Home DUI and Traffic Defense Out-of-State DUI

Breckenridge Out-of-State DUI Lawyers

Are You in Need of an Out-of-State DUI Lawyer in Breckenridge?

Each year, countless visitors are drawn to Breckenridge, Colorado, for its world-class skiing, breathtaking scenery, and vibrant tourism. But for some, a visit to Breckenridge or Keystone ends unexpectedly with a DUI arrest.

If you’re from out of state and are now facing DUI charges in Breckenridge, the stress can be overwhelming. You're likely unfamiliar with Colorado’s DUI laws, and managing a legal crisis from afar only adds to the pressure.

At Whitaker & Penix, LLC, we understand the unique challenges of facing criminal charges in an unfamiliar jurisdiction. We’re here to help you understand your rights and provide experienced guidance through the Colorado criminal justice system.

If you've been arrested for DUI while visiting Summit County, you’re not alone. With tourism being a significant part of the local economy, out-of-state DUI arrests are common.

Out-of-state defendants face several logistical hurdles:

  • Coordinating appearances from a distance
  • Complying with Colorado laws while residing elsewhere
  • Avoiding unnecessary travel
  • Protecting your driving privileges in your home state

These situations require attorneys who understand Colorado law and have a deep familiarity with the local courts and their expectations. An experienced local DUI lawyer can help minimize disruption to your life and may even be able to appear on your behalf in certain proceedings.

Why Choose Us Over Other Breckenridge Lawyers?

Whitaker & Penix, LLC, is not a high-volume law firm that juggles more cases than it can manage. We intentionally maintain a lighter caseload so we can dedicate real time and attention to every client.

Our attorneys bring years of prosecutorial experience to your side and understand the nuances of DUI litigation from both sides of the courtroom. So you won’t get boilerplate advice or empty promises. Instead, you’ll get honest, strategic counsel tailored to your situation.

We’re communicative, dependable, and prepared to go the distance for our clients. When you call, we answer—even after hours.

Whitaker & Penix, LLC | DUI Law Firm in Breckenridge

  • A+ rating from the Better Business Bureau
  • Accredited by the BBB with consistent client satisfaction
  • Kylie Whitaker: Former Assistant DA in Breckenridge courts
  • Ehren Penix: Former prosecutor with public and private criminal law experience
  • Kylie Whitaker is recognized by Super Lawyers as one of Colorado's Rising Stars
  • Known for responsive, compassionate, and effective advocacy

You Don’t Have to Face This Alone—Contact Our Office at (970) 368-0602


What to Do After an Out-of-State DUI Arrest

  1. Don’t Ignore the Charges – Failing to address your Colorado DUI can lead to a warrant for your arrest and additional legal consequences.
  2. Contact a Local DUI Attorney Immediately – Local knowledge can mean the difference between a harsh sentence and a manageable resolution.
  3. Understand Your Court Dates – Your lawyer can often appear on your behalf for routine hearings, helping you avoid expensive and time-consuming travel.
  4. Protect Your Driver’s License – You may face penalties in both Colorado and your home state; swift legal intervention is crucial.

What Are the Legal Penalties for a DUI in Colorado?

In Colorado, DUI penalties escalate sharply with each subsequent offense. Even a first conviction carries serious consequences, and repeated violations can lead to felony charges.

For a first-time DUI, if your blood alcohol content (BAC) is 0.08% or higher, you could face:

  • Up to 1 year in jail
  • Fines up to $1,000
  • 48 to 96 hours of community service
  • A 9-month license suspension
  • Alcohol education or treatment classes
  • Possible ignition interlock device installation

Drivers with a BAC of 0.15% or higher are labeled “persistent drunk drivers,” resulting in mandatory interlock use and stricter penalties, even on a first offense.

A second DUI offense within five years leads to:

  • Mandatory jail time of 10 days to 1 year
  • Up to $1,500 in fines
  • A one-year license revocation
  • Two years of ignition interlock use
  • Increased alcohol education and therapy requirements

A third DUI offense carries even longer mandatory jail sentences, license suspension, and harsher treatment mandates.

