When a DUI Arrest Happens, Two Cases Start at Once
A Colorado DUI arrest triggers two parallel proceedings: a criminal case in 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?
Why Clients Choose Daniel for DUI Cases
- Not-guilty jury verdicts — including a 2025 Adams County not-guilty on a marijuana DUI with a blood test twice the per-se limit.
- Not-guilty jury verdict on a refusal DUI in Adams County (2024).
- Not-guilty jury verdict on a DUI breath test of .110 in Denver County (2024).
- Direct attorney communication — Daniel personally handles every court appearance, DMV hearing, and plea negotiation.
Frequently Asked Questions
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.