Denver DUI lawyerfor your court caseand your license.

01Two cases start the night you're arrested

A DUI arrest in Colorado sets two separate processes in motion. The first is the criminal case: the charge filed in court, with court dates, a prosecutor, and the possibility of jail, fines, probation and classes. The second is administrative. The Colorado Division of Motor Vehicles decides whether to revoke your driver's license, and it doesn't wait for the court to finish.

The two tracks run on different rules, with different deadlines and different people making the decisions. Winning one doesn't automatically win the other. That's why the first conversation with Will usually covers both: what the court case looks like, and what has to happen this week to protect your ability to drive.

02DUI, DWAI and what the test number means

Colorado has two main impaired-driving charges, and the breath or blood number plays a large part in which one you face. The law uses that number to create presumptions and inferences. A jury can weigh it alongside everything else: how you were driving, what the officer reports seeing, how the roadside tests went, and what the video actually shows.

DWAI, driving while ability impaired, means alcohol or drugs affected your driving to the slightest degree. DUI means you were substantially incapable of driving safely. DUI per se means your blood alcohol was .08 or more within two hours of driving, whether or not you seemed impaired.

03A first DUI in Colorado

Most people Will talks to after a DUI arrest have never been in trouble before. A first DUI is still a misdemeanor with real consequences: possible jail, fines and court costs, probation, community service, alcohol education and treatment, and a license revocation that often ends with an ignition interlock in your car.

What it doesn't have to be is the worst-case version. First-offense cases often turn on details: whether the stop was legal, whether the breath or blood test followed the rules, and what you do between the arrest and your first court date. Prosecutors and judges notice when someone has already started an evaluation or classes. In some cases the negotiation centers on reducing a DUI to DWAI, which carries lighter consequences.

"He instructed me to start my classes right away which help me get my driving privileges back and my smart start installed."

04A second, third or fourth DUI

Colorado counts prior DUI and DWAI convictions for life. A second conviction brings mandatory jail time, and the minimums climb with each one after that. With three or more prior convictions, a new DUI or DWAI is charged as a class 4 felony, which moves the case to district court and puts prison on the table. The felony defense page explains what that class means for sentencing.

Repeat cases are where alternatives matter most. Work release, in-home detention and treatment-based programs can change what a sentence looks like from day to day, and they can decide whether you keep a job while you serve it.

"I was facing my third lifetime dui. ... Will Frankfort ended getting me 6 months of work release when the judge was dead set on giving me 6 months to 1 year of strait time in county jail."

05The DMV express consent hearing

The license side usually starts with a notice of revocation handed to you at the arrest. In many cases that paper works as a short-term permit to drive, and requesting a hearing in time can keep your driving privilege in place until the hearing happens.

At the hearing, a hearing officer rather than a judge looks at whether the officer had grounds to contact you, whether there was probable cause, and whether the test result or refusal is properly proven. The arresting officer can be required to appear and answer questions, which can also preview their testimony for the criminal case. If the revocation stands, many drivers can get back on the road early with an ignition interlock.

06If you refused the breath or blood test

Colorado's express consent law means that by driving here, you've agreed to a breath or blood test when an officer has probable cause to suspect impaired driving. You can still say no, but refusing brings its own consequences: a longer license revocation than a failed test usually does, the persistent drunk driver label, and the prosecution can tell a jury that you refused.

A refusal case is not a lost case. The officer still needs a lawful reason for the stop and probable cause for the arrest. Without a number, the prosecution leans heavily on the officer's observations, and observations can be questioned with video, with conditions at the scene, and with everything else that explains why someone might look nervous on the side of a highway at night.

07Where DUI cases break down

DUI cases feel like they rest on one number. In practice they rest on a chain of steps, and each step has to hold. These are the places Will looks first.

• The stop. Police need reasonable suspicion to pull you over. Drifting within a lane, an equipment violation and an anonymous tip each raise different legal questions.
• The roadside tests. Field sobriety tests are voluntary in Colorado, and they're supposed to be given and scored a specific way. Footing, lighting, weather, injuries and plain nerves all affect them.
• The breath machine. Breath testing devices need proper certification and maintenance, and officers have to follow a waiting and observation period before the test.
• The blood sample. Blood draws come with a chain of custody and lab procedures that can be checked line by line.
• The paperwork and video. Reports get written fast. Body camera and dash camera footage doesn't always match them.

"I got a DUI back in April 2025. The case ended up being dismissed because there was a paperwork mistake made on the arresting deputies side (or so Will and I believe)."

And when a case should be tried, Will tries it. One recent client's DUI went to a jury.

"He knew the law, knew the facts of my case, and knew how to present them to the jury. He fought hard for me without ever losing that calm, professional demeanor. ... I was acquitted at trial."

08What Will does first

1. Calls you back.Usually within about 10 minutes. You read him your paperwork and he tells you what it means.
2. Protects your license.If the 7-day clock is running, the DMV hearing request goes in.
3. Gets the evidence.Police reports, video, and the records behind the breath or blood test.
4. Tells you where you stand.What's strong, what's weak, and which classes or evaluations to start now.
5. Fights the case.Negotiation, motions, or a jury trial, depending on what the evidence supports.

Facing a different charge from the same night? Many DUI arrests come with traffic counts or other misdemeanor traffic offenses, and Will handles those in the same case.

FAQDUI questions people ask on the first call