You’ve been pulled over and are now facing DUI or DWAI charges in Colorado. The decisions you make next could shape your future. You need an attorney – not just someone familiar with DUI defense, but one with the expertise to handle even the most complex and high-profile cases.
A DUI or alcohol-related driving charge can upend your life in an instant. You may feel wronged by the system, uncertain about how you’ll be treated, or even frustrated with yourself. Your reputation, career, and future are on the line. It’s completely normal to feel overwhelmed, unsure of your next steps, and worried about what comes next. In moments like these, having a knowledgeable, experienced advocate by your side is essential. You need someone who will fight for you.
At Moloney Law, we understand the intricacies of Colorado’s DUI laws and are committed to protecting your rights. Whether this is your first offense or you have prior convictions, we offer aggressive legal representation to guide you through the legal process and work toward the best possible outcome.
Colorado has strict laws when it comes to impaired driving, and understanding the differences between a DUI (Driving Under the Influence) and a DWAI (Driving While Ability Impaired) is crucial. Both charges are based on your blood alcohol content (BAC) level and the observed level of impairment by law enforcement.
- DUI (Driving Under the Influence): A driver is considered legally impaired if their BAC is 0.08% or higher. However, law enforcement can also issue a DUI charge if they determine that drugs or alcohol have significantly affected the driver’s ability to operate a vehicle safely, even if the BAC is below the legal limit.
- DWAI (Driving While Ability Impaired): A lesser charge than a DUI, a DWAI applies when a driver has a BAC between 0.05% and 0.079% and is found to be impaired “to the slightest degree.” Even though the legal limit for a DUI is higher, a DWAI conviction still carries legal consequences.
- Underage DUI: Colorado has a “zero tolerance” policy for drivers under 21, meaning any driver under the legal drinking age with a BAC of 0.02% or higher can face DUI charges.
- Drug-Related DUI: Impairment from marijuana, prescription medications, or other controlled substances can also result in a DUI charge, even if the driver has a valid prescription or the substance is legal.
Colorado enforces strict express consent laws, meaning that by driving on Colorado roads, you automatically agree to submit to a breath or blood test if suspected of DUI. Refusing to take a test can result in automatic license suspension and enhanced penalties.
A DUI conviction can have lasting repercussions, affecting various aspects of your life beyond the immediate legal penalties.
Consequences Of A Dui Conviction May Include:
- Jail or Prison Time – Sentences can range from short-term jail stays to long-term incarceration for repeat offenses.
- Fines & Court Costs – Convictions often come with substantial financial penalties.
- License Suspension – Losing your driving privileges can make daily life difficult.
- Mandatory Treatment Programs – Courts may require alcohol education, substance abuse counseling, or ignition interlock device installation.
- Employment Challenges – A DUI conviction on your record can impact job opportunities and professional licensing.
The severity of these penalties depends on factors such as prior offenses, BAC levels, and any aggravating circumstances such as accidents or injuries.
At Moloney Law, we take a strategic and aggressive approach to DUI defense. Our experience as Denver DUI attorneys handling DUI cases allows us to craft strong defense strategies, including:
- Challenging Evidence: Examining whether the breathalyzer or blood test results were accurate and lawfully obtained.
- Questioning Probable Cause: If law enforcement lacked legal justification for your traffic stop, we work to suppress evidence.
- Analyzing Field Sobriety Tests: Many sobriety tests are subjective and may not be reliable indicators of impairment.
- Negotiating for Reduced Charges: In some cases, we may seek to reduce DUI charges to lesser offenses, such as reckless driving.
- Fighting for Dismissals: If procedural errors or insufficient evidence exist, we pursue case dismissals.
Our commitment as a law firm is to provide each client with skilled legal representation, clear guidance, and an aggressive criminal defense to protect their rights.
You Want A Denver DUI Attorney Who Will Provide You With Individually Tailored Analysis And Guidance Throughout The Process.
Justice is not the same in every case, yet for many, the justice system feels more like an assembly line of cases. That is why you want a Denver DUI attorney who will listen closely to the details of your case and work tirelessly for you – to position your specific case to meet your specific goals. You want an attorney who isn’t judgmental – one who cares about you and your specific situation. An attorney who takes pride in helping and supporting you.
You Want An Attorney Who Is Knowledgeable And Experienced In Dui-Specific Cases.
