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Frisco DUI Defense Lawyers

Are You in Need of a DUI Defense Attorney in Frisco, CO?

According to the Colorado Department of Transportation, the state files over 16,000 DUI cases annually. Whether you're heading home from a bar after work or enjoying a night out at a restaurant, we understand that good people can find themselves in tough situations. Just a short drive from Frisco Main Street to Summit Boulevard can change your life if you're pulled over for a DUI.

Our attorneys have seen how a single traffic stop in our close-knit town can turn someone's world upside down. If you have become part of that opening statistic and are facing DUI charges, our experienced DUI defense attorneys at Whitaker & Penix, LLC, can help you get your life back on track.

Why Choose Us Over Other Frisco, CO, DUI Defense Lawyers?

  • Kylie Whitaker was selected as a Rising Star by Super Lawyers based on peer recognition, professional achievement, and other factors
  • Kylie Whitaker has a background as a criminal prosecutor
  • Kylie Whitaker has a background as an Assistant DA in Breckenridge courts
  • Ehren Penix has prosecutorial experience
  • Ehren Penix has experience in private practice
  • We have deep local roots—which means stronger local defense strategies
  • Our lawyers are available 24/7
  • Our law firm is A+ Rated by the Better Business Bureau

Whitaker & Penix, LLC: Frisco, Colorado, DUI Defense Law Firm

When you're facing DUI charges in Frisco, CO, you need more than just any criminal defense law firm—you need people who understand the local courts and law enforcement.

With Kylie Whitaker's seven years of experience as a former prosecutor in Summit County, Ehren Penix's prosecutorial experience, and our firm's 24/7 availability, you get the inside perspective on your defense.


Call (970) 368-0602 for a Free Consultation with Whitaker & Penix, LLC


What To Do After a DUI Arrest

If you've just been arrested for DUI in Frisco, your head is probably spinning right now. As Frisco, CO, DUI defense attorneys who've helped countless locals through this exact situation, what you do next matters. We can walk you through the most important steps to protect yourself.

Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present

The officers aren't just making casual conversation; every word you say is being carefully noted. Those seemingly innocent questions about where you were coming from or how many drinks you had are a way of building a case against you. Your best response is to politely provide your ID and then say you'd like to speak with your attorney.

Avoid Talking About Your Case in Jail

In jail, even cellmates can be testifying against you the next week. Keep your story to yourself until you can talk to your lawyer in private.

Preserve Your License

In Colorado, you have just seven days to save your driver's license. But don't panic. We've handled hundreds of DMV hearings and know what to do to help keep you on the road.

Contact Whitaker & Penix, LLC, for Help

Call us at any time—yes, even if it's 3 AM. Our Frisco criminal defense lawyers are made up of former prosecutors who know exactly how to protect your rights from the moment you call. And the best part is that we'll start working on your case immediately.

How Are DUIs Categorized in Colorado?

The legal system can feel like it's speaking a different language sometimes. But even little details about your traffic stop can completely change how your case is handled. Our Frisco DUI lawyers can break everything down in plain English.

Misdemeanor DUI Offenses

  • First offense: Up to a year in jail, $1,000 in fines, and losing your license.
  • Second offense: Up to a year in jail, $1,500 in fines, and guaranteed jail time.
  • DUI per se: Even if you feel fine to drive, you can get a DUI if the breathalyzer is 0.08%.

Felony DUI Offenses

If you have four DUIs in Colorado, you can face up to six years behind bars and fines that could hit $500,000.

Other Considerations

  • Aggravating factors: If someone was injured or kids were in the car, your penalties could skyrocket.
  • High BAC: If you blow 0.15% or higher, that's an automatic jail sentence.
  • Commercial drivers: If you have a CDL, BAC limits are lower, not to mention your whole career could be on the line.

What Are the Legal Penalties of a DUI Conviction?

Our DUI defense attorneys have handled hundreds of cases and have seen how these charges can flip someone's life upside down. But we're here to walk you through exactly what you're facing—because once you know what we're up against, we can build a solid plan to protect your future.

