DUI and DWAI Offenses


Driving Under the Influence. Under Colorado law, a driver who drinks alcohol or takes drugs and is substantially incapable of safely operating a motor vehicle is Driving Under the Influence or DUI. This is a strict liability offense. This is sometimes called Driving While Intoxicated.

Penalties for a first time DUI – DWI include:

  • A jail sentence up to one year (and perhaps even more).
  • Judges will likely impose an actual jail sentence to be served.
  • Probation can be imposed for up to two years.
  • The fines and costs are very high and can exceed $1400.
  • The driver must submit to an alcohol evaluation and attend and complete classes and therapy as recommended.
  • A victim’s impact panel will be required.
  • Restitution will be imposed.
  • Useful Public Service is required. This is usually from 48 hours up to 96 hours.
  • Loss of your driver’s license on an alcohol related revocation.
  • Loss of a driver’s license on a point suspension.
  • A DUI carries 12 points against your driver’s license.


  • Under Colorado law, a driver whose BAC is above a .008 at the time of driving or within a reasonable period of time thereafter is DUI-Per Se.
  • The same penalties noted above for DUI and DWI apply.
Get the aggressive defense you need. Call our Denver Office at (303) 753-0900 for a FREE initial consultation.


  • The prosecutor need not make you a plea offer.
  • A plea offer in a DUI case is usually conditioned upon a number of factors.
  • If you are charged with a DUI First Offense, the Prosecutor will likely look at the following factors:
  • How bad was the driving;
  • Does the driver have a criminal history;
  • Where did the driving take place;
  • Was there an accident;
  • Were there any injuries;
  • Injuries include persons or animals.
  • Was there property damage;
  • Was anyone put at risk.
  • Were children in the vehicle.
  • Did the driver submit to a blood or breath test;
  • What was the BAC result;
  • Was there a refusal to submit to a chemical test;
  • Was the driver polite and respectful;
  • Is the driver taking responsibility;
  • Was the driver in possession of any other drugs or intoxicants;
  • Was there marijuana or a open container in the vehicle.
  • Is the driver enrolled in state certified alcohol education classes?
If you are charged with a DUI offense, you should enroll in alcohol education classes immediately.
Call (303) 753-0900 for a FREE initial consultation.

Depending on the underlying facts of a case, the deputy district attorney “may” offer a reduced plea of “Driving While Ability Impaired-First Offense”.

  • The maximum jail sentence is often reduced to six months.
  • The fines and costs are reduced.
  • Any jail imposed can be suspended.
  • Note: Some judges will impose an actual jail sentence to be served.
  • The driver will likely be placed on DUI Probation for up to a year.
  • The driver will submit to an alcohol evaluation and attend and complete classes and therapy as recommended.
  • A victim’s impact panel will be required.
  • Restitution will be imposed.
  • Useful Public Service is usually significantly reduced.
Albani Law is a premier Colorado DUI Defense Law Firm.
Peter Albani has long been considered one of the most successful DUI defense lawyers in Colorado.
Call Albani Law at (303) 753-0900

Facing a criminal DUI charge alone can be a daunting task. You should at least speak with an attorney before you decide how to proceed on your case. The State will have an attorney and so should you.


  • If any of the following factors exist in your DUI - First Offense case, you should strongly consider hiring counsel.
  • Poor driving
  • A poor driving history
  • No valid driver’s license.
  • A Suspended license or Revoked License.
  • Driving in a restricted zone like a school zone.
  • A high BAC
  • A low BAC
  • Refusing to take a chemical test
  • Children in the car
  • An accident
  • Any Injuries of any kind to persons or animals
  • Property damage
  • Other drivers and pedestrians at risk
  • Poor attitude with DUI officers
  • Poor attitude towards the Court or District Attorney

If you are a licensed professional, a DUI is likely to affect your professional license.

Recent Post

What Our Clients Say About Us

    The outcome was totally worth the fee! What is your freedom worth? Don't get screwed around call the best attorney in town! T. Smith

    thumb Tracy S.

      Imagine my fear and confusion when I wake up one morning to find 3 uniformed police officers at my doorstep, asking about the girl staying with me.

    Turns... read more

    thumb Stephan F.

      I highly recommend Mr. Peter Albani if you have any criminal charges. He specializes in kindness, empathy, and fighting for your rights. He is professional and deeply knowledgeable of the... read more

    thumb Kristy K.
  •   First and foremost, I would highly recommend Peter Albani; be sure to meet with him if you find yourself with criminal charges. Peter's greatest strengths are his professionalism, experience, and... read more

    thumb Sarah P.

      Mr. Albani diligently fought non stop for well over 6 months in order to keep me out of prison. He made sure that I was always at ease and checked... read more

    thumb Kati S.

      I was recently facing a criminal charge that could have had disastrous consequences for my career and personal life. I didn't want to hire anyone other than the best... read more

    thumb Charles K.
  •   I had a great experience with Mr. Albani. He is not just a capable attorney but also a very personable . I really appreciate how he cared about my... read more

    thumb Heidi M.

      Mr. Albani defended me and was the most amazing person. He kept it real and didn't mince how the case may come out. When we one my cases against me... read more

    thumb Wes D.

Get Your First Consultation FREE!

Your Criminal Defense Attorney in Denver, Fairplay, and Breckenridge, Colorado
Request free Consultation