First-Offense DUI Defense in Fort Collins

Since 1991, Focused Defense for Your DUI & License Proceedings

A first DUI arrest can start two separate proceedings: a criminal case and a Colorado Department of Revenue action against your driving privileges. Deadlines in the license matter may arrive before the court case develops, so the traffic stop, arrest, chemical testing, and paperwork should be reviewed promptly.

Roselle & Breitigam, P.C. has focused solely on criminal defense since 1991. We represent people accused of DUI, DUI per se, driving while ability impaired (DWAI), drug-impaired driving, and refusing a chemical test.

Call (970) 238-7900 to arrange a free initial consultation about your arrest and the next steps in both proceedings.

Colorado Penalties for a First DUI Conviction

DUI generally concerns driving while substantially incapable of safely operating a vehicle. DUI per se is based on a blood alcohol concentration (BAC) of at least 0.08 within the period defined by Colorado law. DWAI applies when alcohol, drugs, or both affect a person to the slightest degree, making that person less able than usual to drive safely. It carries different statutory ranges and consequences from DUI.

A first DUI or DUI per se conviction is generally a misdemeanor. Under current Colorado law, the statutory penalties can include five days to one year in county jail, a fine of $600 to $1,000, and 48 to 96 hours of useful public service. The court may suspend the minimum jail term when specified evaluation and treatment conditions are met.

Sentencing depends on the charge, evidence, driving history, and circumstances of the incident. A BAC of 0.15 or higher can result in classification as a persistent drunk driver and additional requirements, even when it is the person’s first impaired-driving case.

The Colorado Express Consent License Process

Colorado Express Consent is the administrative process used to address an alleged chemical-test refusal or qualifying BAC result. The Colorado Department of Revenue may pursue a license revocation independently of the criminal prosecution. A favorable result in one proceeding doesn’t automatically resolve the other.

A DMV license revocation hearing uses a preponderance-of-the-evidence standard, which asks whether an allegation is more likely true than not. Criminal court applies the higher beyond-a-reasonable-doubt standard. Depending on how notice was issued, a driver may have only seven days to request an Express Consent hearing, making prompt review of the arrest documents critical.

A first chemical-test refusal can result in a 12-month revocation and later ignition interlock device requirements. Available hearing issues, driving options, and reinstatement conditions depend on current law and the administrative record.

How We Examine a First-Offense DUI Case

Our attorneys include former Deputy District Attorneys who prosecuted DUI cases. That background informs how we assess the state’s evidence, identify law-enforcement errors, and address the criminal allegation and separate license proceeding.

A defense review may examine:

• The traffic stop: Whether the officer had a lawful basis to stop the vehicle.
• The arrest decision: Whether the available facts established probable cause.
• Roadside observations: Whether reported speech, balance, behavior, or driving patterns support the officer’s conclusions.
• Field sobriety testing: Whether the tests were administered properly or affected by medical, physical, environmental, or instructional issues.
• Breath or blood evidence: Whether collection, timing, handling, analysis, and required procedures support a reliable result.

No single defense applies to every arrest. We review the evidence and procedural history before developing a strategy around the charge and the client’s priorities.

Local Counsel for a Larimer County First DUI

Larimer County is part of Colorado’s Eighth Judicial District, and the Colorado Judicial Branch identifies a DUI courtroom at the Larimer County Justice Center. The venue and procedure depend on the charging documents and case assignment. We help clients understand their court obligations while monitoring the independent administrative proceeding.