughout Breckenridge and surrounding areas. We understand the local courts and the prosecutors, and we know how to protect your rights when everything is on the line.
Why Choose Us Over Other DUI Attorneys in Summit County?
As former prosecutors, Kylie Whitaker and Ehren Penix bring unique insight to every case because. We know how DUI cases are built, and we use that knowledge to counter the charges against our clients.
At Whitaker & Penix, LLC, we don’t overload ourselves with cases; instead, we focus on giving every client the attention and preparation they deserve. We are available to answer your calls, even after hours. We tell you the truth, and we prepare every case as if it's going to trial, because that’s what it takes to protect your future.
Here’s what sets our firm apart:
- A+ Rating from the Better Business Bureau – A reflection of our firm’s consistent integrity and client satisfaction.
- Kylie Whitaker: Former Assistant District Attorney in Breckenridge courts, 7 years’ prosecution experience – She brings insider knowledge of how local prosecutors build their cases.
- Ehren Penix: Former prosecutor with trial experience on both sides of criminal law – His balanced perspective helps clients navigate high-stakes charges with confidence.
- Recognized by Super Lawyers: Kylie Whitaker selected as one of Colorado's Rising Stars based on peer reviews and independent research.
- Trial-ready representation – we prepare every case as if it’s going to trial, giving you the strongest position for negotiation or courtroom defense.
Don’t Let a DUI Ruin Your Future
Get trusted defense from former prosecutors. Call (970) 368-0602 for a free consultation.
Reasons to Contact a Breckenridge DUI Lawyer Right Away
The sooner you reach out to a Breckenridge drunk driving defense attorney, the more options you have. Waiting too long can result in lost evidence, missed court deadlines, and preventable damage to your case. An early legal defense can help:
- Challenge the legality of the traffic stop or arrest
- Request a DMV hearing to contest license suspension
- Review bodycam footage and breath/blood test records
- Identify constitutional violations or procedural errors
- Begin working on a plea negotiation or dismissal strategy
What Is DUI (Driving Under the Influence)?
In Colorado, DUI refers to operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. Prosecutors don’t need to prove actual driving impairment if your blood alcohol content (BAC) is over the legal limit. Instead, they can rely on test results or other indicators of impairment to support the charge.
The legal limit for adult drivers 21 and older is 0.08%. If your BAC is 0.08% or more within two hours of driving, you can be charged with DUI per se, even if you were not visibly impaired. A BAC at or above this level creates a legal presumption of intoxication.
DWAI (Driving While Ability Impaired)
DWAI is a lesser charge in Colorado that applies when a driver has a BAC between 0.05% and 0.079% or shows signs of impairment despite being under the 0.08% threshold. The key difference is that prosecutors must prove your ability to safely operate a vehicle was impaired to the slightest degree. DWAI carries serious penalties, especially if you have prior DUI or DWAI convictions.
UDD (Underage Drinking & Driving)
Colorado has a Zero Tolerance Law for drivers under the age of 21. A person under 21 can be charged with UDD if their BAC is 0.02% or higher. UDD penalties can include license suspension, fines, and mandatory education classes, even for a first offense.
DUI for Commercial Drivers
Commercial drivers are held to stricter standards. A BAC of 0.04% or higher is enough to trigger a DUI charge for CDL holders. A DUI conviction can result in disqualification from holding a commercial driver’s license, even for a first offense.
This can be devastating for someone whose career depends on maintaining a clean driving record.
First-Time DUI Penalties
Even a first DUI offense in Colorado carries harsh consequences:
- Up to 1 year in jail
- Fines of $600 to $1,000
- Up to 96 hours of community service
- 12-month license suspension
- Mandatory alcohol education and treatment
- SR-22 insurance requirement
These penalties can increase if there are aggravating factors such as a high BAC, a crash, or a minor in the vehicle.
Second Offense Penalties
A second DUI conviction within five years includes:
- 10 days to 1 year in jail (mandatory minimum)
- Fines up to $1,500
- 1-year license revocation
- 48 to 120 hours of community service
- Longer alcohol education and treatment
You may also be required to install an ignition interlock device on your vehicle.
Third Offense Penalties
A third DUI is considered extremely serious and results in:
- Mandatory jail time of 60 days to 1 year
- License revocation for 2 years
- Higher fines and court costs
- Long-term alcohol treatment requirements
- Possible classification as a habitual traffic offender
Fourth DUI Penalties
A fourth DUI in Colorado is charged as a Class 4 felony. This can result in:
- 2 to 6 years in state prison
- Fines up to $500,000
- 3-year parole period
- Loss of civil rights
Facing a DUI Charge in Colorado?
Talk to a lawyer who knows how to fight back. Call Whitaker & Penix, LLC at (970) 368-0602.
Can You Be Penalized in Your Home State for a Colorado DUI?
A Colorado DUI can have serious consequences in your home state. Colorado participates in the Driver License Compact (DLC), which means your home state will probably be notified of any DUI conviction or license suspension. You can also face additional consequences in your home state, including license penalties and insurance hikes.
What Happens if You Refuse a Chemical Test?
Colorado has express consent laws. By driving in the state, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing a chemical test (blood or breath) after an arrest can result in:
- Automatic license suspension for 1 year (first refusal)
- Requirement to install an ignition interlock device for 2 years
- Use of the refusal against you in court
These penalties apply even if you are not ultimately convicted of DUI.
Field Sobriety Tests in Colorado
Field Sobriety Tests (FSTs) are standardized exercises officers use to assess impairment. These may include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests.
While you are not legally required to take FSTs, refusing may lead to arrest. These tests are subjective, and performance can be affected by nerves, medical conditions, or environmental factors. An experienced DUI attorney can challenge their reliability.