Legal Penalties

First Offense:

  • 5 days to one year in jail
  • Fines from $600 to $1,000
  • Up to 96 hours of community service
  • License suspension for 9 months
  • Mandatory alcohol education classes
  • Installation of an ignition interlock device

Second Offense:

  • 10 days to one year in jail (mandatory jail time)
  • Fines from $600 to $1,500
  • Up to 120 hours of community service
  • 2-year license suspension
  • More extensive alcohol treatment programs
  • Longer ignition interlock requirements

Third Offense or More:

  • 60 days to one year in jail
  • Fines up to $1,500
  • Mandatory alcohol treatment
  • 2-year license suspension minimum
  • Possible felony charges on the fourth offense

Life Consequences

A DUI conviction goes way beyond just legal penalties. The ripple effects can impact nearly every aspect of your life.

Professional Impact:

  • Loss of professional licenses
  • Difficulty finding new employment
  • Required disclosure on job applications
  • Commercial drivers often lose their CDL permanently
  • Security clearances may be revoked

Financial Burden:

  • Insurance rates can triple or quadruple
  • Legal fees and court costs
  • Lost wages from missed work
  • Cost of mandatory treatment programs
  • Installation and maintenance of ignition interlock device
  • Possible job loss or career change

Personal Effects:

  • Travel restrictions to certain countries
  • Difficulty renting vehicles
  • Strain on family relationships
  • Limited housing options
  • Social stigma in our small mountain community

The Legal Process for Frisco, CO, DUI Cases

If you've just been arrested for DUI in Frisco and are wondering what happens next, some of the best DUI lawyers in Frisco, CO, have guided hundreds of locals just like you through this process. It's a lot less scary when you know what's coming.

Investigation of Criminal Activity

It usually starts with a traffic stop. The officer will look for signs of impairment: red eyes, slurred speech, or the smell of alcohol. They'll ask you seemingly casual questions about where you're coming from. That's their way of investigating.

Determining Probable Cause

If the officer suspects you're impaired, they'll ask you to perform field sobriety tests—usually walking in a straight line and standing on one leg. They also might request a roadside breath test. However, these are supposed to be voluntary tests; they're gathering evidence to establish probable cause for arrest.

Arrest

If the police believe you're impaired, you'll be cuffed and taken to the local detention facility. Here's where law enforcement will do the official breath test or blood draw. Refusing these tests comes with automatic penalties (think one-year license suspension).

Arraignment

This is the first time you meet with the judge. They'll read your charges, and you'll enter a plea of guilty, not guilty, or no contest.

Bail

If you want to go home, the judge will set your bail amount and conditions. These might include no drinking, regular check-ins, or even an ankle monitor. The amount depends on your record and the circumstances of your arrest.

Preliminary Hearing

This is where our DUI defense law firm can first challenge the evidence against you. The prosecution must show they have enough evidence to move forward.

Trial

Most cases don't make it here, as our attorneys often negotiate better outcomes. But if we go to trial, both sides present evidence, question witnesses, and make their case to either a judge or jury.

Sentencing

If there's a conviction, the judge decides your punishment. They'll consider your BAC level, whether this is your first offense, and any aggravating factors like accidents or injuries.

Outcome of Charges

You could get your charges dismissed. Still, outcomes range from deferred sentences (where charges eventually disappear) to full convictions. Each case is unique, and we fight for the best possible result.

Appeals

If you're not happy with the outcome, you have 35 days to file an appeal, according to the official website of the Colorado Judicial Branch. However, this won't be a new trial. An appeal is about challenging legal errors that might have affected your case.

Do Not Wait Until an Arrest to Seek Legal Counsel

We've seen countless times how early action can completely change the game. Sometimes, we've even managed to prevent charges from being filed altogether—but only because our clients made that crucial early call.

If you're worried about what this might mean for your future, we can help you tackle this before it becomes something bigger.


Schedule Your Free Consultation with Our DUI Defense Attorneys at (970) 368-0602


Possible Defenses to DUI Charges

Your DUI arrest may have you feeling hopeless, but there are more defense options than you'd think. Our DUI defense lawyers know exactly where to look for weaknesses in the state's case. Our lawyers don't just know the law—we know how cases are built from the inside out.

Improper Traffic Stop (Lack of Probable Cause)

Did you know police need a legally valid reason to pull you over? We carefully review every detail of the traffic stop. Because if they didn't have a proper cause, everything that followed could be thrown out.

Inaccurate Breathalyzer Test Results

Breathalyzers aren't foolproof. In fact, they're far from it. The device may not have been properly calibrated, or the officer may not have been certified to use it. Even things like mouthwash, acid reflux, or your job (like painting or working with chemicals) can affect the results.

