Fighting a DUID Charge: Legal Defenses That Work in Colorado
June 19, 2025
Fighting a DUID Charge: Legal Defenses That Work in Colorado
Facing a DUI involving drugs (DUID) charge in Colorado is serious—and the consequences can affect your freedom, finances, and future. Whether you were using prescription medication, marijuana, or another substance, you still have legal rights. At Alfrey & Associates, PC, we believe in building aggressive, strategic defenses tailored to your case.
Here’s how we challenge DUID charges—and what defenses might apply to your situation.
🚨 What Is a DUID in Colorado?
Colorado law prohibits operating a motor vehicle while impaired “to the slightest degree” by any drug, whether it’s legal or illegal. This includes:
- Prescription drugs like painkillers, sleep aids, or antidepressants
- Over-the-counter medications like cold and allergy remedies
- Marijuana, even if used legally
- Illicit substances such as meth, heroin, or cocaine
Unlike alcohol-related DUIs, there’s often no clear-cut “legal limit” for most substances. That gives law enforcement more discretion—and leaves more room for error.
🔍 Defense 1: Lack of Probable Cause
Police must have a valid reason to stop you. If they pulled you over without reasonable suspicion of a traffic violation or erratic behavior, we can challenge the legality of the stop. Any evidence collected after an illegal stop—including test results—can be suppressed.
🧪 Defense 2: Inaccurate or Improper Chemical Testing
Blood and urine tests are often used to detect drugs—but they’re far from perfect. Our firm investigates:
- Chain of custody issues
- Improper storage of samples
- Lab errors or contamination
- Testing for inactive metabolites that don’t indicate impairment
These weaknesses can raise reasonable doubt and help us push for a reduction or dismissal.
👮♂️ Defense 3: Challenging the Officer’s Observations
In many DUID cases, officers rely on field sobriety tests and subjective evaluations—like pupil size or speech patterns. But medical conditions, fatigue, or even anxiety can mimic impairment symptoms. We use expert testimony and cross-examination to challenge the credibility of these claims.
📉 Defense 4: Lack of Actual Impairment
Just because a substance is present in your system doesn’t mean you were impaired. Some drugs stay in your bloodstream for days or weeks. This is especially relevant in marijuana cases, where THC metabolites may be detectable long after the effects wear off. We argue the difference between presence and impairment to protect your rights.
⚖️ Defense 5: Legal Medical Use
If you were using lawfully prescribed medication and were not impaired, that can form the basis of your defense. Colorado does not automatically criminalize driving after taking medication—but you must be alert and able to drive safely. We present medical records, pharmacy history, and doctor testimony to support your case.
⏳ Don’t Wait—Get Legal Help Right Away
A DUID conviction can result in jail time, license suspension, steep fines, and a permanent mark on your record. But the sooner you act, the more options you have. Delays make it harder to gather evidence, challenge test results, or prepare a strong case.
At Alfrey & Associates, PC, we know Colorado’s DUID laws inside and out. We dig deep into every case, challenge every weakness, and fight for the best possible outcome.