A fourth DUI is charged as a Class 4 felony, punishable by:

  • Up to 6 years in prison
  • Up to $500,000 in fines

Will a DUI Conviction in Colorado Affect Your Home State DUI Record?

Most likely. Colorado is a member of the Interstate Driver’s License Compact (IDLC), an agreement among 45 states and the District of Columbia to share information about certain traffic violations, including DUIs.

If you're convicted of DUI in Colorado, that conviction will almost certainly be reported to your home state, and it can have serious implications for your driving record and legal standing back home.

Life Consequences of a DUI Conviction

A DUI conviction in Colorado doesn’t end when you leave the state. For out-of-state visitors, the consequences often ripple through nearly every aspect of life, including immigration status, family matters, career prospects, and constitutional rights.

  • Immigration: A DUI arrest or conviction can have serious implications for non-citizens. Even if it's a misdemeanor, it may be considered a crime of moral turpitude or a substance abuse issue under federal immigration laws. This could lead to visa denial, delays in green card processing, or even removal proceedings in certain cases.
  • Custody: If you’re involved in a child custody dispute—whether ongoing or anticipated—a DUI conviction can severely impact your standing. Courts consider DUI offenses as potential indicators of parental unfitness, particularly if a child was present in the vehicle or the incident involved reckless behavior.
  • Career: Many employers conduct background checks, and a DUI on your record may be seen as a liability or sign of poor judgment. For employees with security clearances, commercial driving roles, or public-facing positions, a DUI conviction could mean disciplinary action or termination.
  • Professional License: Teachers, nurses, attorneys, real estate agents, and other licensed professionals may face mandatory reporting requirements. A DUI arrest or conviction could result in license suspension, fines, required counseling, or even permanent loss of the ability to practice in your field.

Legal Defenses to DUI Charges

Just because you've been charged with DUI doesn’t mean a conviction is inevitable. At Whitaker & Penix, LLC, we evaluate every aspect of your case to identify the strongest possible defense strategy.

Many DUI cases involve errors in police procedure, flawed testing methods, or violations of constitutional rights. Here are some of the most effective defenses we may explore.

Unlawful Traffic Stop

Law enforcement must have a valid reason—called “reasonable suspicion”—to initiate a traffic stop. If you were pulled over without a legitimate basis, such as speeding or swerving, any evidence obtained during the stop could be inadmissible in court. This includes observations of impairment, field sobriety test results, and even breath or blood test results.

Improperly Conducted Field Sobriety Tests

Field sobriety tests are subjective and easily influenced by external factors, such as uneven terrain, weather conditions, or the driver’s physical limitations (age, weight, medical conditions, etc.). We’ll assess whether the officer administered the tests correctly and whether your performance was fairly evaluated.

Breathalyzer and Blood Test Errors

Chemical tests are not foolproof. Machines can be improperly calibrated, poorly maintained, or operated by untrained personnel. Additionally, the timing of the test can significantly affect the BAC reading. We can request calibration records and investigate whether proper protocols were followed.

Mouth Alcohol Contamination

Breathalyzer results can be skewed by residual mouth alcohol from recent drinking, mouthwash, belching, or acid reflux. If this occurred, the test may have measured mouth alcohol rather than deep lung air, leading to falsely high BAC readings.

Medical Conditions

Certain medical issues, such as diabetes or gastroesophageal reflux disease (GERD), can mimic symptoms of intoxication or interfere with test results. A diabetic’s body may produce acetone, which can register as alcohol on some breath tests.

Chain of Custody Issues

Blood samples and other evidence must be properly collected, stored, and documented. Any break in the chain of custody can compromise the integrity of the evidence and provide grounds for dismissal or reduction of charges.

How a Breckenridge DUI Lawyer Can Help

Dealing with a DUI charge is never easy, especially when it happens far from home. But with the right attorney, you can navigate the legal system effectively and protect your future.

At Whitaker & Penix, LLC, we provide more than just legal representation. We offer clarity, peace of mind, and a path forward.

