DUI Cases in Denver
Denver is the only consolidated city-and-county in Colorado, and it operates its own court system distinct from the state county-court structure. Most misdemeanor DUI/DWAI charges are heard in Denver County Court; felony DUI, vehicular assault, and vehicular homicide cases proceed in the Denver District Court at the Lindsey-Flanigan Courthouse, 520 W Colfax Avenue, Denver, CO 80204. Denver makes up the entire 2nd Judicial District.
Denver Police, Colorado State Patrol, and University of Colorado / Auraria campus police all charge DUIs into the Denver courts. Stops cluster on I-25, I-70, I-225, US-6 (6th Avenue), Colfax, Speer, Federal, Broadway, and the LoDo / RiNo entertainment corridors. Late-night stops outside ballparks, concert venues, and bars are common, as are stops on holidays at sobriety checkpoints.
Daniel's recent Denver work includes a 2024 not-guilty jury verdict on a DUI charge with a breath test of .110 — well above the per-se 0.08 limit. He also obtained a 2024 dismissal of a Denver third-degree assault / domestic violence case that was later sealed.
OverviewWhen a DUI Arrest Happens, Two Cases Start at Once
A Denver DUI arrest triggers two parallel proceedings: a criminal case in Denver County or District Court, and a civil express-consent revocation before the Colorado Division of Motor Vehicles. Each has its own timeline, evidence standard, and strategy. Miss the DMV hearing window — just seven days from the date of your notice — and you may lose your license regardless of the criminal outcome.
Daniel H. Kyser handles both. He has defended Colorado DUI and DWAI charges in every metro-area county plus courts across the state, from Gunnison to Greeley, Fort Collins to Pueblo.
Types of Cases Handled
- First-offense DUI and DWAI (misdemeanor)
- Second and third DUI/DWAI (enhanced mandatory-jail cases)
- Felony DUI (fourth or subsequent conviction — C.R.S. § 42-4-1301)
- Underage drinking and driving (UDD)
- Marijuana and combined-drug DUI
- Prescription-medication impairment cases
- Refusal cases & implied-consent DMV hearings
- Vehicular assault & vehicular homicide
- Commercial driver (CDL) DUI and out-of-state license defense
Penalties at a Glance
Colorado's penalty scheme is driven by prior history and BAC. General ranges include:
- DWAI (1st): up to 180 days jail, up to $500 fine, 8 DMV points, possible probation and classes.
- DUI (1st): 5 days to 1 year jail (suspendable), $600–$1,000 fine, 9-month license revocation, interlock.
- DUI (2nd): 10 days mandatory jail (no suspension), 1-year license revocation, 2-year interlock, alcohol monitoring.
- DUI (3rd): 60 days mandatory jail, 2-year revocation, extended interlock, probation.
- Felony DUI: class 4 felony, 2–6 years prison presumptive (with mandatory aggravators possible).
Defense Strategies
A disciplined DUI defense attacks each link in the prosecution's chain:
- Stop: Was the initial traffic stop supported by reasonable suspicion?
- Investigation: Were roadside maneuvers properly instructed, performed on suitable terrain, and scored correctly under NHTSA standards?
- Arrest: Did the officer have probable cause — not just suspicion?
- Chemical test: Was the Intoxilyzer 9000 or blood draw conducted within the statutory two-hour window? Was the testing agency accredited? Were the operator certifications current?
- Disclosure: Did the prosecution timely disclose maintenance records, calibration logs, and officer body-worn camera?
Recent Denver Results
- Not Guilty — DUI / Breath .110 (Denver County, 2024). Jury acquittal despite a breath-test result well above the per-se limit.
- Dismissed — Third-Degree Assault / Domestic Violence (Denver County, October 2024). Case dismissed pre-trial; client's record subsequently sealed.
Past results do not guarantee future outcomes. See full case results.
Frequently Asked Questions
Where will my Denver DUI case be heard?
Most misdemeanor Denver DUI cases are heard in Denver County Court, which sits within the Lindsey-Flanigan Courthouse complex at 520 W Colfax Avenue. Felony DUI and vehicular cases proceed in Denver District Court (also at Lindsey-Flanigan). Denver is unique in Colorado as the only city-and-county that runs its own consolidated court system.
What is the difference between a DUI and a DWAI?
A DUI requires substantial impairment or a BAC of 0.08% or more. A DWAI is impairment "to the slightest degree," typically with a BAC between 0.05% and 0.079%. DWAI is a lesser offense but still carries jail, points, and probation exposure.
When does a DUI become a felony in Colorado?
A fourth or subsequent DUI/DWAI conviction is a class 4 felony under C.R.S. § 42-4-1301. DUIs involving serious bodily injury or death are separately charged as vehicular assault or vehicular homicide, which are always felonies.
Should I have refused the chemical test?
Colorado's express-consent law makes refusal a civil revocation (minimum one year). Whether refusal helped or hurt your case depends on the evidence — body cam, HGN results, and statements. Daniel reviews every angle to build the strongest defense available with what happened.
Can I keep driving with an interlock device?
In most first-offense cases, drivers can apply for an early reinstatement with an ignition-interlock device after an initial no-drive period. The specifics depend on BAC, refusal status, and prior history.