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In Colorado, a DUI arrest sets into motion not one but two distinct legal processes: a criminal court case and a Department of Motor Vehicles (DMV) administrative hearing. Many people are unaware that these two systems operate independently and carry different implications for a driver’s future. If you or someone you know is facing DUI charges in Colorado, understanding the separation between DMV and criminal court is critical. Each case follows unique rules, timelines, and consequences that can affect your driving privileges, legal record, and overall freedom. Why Are DUI Cases Handled Separately? Colorado treats driving under the influence seriously, and its laws reflect a commitment to road safety. Separating the DMV and criminal court cases allows the state to address two different but related issues: Criminal Court Case: The criminal court determines the legal guilt or innocence of the DUI charge and, if found guilty, imposes penalties like fines, probation, jail time, and court-ordered treatment. DMV Administrative Hearing: The DMV hearing focuses solely on whether the driver’s license should be suspended or revoked due to impaired driving. This is an administrative process and does not determine guilt or innocence in the criminal sense. The state’s goal is to ensure both public safety and proper legal handling of DUI charges by maintaining these separate processes. What Happens in Criminal Court for a DUI? When you’re charged with a DUI in Colorado, your case will be handled in criminal court, where a judge or jury examines the evidence to determine guilt or innocence. If convicted, you could face severe penalties, including: Fines and court fees Jail time or probation Alcohol education or treatment programs Community service Points on your driving record Your attorney will work to build a defense in criminal court, challenging evidence, questioning the legality of the traffic stop, or negotiating a plea deal to reduce or dismiss the charges. What Happens at a DMV Hearing? In parallel with your criminal case, the DMV schedules an administrative hearing to address the suspension or revocation of your driving privileges. You must request this hearing within seven days of your DUI arrest; otherwise, you risk an automatic license suspension. Here, the focus is not on whether you’re guilty of a DUI in a criminal sense, but on whether your blood alcohol concentration (BAC) was above the legal limit or if you refused a chemical test, which can result in an automatic suspension. Key factors the DMV considers include: Was your BAC at or above 0.08%? Did you refuse a chemical test, which automatically triggers penalties under Colorado’s Express Consent Law? Was the DUI arrest conducted within lawful guidelines? Unlike criminal court, the burden of proof at a DMV hearing is lower. The hearing officer only needs to determine if the evidence supports a license suspension based on probable cause and testing results. Final Thoughts: Navigating the Dual Challenges of DUI Charges Facing a DUI charge in Colorado is complicated, particularly with the dual challenges of criminal and DMV proceedings. Understanding the differences between these processes is essential to protecting your rights and minimizing the consequences. At [Your Law Firm Name], we are committed to guiding you through each step, helping you retain your driving privileges where possible and building a strong defense in court. If you’re dealing with a DUI charge, contact us today to discuss your case and learn how we can assist you in both the DMV and criminal court. We’re here to protect your rights and help you move forward.
In Colorado, any driver who operates a vehicle is subject to the state's Express Consent Law. This law requires that if you are lawfully stopped by law enforcement under suspicion of impaired driving, you must consent to a chemical test to measure your blood alcohol concentration (BAC) or the presence of drugs. Understanding how this law works, what it requires of you, and what happens if you refuse is crucial for any driver in Colorado. What is the Express Consent Law? Colorado’s Express Consent Law, sometimes referred to as "implied consent" in other states, essentially means that by driving on Colorado roads, you automatically agree to submit to a chemical test if law enforcement suspects you of driving under the influence (DUI) or driving while ability impaired (DWAI). This test can be a breathalyzer or blood test, depending on the situation and the type of impairment suspected. If an officer has reasonable grounds to believe you are impaired, they may request a chemical test. Refusing to take this test can have immediate and significant consequences, regardless of whether you are ultimately found guilty of DUI or DWAI. What Happens if You Refuse a Chemical Test? If you refuse a chemical test under the Express Consent Law, Colorado imposes strict penalties, including: Immediate License Suspension: Refusing a chemical test triggers an automatic license suspension. For a first refusal, this suspension lasts for one year. Subsequent refusals can lead to even longer suspensions. Ignition Interlock Device Requirement: After the suspension period, you may be required to install an ignition interlock device on your vehicle. This device prevents the vehicle from starting if it detects alcohol on your breath. Designation as a Persistent Drunk Driver (PDD): Refusing a chemical test can classify you as a Persistent Drunk Driver (PDD), regardless of your prior driving record. This designation brings additional requirements, such as extended interlock device use and mandatory alcohol education programs. Potential Legal Consequences: In court, refusal to take a chemical test can be used as evidence against you. Prosecutors often argue that refusal implies an attempt to hide impairment, which may weaken your defense and lead to harsher sentencing. Exceptions and the Right to Choose Your Test Colorado drivers have