While DUI cases in Colorado are like other cases in many ways, they are different in ways that can make all the difference. You need a Denver DUI attorney who is well-versed in criminal defense, understands the law, and can thoroughly review and analyze your case so that nothing is missed. You want an attorney who knows what to look for in your specific case – an attorney who can properly determine if your case should be (or must be) dismissed.
You Want An Attorney Who Has Successfully Litigated All Levels Of Crimes And Complex Criminal Cases.
Understanding what goes into DUI defenses is a must, but proper execution is the only way to achieve the best possible outcome. You want a DUI-DWAI attorney who is well-versed in courtroom skills and trial presentation. You need an attorney who understands the complexities of drunk driving cases, from field sobriety tests and breathalyzer accuracy to police procedures and legal loopholes. A strong defense isn’t just about knowing the law – it’s about challenging the prosecution’s evidence, identifying rights violations, and using the right legal strategies to reduce or dismiss charges.
You Want An Attorney Willing To Litigate Your Case To The Very End.
While more than 98% of criminal cases settle without a trial, sometimes a trial is required to have the best chance to obtain justice and protect one’s future. You want an attorney who knows how to skillfully, professionally, and convincingly present your case to a jury if and when justice so requires. You want an attorney who is completely committed to you. One who is willing to go the full way as your supporter and your champion.
You Want An Attorney Who Can Be Your Voice, Your Advocate, And Who Prioritizes You.
When it comes to trial and outcomes, the criminal justice system doesn’t give out participation trophies. It is an adversarial system – meaning, it is set up to have competing advocates on both sides of a case (prosecution and defense). While you can’t pick your prosecutor, you – and only you – can pick your attorney.
If you are arrested for DUI or DWAI in Denver, follow these critical steps to protect your rights:
- Remain Silent – Do not admit guilt or discuss details with law enforcement without a lawyer.
- Do Not Refuse Testing – While you have the right to refuse a BAC test, doing so results in an automatic license suspension.
- Contact an Attorney Immediately – The sooner you secure legal representation, the stronger your defense can be.
A strong DUI defense strategy depends on the specific details of your case, but common defenses include:
- Faulty Breathalyzer Results – Breath test machines must be properly maintained and calibrated. If errors in calibration or administration occured, test results may be challenged.
- Illegal Traffic Stop – Law enforcement must have reasonable suspicion to pull you over. If the stop was unjustified, evidence obtained during the stop may be inadmissible in court.
- Medical Conditions & Alternative Explanations – Some medical conditions, such as diabetes or acid reflux, can produce breath test results that falsely indicate intoxication. Additionally, symptoms of fatigue or anxiety can be mistaken for impairment.
A DUI conviction remains on your record permanently in Colorado. Unlike some other states, Colorado does not allow DUI convictions to be expunged or removed, meaning that they can appear on background checks indefinitely. This means that a Colorado DUI can have long-term consequences for employment, housing, and professional licensing.
However, some individuals may qualify for record sealing or expungement in limited circumstances, such as if the charges were dismissed or if they were acquitted. If you were arrested for a DUI but not convicted, it may be possible to seal your record, preventing it from being visible to the public. An experienced attorney can evaluate your case and determine whether you have options to minimize the impact of a DUI on your future.
At Moloney Law, we know that facing a DUI-DWAI charge can be overwhelming, and we’re here to make the process easier. With over 16 years of experience, including time as a prosecutor, Bradley Moloney understands both sides of the courtroom. This allows us to anticipate how the prosecution will approach your case and build a strong defense around you.
Unlike other lawyers who take a cookie-cutter approach, we take the time to understand your situation. Whether it’s questioning breathalyzer accuracy, challenging a traffic stop, or negotiating for reduced charges, we explore every possible option to protect your rights.
We also believe in clear, open communication. You’ll never feel left in the dark about your case – we’ll guide you every step of the way so you know what to expect.
When you choose Moloney Law, you’re not just getting a DUI lawyer; you’re getting a dedicated advocate who will fight for your future, whether that means securing a dismissal, reducing charges, or taking your case to trial.
If you are facing DUI or DWAI charges in Denver, don’t face them alone. Contact Moloney Law today for a free consultation and let us fight for your rights and your future. Call us now to schedule your case evaluation with an experienced DUI lawyer in Denver.
Call us today at 720.307.7267 or schedule a free consultation through our website.
When the stakes are at their highest, trust The Moloney Law Firm to defend your future.