DUI Defense Lawyers in Fort Collins 

Former Prosecutors Fighting DUI & License Suspension in Colorado

A DUI or DWAI arrest in Colorado triggers two separate, high-stakes legal battles: a criminal court case that threatens your freedom and a rapid administrative proceeding before the Colorado Department of Revenue (DMV) that threatens your right to drive. 

Facing law enforcement officers, chemical test results, and strict prosecutors can leave you feeling powerless. At Roselle & Breitigam, P.C., we know how to defend against impaired driving allegations because we spent years prosecuting them as former Deputy District Attorneys. 

Since 1991, our firm has protected drivers in Fort Collins and the surrounding communities. We know the playbooks prosecutors use, where law enforcement officers make mistakes, and how to aggressively dismantle state evidence to protect your driver's license and freedom.

Discuss your case with a Fort Collins DUI defense attorney by contacting us online or at (970) 238-7900 for a free initial in-office or virtual consultation. 

How Our Firm Defends Your DUI Charge in Colorado

When you hire Roselle & Breitigam, P.C., we do not simply accept police reports or chemical test numbers at face value. 

We approach every DUI file with a rigorous, defense-driven evaluation designed to challenge the state’s case from every angle:

Immediate DMV express consent action - Following an arrest involving a chemical test refusal or a breath/blood test showing a BAC over the legal limit, you have strictly seven days to request a DMV express consent hearing to contest an administrative license suspension. 

We file for this hearing immediately to protect your driving privileges and to use the proceeding to cross-examine arresting officers under oath before trial. 

Auditing the traffic stop and probable cause - Law enforcement must have reasonable suspicion to pull your vehicle over and probable cause to initiate a DUI investigation. We review police dashcam and bodycam footage to verify whether officers had a legitimate legal reason to stop your vehicle or if your Fourth Amendment rights were violated.

Scrutinizing field sobriety tests - These tests are highly subjective and frequently misadministered by patrol officers. We expose officer errors, environmental distractions, uneven pavement, and physical conditions that cause false indicators of impairment.

Challenging breath and blood test equipment - Chemical test results are subject to strict legal and scientific protocols under Board of Health regulations. We inspect breathalyzer calibration logs, review chain-of-custody documentation for blood samples, and assess whether medical or technical flaws compromised your test results.

Aggressive negotiation and trial readiness - Because local District Attorneys know our firm prepares every case for trial, we negotiate from a position of strength. We push for charge reductions (such as reducing a DUI to a DWAI or non-alcohol traffic violation), alternative sentencing, or complete case dismissals.

Understanding Colorado Impaired Driving Offenses

Colorado law establishes multiple distinct charges related to operating a vehicle while impaired by alcohol, drugs, or a combination of both:

• Driving Under the Influence (DUI). Under Colorado law, a person commits DUI when operating a vehicle while substantially incapable, mentally or physically, of exercising clear judgment or safe control.
• DUI “per se.” Driving with a blood alcohol content (BAC) of 0.08% or higher constitutes DUI "per se". Under the statute, prosecutors need not prove bad driving; the test result alone constitutes statutory proof of impairment.
• Driving While Ability Impaired (DWAI). A driver can be charged with DWAI if their ability is affected to the “slightest degree,” typically inferred when a BAC is between 0.05% and 0.079%.
• Driving Under the Influence of Drugs (DUID). Colorado law prohibits driving while impaired by prescription medications, over-the-counter drugs, or recreational marijuana. For marijuana, Colorado statute establishes a permissible inference of impairment if a blood test reveals 5 nanograms or more of active Delta-9 THC per milliliter of blood.