Denver DUI Defense: Your Rights, Your License, Your Future
Facing a DUI charge in Denver can be overwhelming.
You may feel like your future is on the line—and in many ways, it is. A conviction can affect your driver’s license, employment, reputation, and freedom. But a charge is not a conviction, and with the right legal defense, you have options.
At The Moloney Law Firm, we provide experienced Denver DUI defense tailored to your unique circumstances. Here are some proven legal defenses that may help reduce or even dismiss your charges.
Unlawful Traffic Stop
Police officers must have a valid, legal reason to pull you over. If you were stopped without reasonable suspicion—such as speeding, swerving, or violating traffic laws—any evidence collected afterward could be thrown out.
Your Denver DUI lawyer will examine the stop’s legality and, if found improper, may move to suppress any unlawfully obtained evidence.
Lack of Probable Cause for Arrest
Even if the traffic stop was valid, the officer must establish probable cause before making an arrest. Observable signs like red eyes, slurred speech, or unsteady movements can be challenged as results of fatigue, illness, or medication.
If probable cause was lacking, your DUI attorney may argue to suppress the arrest and any subsequent test results.
Improper Field Sobriety Testing (FSTs)
Field sobriety tests, including the walk-and-turn and one-leg stand, are not always reliable. Weather, footwear, and medical issues can all affect your performance.
A Denver DUI lawyer can challenge the officer’s training, adherence to procedures, and the conditions under which the tests were given.
Inaccurate Breath Test Results
In Colorado, the Intoxilyzer 9000 is used to test blood alcohol content (BAC). If the machine isn’t properly maintained or if the officer failed to observe the required 20-minute waiting period, the results can be challenged.
Mouth alcohol, acid reflux, or recent use of certain hygiene products can also skew results. The Moloney Law Firm routinely investigates calibration logs, operator credentials, and chain of custody to challenge test reliability.
Flawed Blood Test Procedures
Though considered more accurate, blood tests must be administered under strict guidelines. Mistakes in labeling, storage, or handling can invalidate the sample.
Your DUI attorney will review lab protocols, technician qualifications, and evidence handling to ensure your rights were not violated.
Medical Conditions That Mimic Impairment
Conditions such as GERD, diabetes, or neurological disorders can produce symptoms or test results similar to intoxication.
Your Denver DUI lawyer can present medical records or expert testimony showing that your behavior was linked to a legitimate condition—not alcohol.
Constitutional Violations
Were your rights upheld during the DUI stop and arrest? Common violations include:
Failure to read Miranda rights
Unlawful search of your vehicle
Coerced statements during questioning
If your constitutional rights were violated, your attorney may ask the court to suppress evidence, potentially weakening the prosecution’s case.
Drinking After Driving Defense
If you consumed alcohol after driving—but before being contacted by police—your BAC might have risen post-incident.
This defense is especially effective when there’s a delay between the alleged driving and the test. It forces the prosecution to prove your BAC was over the limit while you were actually operating the vehicle.
Eyewitness and Camera Evidence
Video footage from body cams, dash cams, or witness testimony can contradict the officer’s report. If the video shows you walking steadily, speaking clearly, or driving safely, your attorney can use it to undermine the DUI charge.
No Proof of Actual Driving
Under Colorado law, the prosecution must prove you were in “actual physical control” of the vehicle. If you were parked, asleep, or the car was off, your lawyer may argue there’s no evidence you were driving under the influence.
Administrative License Hearings
In addition to the criminal case, you must fight to keep your license at a DMV hearing. This is a separate legal process with strict deadlines—typically only seven days after your arrest.
The Moloney Law Firm will represent you in both proceedings:
Contest the license suspension
Present evidence supporting your defense
Argue for reinstatement or a restricted license if needed
Strategic, Personalized Defense for Denver DUI Charges
No two DUI cases are the same. Our team builds every defense on a detailed analysis of the evidence, timeline, and your individual circumstances. We pursue every legal avenue to safeguard your future.
What if I failed a breathalyzer test?
Even if you blew over the legal limit, the test could be challenged based on calibration, administration errors, or contamination.
Do I need a lawyer for a first-time DUI in Denver?
Yes. Even a first offense can lead to fines, license suspension, and jail. A lawyer helps reduce these consequences.
Can a DUI be dismissed in Colorado?
Yes. If legal procedures were violated or evidence is weak, charges may be reduced or dismissed entirely.
Will I lose my license immediately after a DUI arrest?
Not immediately—but you must request a DMV hearing within 7 days. A lawyer can help you preserve your driving privileges.
What’s the difference between DUI and DWAI in Colorado?
DUI means driving with a BAC of 0.08% or higher. DWAI means you were impaired to the slightest degree, even with a lower BAC.
Time matters in any DUI case. Call The Moloney Law Firm at (720) 719-0850 today to schedule your free consultation.
Legal Disclaimer:
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is unique. Contact a licensed Colorado criminal defense attorney like The Moloney Law Firm for specific legal guidance.