Inaccurate Blood Test Results

Blood tests might seem scientific, but they're only as good as the people handling them. Our attorneys check everything, including proper storage, chain of custody, and testing procedures. One mistake in this process could invalidate the results.

Medical Conditions or Medications

Some medical conditions—such as diabetes, epilepsy, and even fatigue—can mimic intoxication. Moreover, certain medications can affect balance and speech. So, what looked like impairment to the officer might have a completely innocent explanation.

Faulty Field Sobriety Tests (FSTs)

Try standing on one leg on an icy sidewalk at midnight. These tests are challenging even for sober people. Weather conditions, uneven ground, physical conditions, or improper test administration can affect your performance.

Lack of Evidence of Impairment

Sometimes, the evidence just isn't there. Maybe you passed the field sobriety tests, spoke clearly, and handled your paperwork well. The officer's observations might not support their conclusions.

Rising Blood Alcohol Content (BAC)

Your BAC continues to rise for hours after your last drink. The test at the station might show a higher level than when you were actually driving. This "rising BAC" defense could make all the difference in your case.

How a Frisco, CO, DUI Defense Lawyer Can Help

If you've been anxious thinking about your DUI charge, you've already made a smart move by looking for legal help.

Immediate Action and Protection

We jump into action the moment you call. From preserving crucial evidence to filing time-sensitive DMV paperwork, our DUI defense lawyers handle the urgent tasks that can make or break your case.

Investigation and Evidence Analysis

Our attorneys meticulously review police reports, bodycam footage, and witness statements. We also inspect maintenance records of testing equipment and scrutinize officer certifications.

Negotiations with Prosecutors

Having worked as prosecutors ourselves, we know how they think and what motivates them. This insider perspective helps us negotiate more effectively, often securing better plea deals or even case dismissals.

Administrative Hearings

We fight to protect your driving privileges at DMV hearings while building stronger arguments for your criminal case. We understand the complex interplay between administrative and criminal proceedings.

Trial Representation

If going to trial serves your best interests, you need experienced litigators by your side. We know the local courts, judges, and procedures, giving you a home-field advantage in the courtroom.

Minimizing Consequences

Even if conviction can't be avoided, we work to reduce penalties, explore alternative sentencing options, and help you maintain your ability to drive, work, and live your life.

What Our Clients Have to Say About Us

"Was Able to Get Three Out of the Four Charges Against Me Dropped" - Dustin M. (5-Star Avvo Review)

I would highly recommend Kylie Whittaker as a criminal attorney. She represented me in a case in Breckenridge, Colorado, and was able to get three out of the four charges against me dropped. Not only that, but she was able to negotiate a minimal probationary period for me, as well. Throughout the entire process, Kylie was professional, knowledgeable, and always kept my best interests in mind. I am extremely grateful for her representation and the positive outcome of my case.

"Was Very On Top of My Case" - 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!

Other Locations We Serve In Colorado

Your Future Shouldn't Wait—Talk to Whitaker & Penix, LLC, Now

It's not too late to call our Frisco DUI defense attorneys for legal guidance about your case. Call Whitaker & Penix, LLC, at (970) 368-0602—we've seen it all and are ready to protect you.

Frequently Asked Questions

When Should I Hire a Colorado DUI Defense Lawyer?

Call a lawyer immediately after your arrest. You've got a tight deadline to save your driver's license (seven days), and evidence like security footage or witness memories can disappear quickly.

What Should I Ask When Hiring an Attorney?

When hiring an attorney, ask if they know the local system, if they've handled DUI cases before, and if they'll be available when you need them.

How Can a DUI Defense Lawyer Help Me?

We know where to look for weaknesses in the evidence, how to negotiate, and how to protect your license. Plus, we handle the legal headaches so you can focus on what matters—your life, your job, and your family.

Do I Need a DUI Attorney if I Think I'm Guilty?

Absolutely. Just because you had a few drinks doesn't mean you're guilty of DUI. There are countless ways to challenge the evidence. Plus, our Frisco DUI charge attorneys can often negotiate better plea deals or alternative sentences that keep you out of jail and on the road.

Can I Go to Jail for DUI in Frisco, Colorado?

Yes, jail time is possible, but it doesn't mean you will end up behind bars. At Whitaker & Penix, LLC, we're committed to helping clients avoid jail through alternative sentencing, plea negotiations, or by fighting the charges entirely.