Vail, Colorado DUI and DUID Defense Attorney

Jesse Wiens Law represents individuals charged with DUI and DUID offenses throughout the Vail Valley and across Colorado. Colorado law defines Driving Under the Influence (DUI) and Driving Under the Influence of Drugs (DUID) as operating a motor vehicle while impaired by alcohol, marijuana, prescription medication, or other controlled substances. If a law enforcement officer stops you late in the evening, the officer will typically ask whether you consumed alcohol or drugs. Additionally, since Colorado legalized marijuana, officers actively investigate drivers for marijuana impairment.

Colorado DUI Roadside Maneuvers and Preliminary Breath Tests

First, every Colorado driver should understand that roadside maneuvers are voluntary. Officers commonly request these maneuvers to gather evidence that may later support prosecution. For example, an officer may ask a driver to walk heel to toe along a real or imaginary line without stepping off or raising their arms. Although this task sounds simple, many sober individuals struggle to perform it perfectly. Therefore, drivers should recognize that these maneuvers are designed to test balance, coordination, and divided attention under stressful conditions.

In addition, officers often request that a driver submit to a Preliminary Breath Test. While officers may suggest that the result cannot be used in court, that statement is only partially accurate. Although a prosecutor cannot admit the numerical result at trial, a judge may consider the result when determining whether probable cause existed to require a formal chemical test. For this reason, the attorneys at Jesse Wiens Law advise drivers to politely decline voluntary roadside maneuvers and Preliminary Breath Tests.

Colorado Chemical Testing and Express Consent Law

Under Colorado’s Express Consent Law, a driver must submit to a chemical test of blood or breath after an officer establishes probable cause for DUI or DUID. When alcohol is the sole suspected factor, the driver may choose between a blood test or a breath test. However, when drugs are suspected, Colorado law requires a blood test. If a driver refuses the required chemical test, the Colorado Department of Revenue will typically revoke that person’s driving privileges. Consequently, early legal advice is critical when facing a refusal allegation.

DMV Hearings and Administrative License Suspension

In addition to criminal charges, DUI and DUID cases involve the Colorado Division of Motor Vehicles. If a chemical test result shows a blood alcohol content of .05 but less than .08 for an adult driver, prosecutors may charge Driving While Ability Impaired (DWAI). However, if the result is .08 or higher, the driver must request a DMV hearing within seven days of receiving the citation. At that hearing, a hearing officer determines whether to suspend the driver’s license. The length of any suspension depends on prior history and whether the driver refused testing.

DUI, DWAI and Driver’s License Points in Colorado

A DUI conviction results in twelve points against a Colorado driver’s license. A DWAI conviction results in eight points. Because the DMV may suspend driving privileges when a driver accumulates twelve points within twelve months or eighteen points within eighteen months, careful monitoring of point accumulation is essential. Moreover, the outcome may vary depending on whether the DMV has already taken administrative action based on a chemical test result or refusal.

Why Early Legal Representation Matters

A person charged with DUI or DUID should contact a criminal defense attorney immediately. Critical deadlines, including the seven day DMV hearing request, can significantly affect driving privileges and defense strategy. Therefore, prompt action protects both your license and your legal rights. At Jesse Wiens Law, we guide clients through each stage of the criminal and administrative process to ensure that their rights remain protected.

Free DUI and DUID Criminal Defense Consultation

Every DUI and DUID case requires careful review of the evidence, police procedures, and applicable Colorado statutes. If you have been arrested or are under investigation, speak with an experienced Colorado DUI defense attorney as soon as possible.

Contact Jesse Wiens Law to schedule a free and confidential consultation.

Frequently Asked Questions

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