Local Knowledge That Makes a Difference

Our attorneys are based in Breckenridge and handle cases throughout Summit County and the surrounding areas. We know the local judges, prosecutors, court staff, and procedures.

This familiarity allows us to build practical, effective defense strategies based on what’s likely to work in a local courtroom, not just what sounds good in theory.

Handling the Case While You Stay Home

For out-of-state clients, travel is one of the biggest concerns. We work hard to minimize the need for you to return to Colorado.

In many misdemeanor DUI cases, we can appear in court on your behalf, submit motions, and handle procedural matters remotely. If your presence is required, we’ll coordinate everything clearly and ensure you’re well-prepared.

Clear, Honest Communication

We understand how stressful it is to face criminal charges in a different state. That’s why we’re committed to keeping you informed at every stage of the process.

Our firm is known for its accessibility and client care. So you’ll get honest, straightforward updates and quick responses to your questions, often even after business hours.

Comprehensive Case Evaluation

Every DUI case is different. We start with a thorough evaluation of your arrest, looking for details that others might miss. Were your rights violated during the stop or arrest? Was the testing equipment properly maintained and operated? Did law enforcement follow correct procedures? We leave no stone unturned in your defense.

Negotiating Reduced Penalties or Dismissals

Our goal is always to secure the best possible outcome. That might mean getting charges reduced, negotiating alternatives to jail time, or pushing for dismissal altogether. We know which options are available in Summit County and how to advocate effectively for each one.

Protecting Your Record and Driving Privileges

A DUI conviction can have long-lasting consequences—both in Colorado and your home state. We’ll work to minimize the impact on your driving record, avoid unnecessary license suspensions, and reduce the chances of a criminal conviction affecting your employment or personal life.

Prepared for Trial When Necessary

While many DUI cases can be resolved without going to trial, we’re fully prepared to defend you in court if needed. With extensive trial experience and a history in prosecution, we know how to present a compelling case before a judge or jury.

What Our Clients Have to Say About Us

“Awesome to Work With” - Stephen Dwyer (5-Star Google Review)

Ehren was awesome to work with. Had answers to all my questions and was very on top of my case. I don’t plan on needing legal services again, but if I did, I would call Ehren again right away!

“Gratifyingly Pleased With the Service and Help that I Received” - Bonnie Edmondson (5-Star Google Review)

I had . . . to consult Mr. Ehren Penix at Hartshorn Law in Fairplay, CO, and I was gratifyingly pleased with the service and help that I received! I am an old man and he attentively, patiently, and supportively listened to my story. I believe he is a compassionate, intelligent, and thoughtful man; the time I spent with Ehren was rewarding and refreshing for me, personally. I am so glad that he and I crossed paths today!

“Worked Hard for My Case” - Skyler Adcock (5-Star Google Review)

If you're in Summit County and you need legal representation . . . call Kylie! I felt that she worked hard for my case and took time to explain what she did, why she would do it, and what the best course of action is. She always responded promptly to my calls the day of—5 stars!

Types of Criminal Cases We Handle

Other Locations We Serve Near Breckenridge

Out-of-State DUI FAQs

Can my lawyer appear in court for me?

In many cases, yes. Particularly for misdemeanor DUI charges, your attorney can often appear on your behalf for procedural matters.

Will I have to come back to Colorado?

Depending on the case, you might need to return for trial or other critical hearings. Your lawyer will try to limit this as much as possible.

What happens if I ignore Colorado DUI charges?

Ignoring a DUI arrest in Colorado can result in a warrant, additional charges, and harsher penalties.

Can I fight the DUI charge from another state?

Yes, with the right legal representation. An experienced Breckenridge DUI attorney can manage much of the process remotely and develop a defense that accounts for both Colorado and your home state’s laws.

Speak With Our Trusted DUI Lawyers in Breckenridge

Facing DUI charges while far from home can feel isolating, but you don’t have to go through it alone. Our legal team at Whitaker & Penix, LLC, is ready to stand by your side, advocate for your rights, and help protect your future.

Call (970) 368-0602 today for a free consultation. Let our DUI attorneys help you take the next step toward resolving your case and moving forward with confidence.