What Is DUI Per Se?
DUI per se refers to driving with a BAC at or above the legal limit of 0.08%, regardless of actual impairment. It is based solely on the chemical test result.
Prosecutors do not need to show erratic driving or slurred speech to convict under DUI per se laws. This is why it is critical to examine the validity of the BAC test in your defense.
Driving Under the Influence of Drugs in Colorado
Colorado law treats drug DUIs the same as alcohol DUIs. This includes:
- Illegal drugs
- Prescription medications
- Over-the-counter substances
- Marijuana (even though recreational use is legal)
You can be charged with DUI if drugs impair your ability to drive, even without a specific blood concentration limit. Colorado uses Drug Recognition Experts (DREs) to evaluate suspected drug impairment.
Blood tests are commonly used to detect THC and other drugs, but these results can be challenged based on timing, tolerance, and testing procedures.
Effective Legal Defense Strategies
At Whitaker & Penix, LLC, we craft individualized defense strategies tailored to your case. Common approaches include:
- Challenging the traffic stop: Was there reasonable suspicion or probable cause?
- Questioning test results: Were the breathalyzer or blood tests properly conducted?
- Fighting the DUI per se charge: Is the BAC result valid and admissible?
- Highlighting procedural errors: Were your rights violated during the arrest or booking process?
- Using expert testimony: We may bring in toxicologists or accident reconstruction experts to challenge the prosecution’s case.
- Negotiating reduced charges: We may secure a DWAI or deferred sentence where appropriate.
What Clients Are Saying About Us
She got me the best possible outcome- Logan Blazer (5-Star Google Review)
Fantastic experience working with Kylie! She was professional, direct, and hard working. The several months that my case took were very stressful, but she made me feel like someone had my back the whole time, and she got me the best possible outcome. I would not hesitate to send my best friends to her of they were in need of representation.
10/10 will recommend-darin lance (5-Star Google Review
Ehren was a professional all the way through my case. He took the time to carefully explain the process, set expectations, and give advice. He is responsive to emails and is able to quickly answer questions. He also managed to negotiate a very advantageous deal for my case. 10/10 will recommend.
Speak With an Experienced Summit County DUI Attorney
Your future is too important to leave to chance. If you are facing DUI charges in Breckenridge or anywhere in Summit County, contact Whitaker & Penix, LLC right away. There will be someone available to take your call 24/7.
We offer free consultations. Call (970) 368-0602 to learn more today.
Frequently Asked Questions
What happens after a DUI arrest in Summit County?
After a DUI arrest, you’ll likely face both criminal charges and administrative penalties, including a possible driver’s license suspension. You’ll also receive a court date and may need to request a DMV hearing within 7 days to contest your license revocation.
Can I get a DUI in Colorado if I wasn’t over the legal limit?
Yes. Even with a BAC below 0.08%, you can be charged with DWAI (Driving While Ability Impaired) if law enforcement believes your ability to drive was impaired to the slightest degree.
What is DUI per se?
DUI per se means you had a BAC of 0.08% or higher, which creates a legal presumption of intoxication under Colorado law, even if you were driving safely.
Do I have to take a breath or blood test if I’m arrested for DUI?
Under Colorado’s express consent law, you are required to take a chemical test if arrested for DUI. Refusing can lead to an automatic one-year license suspension and additional penalties.
Can I refuse the field sobriety tests?
Yes, you can legally refuse roadside field sobriety tests in Colorado. These tests are voluntary, and refusing them cannot be used against you as proof of guilt.
What are the penalties for a first-time DUI in Colorado?
Penalties for a first DUI can include up to one year in jail, fines, community service, alcohol education classes, and a one-year license suspension, depending on the circumstances.
What if I live in another state but got a DUI in Breckenridge?
Out-of-state drivers can still face DUI charges in Colorado, and your home state will likely be notified. You may face license penalties and consequences in both states.
Is marijuana DUI treated the same as alcohol DUI?
Yes. Driving under the influence of marijuana is illegal in Colorado and carries the same penalties as an alcohol-related DUI, even though recreational use is legal.
Will I lose my commercial driver’s license (CDL) if I’m convicted of DUI?
Yes. Commercial drivers with a BAC of 0.04% or higher can be charged with DUI, and a conviction can lead to CDL disqualification, even for a first offense.
How can a DUI lawyer help me?
An experienced DUI attorney can challenge the traffic stop, question chemical test results, represent you in court and DMV hearings, and work to reduce or dismiss your charges based on the evidence.
Other Locations We Serve
Meet Our Breckenridge DUI Attorneys
Kylie Whitaker
Kylie Whitaker is a highly regarded criminal defense attorney with over seven years of experience as a prosecutor in Breckenridge courts. Her background as an Assistant District Attorney gives her an insider’s understanding of how criminal cases are built and prosecuted in Summit County.
As co-founder of Whitaker & Penix, LLC, Kylie is known for her straightforward communication, hands-on approach, and dedication to giving each case the attention it deserves. Clients turn to Kylie her courtroom experience, honesty, responsiveness, and willingness to tell them the truth, even when it’s hard to hear.
Ehren Penix
Ehren Penix is a dedicated criminal defense attorney and former prosecutor who brings over seven years of experience to every case he handles. After serving three years as a criminal prosecutor, Ehren transitioned into private practice, where he now uses his courtroom insight to defend clients facing DUI charges, felony accusations, and other serious offenses across Summit County.
Ehren is known for his calm, strategic approach and his strong commitment to client communication. He believes in staying accessible and keeping clients informed at every step. Whether he’s negotiating with the District Attorney’s office or litigating in court, Ehren focuses on getting real results without overpromising or sugarcoating the process.