the right to choose between a breath or blood test in most cases. However, there are exceptions to this rule: Drug Impairment: If law enforcement suspects drug use, they may require a blood test rather than a breath test, as breath tests do not detect drugs. Medical Reasons: Certain medical conditions or the unavailability of specific testing equipment can determine the type of test administered. Accident-Related Testing: In the case of serious accidents, law enforcement may be permitted to require a blood test without a driver’s consent. Why Colorado Has an Express Consent Law The purpose of Colorado’s Express Consent Law is to keep roads safe by deterring impaired driving and making it easier for law enforcement to identify and prosecute those who drive under the influence. By discouraging refusals, Colorado seeks to ensure that more drivers comply with testing, which in turn helps to reduce accidents caused by impaired driving. Defending Against Express Consent Law Violations If you’ve been charged with a DUI or have refused a chemical test, understanding your rights and potential defenses is critical. An experienced attorney can examine the details of your case to determine if law enforcement followed proper protocol when requesting a test. For example, officers must have reasonable grounds for the stop, must follow precise testing procedures, and must inform you of the consequences of refusal. Possible defenses may include challenging the legality of the traffic stop, disputing whether the officer had reasonable suspicion, or identifying errors in the handling or analysis of chemical test results. Additionally, if you believe there were valid reasons for your refusal (such as a medical condition), your attorney may be able to argue for leniency. The Importance of Legal Representation Colorado’s Express Consent Law can lead to severe consequences, especially for those who refuse a chemical test. However, you are not without options. By consulting with a knowledgeable DUI attorney, you can understand your rights, evaluate possible defenses, and work toward minimizing the impact of a DUI charge or refusal on your life. We have extensive experience handling DUI cases and helping clients navigate Colorado’s complex impaired driving laws. Whether you’ve been charged with a DUI or are facing penalties due to a chemical test refusal, we’re here to provide guidance and advocate for your rights. If you have questions about Colorado’s Express Consent Law or need legal assistance, contact us today for a consultation. Protecting your rights is our top priority.
If you’ve been charged with a DUI for the first time in Colorado, you may feel overwhelmed and uncertain about what comes next. A first-time DUI charge can have serious consequences that impact your driving privileges, financial well-being, and personal record. At Alfrey & Associates, PC, we understand what’s at stake, and we’re here to provide the dedicated support you need to navigate this challenging time. Here’s an overview of Colorado’s DUI laws and what you can expect as you move forward. Understanding DUI and DWAI in Colorado Colorado has strict laws regarding impaired driving, including charges for both Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI). Here’s what sets these charges apart: DUI (Driving Under the Influence): If your blood alcohol content (BAC) is 0.08% or higher, you may be charged with DUI. This level of impairment is considered a serious risk to public safety, and a DUI conviction comes with substantial penalties. DWAI (Driving While Ability Impaired): Colorado also recognizes that drivers may be impaired at lower BAC levels. If your BAC falls between 0.05% and 0.079%, you could be charged with DWAI, a lesser offense than DUI but still one that carries significant consequences. Impairment at Lower BAC Levels: Even with a BAC below 0.05%, you may still face charges if law enforcement determines that your ability to operate a vehicle is impaired. This makes it clear that any level of impairment is taken seriously in Colorado. Legal Consequences of a First-Time DUI in Colorado A first-time DUI offense in Colorado is typically a misdemeanor, but it comes with a range of penalties that can affect multiple areas of your life. Here are some potential consequences: Fines and Fees: Fines for a first-time DUI can range from several hundred to over a thousand dollars, depending on the specific circumstances of your case. License Suspension: For a first DUI offense, you may face a license suspension of up to 9 months. This can create challenges in getting to work, school, or managing daily responsibilities. Probation and Community Service: Probation is common for first-time offenders, often accompanied by community service requirements that vary based on court rulings. Alcohol Education and Treatment Programs: Many first-time DUI convictions require the completion of alcohol education or treatment programs to prevent future incidents. Increased Insurance Premiums: A DUI on your record can significantly raise your insurance premiums, leading to increased financial strain. Jail Time: Although not common for first-time offenses, jail time is possible under certain circumstances, especially if aggravating factors like a high BAC or an accident are involved. Why Choose Alfrey & Associates, PC for Your DUI Defense? With experience in Colorado DUI defense, Alfrey & Associates is committed to providing you with informed, strategic guidance every step of the way. We understand that every case is unique, and we’ll work closely with you to develop a personalized defense that aims to reduce or dismiss the charges against you whenever possible. From the initial consultation to court proceedings, we’re here to protect your rights and secure the best possible outcome. If you or a loved one has been charged with a DUI in Denver, contact Alfrey & Associates today to learn more about your rights and options. We’re here to stand by you, advocate for you, and help you move forward.