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.
Representative DUI Results
- Adams County, January 2025 — DUI Marijuana, not guilty at jury trial despite blood concentration measured at twice the per-se limit.
- Adams County, February 2025 — DUI 2nd Offense (refusal), dismissed at probable-cause hearing.
- Adams County, February 2024 — DUI refusal, acquitted at jury trial despite chemical-test refusal.
- Arapahoe County, 2023 — Felony DUI fourth-offense exposure reduced to misdemeanor DWAI plea.
- Jefferson County, 2023 — DUI per-se 0.21, deferred judgment to DWAI preserving a path to a clean record.
Past results do not guarantee future outcomes. See full case results.
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.
Counties We Serve
Daniel handles DUI and DWAI cases across the Denver metro and northern Colorado. Each courthouse has its own filing practices, plea expectations, and trial culture — these pages cover the local detail for the counties he appears in most often:
- Adams County DUI Defense — Brighton, Thornton, Northglenn, Commerce City
- Arapahoe County DUI Defense — Centennial, Aurora, Englewood, Littleton
- Denver DUI Defense — Lindsey-Flanigan Courthouse & Denver County Court
- Jefferson County DUI Defense — Golden, Lakewood, Arvada, Wheat Ridge
- Douglas County DUI Defense — Castle Rock, Parker, Highlands Ranch, Lone Tree
- Weld County DUI Defense — Greeley, Windsor, Evans, Frederick, Erie