Facing criminal charges in Colorado? Free consultation, available 24/7.

(719) 259-2012
495 connections
Criminal charge

DUI First Offense

A first DUI in Colorado is a misdemeanor carrying possible jail, fines, license consequences through the DMV express-consent process, and an alcohol-education requirement.

What Right Law Group attorneys say

focus on that first okay so dui cases it can actually be pretty complicated um obviously the best thing to do is if you get pulled over actually pull over don't run away but when you get pulled over some common tips are you know keep your hands on the wheel make sure that you're being respectful of the officer and don't try to make any sudden movements or anything like that then
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
what's going to happen is the officer is going to ask you questions you know you're being investigated for a dui if they say how much have you had to drink tonight now you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
so they'll also ask to put you through some things that are called sfsts it's standard field sobriety tests a lot of you probably have seen these it's things like doing a walk and turn test standing on one leg some some people still do the touch your nose even though that's not standardized but going through these tests you can do them if you want but you do have the right to refuse to do them they're also
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
going to ask you if you want to take a breath or a blood test now this is something that a lot of people get confused on in the state of colorado you absolutely have the right to refuse testing some police will tell you that you can't refuse but you can you can say no i don't want to do any kind of test there are different questions as to whether you should do a test or not
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
if you do refuse a test then you are going to have your license immediately taken away now the good news is if you call our office right after that or any criminal defense firm in the in the colorado springs area we can then petition the the dmb to get you a restricted license so refusing even though you lose your license the cops will tell you you're going to lose your license for a year the most you'll probably lose it is about 60 days but with that if you choose to refuse they
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
can't look at anything that's in your system now if you choose a breath or a blood test you won't lose your license right away if it comes back under the legal limit so let's walk through like breath test versus blood test definitely um a lot of people get confused about the they call it the breath test or the intoxilizer people think that you've seen on videos and things where the cops come up to you they have like your little breathing thing and they blow into this that is not an intoxilyzer that is called a pbt or a preliminary breath test that is not admissible in court so if the cops shove something in your face and says your blow on this nothing that comes in from that is going to be an accurate reading and it's not something that they can use against you in court they're just trying to gauge whether or not you have been drinking if they get a positive hit on there and you see uh oh it shows that i'm above the legal limit you can then refuse and the courts are never going to be able to
Alexis Austin Litle · RLG Live | Alexis Answers Questions About DUIWatch clip ↗
View all 25 clips ›

Frequently asked questions

After I hire your firm for my DUI case, what happens next and how will you communicate with me?

Alexis explains: "immediately um because that is one thing that is incredibly crucial as far as timing for duis go the actual criminal side of things takes a lot longer to get to the court system awesome cool oh learn something every day um so once we are called and we are hired what happens after that with a dui case so every law firm operates a little differently i can tell you what right that's definitely um what we do at wright law group is we are really big on being very very communicative with our clients we make sure that our clients can text us call us email us facebook us whatever they need to do we actually have had a couple of clients call us from the back"

Answered by Alexis Austin Litle · Watch clip
Am I going to have to do community service on top of everything else?

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them"

Source · View source
Am I going to have to go to jail?

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them."

Source · View source
At my DUI stop the agent asked whether I got a yellow piece of paper called an express consent affidavit. What is an express consent affidavit?

The express consent affidavit is a specific form tied to your DUI stop and what happens with your license. Alexis explains: "there's going to be a sheet of paper the DUI officer fills out, and it's called the Express Consent Affidavit form. What this is, is they're gonna be going over whether you choose to do a breath test, a blood test, or whether you refuse. And this is what's sent to the Department of Motor Vehicles to determine how they proceed." In her description, the DUI officer fills out the form, and it records whether you chose a breath test, a blood test, or a refusal. Alexis notes that this is the document sent to the Department of Motor Vehicles to determine how they proceed. The DUI statute it ties back to is C.R.S. 42-4-1301, available at https://hub.rightlawgroup.com/statutes/crs-42-4-1301.

Answered by Alexis Austin Litle · Watch clip
Beyond lawyer fees and court costs, what are the real costs of a first DUI in Colorado?

Right Law Group's guide explains: "The costs of DUI go far beyond lawyer fees and court costs. If you find yourself facing your first DUI in Colorado , you might be hoping for some leniency."

Source · Read guide
Can doing my DUI requirements early help me get unsupervised probation instead of supervised?

Alexis explains: "the end point because a lot of my clients that i've worked with over the years don't want to be on supervised probation because they don't want a probation officer breathing down the neck which makes sense and probation costs money so if they're doing all these things in advance it can keep it so that they don't have to have a supervisor on probation they can do what's called unsupervised probation um and be able to just turn in everything either to the law firm to the courts directly oh perfect perfect yeah i was gonna say like we really like to jump get proactive get ahead of it come up to court ready to go we already have stuff um handled so"

Answered by Alexis Austin Litle · Watch clip
Can I refuse a breath or blood test in Colorado even if the officer says I cannot?

Alexis explains: "going to ask you if you want to take a breath or a blood test now this is something that a lot of people get confused on in the state of colorado you absolutely have the right to refuse testing some police will tell you that you can't refuse but you can you can say no i don't want to do any kind of test there are different questions as to whether you should do a test or not"

Answered by Alexis Austin Litle · Watch clip
Can you just give me a ballpark number right now, without going through the whole intake process?

Right Law Group's guide explains: "According to the Colorado Department of Transport, the average DUI lawyer cost in Colorado is $3,650. Not much of a price tag when you factor in that first-offense DUIs in Colorado cost an average of $13,530 when all the costs are tallied."

Source · View source
Could I actually go to jail even though this is my first DUI?

Right Law Group's guide explains: "you can lose your license for up to nine months, spend up to a year in jail, and end up spending thousands in court costs and related fees."

Source · View source
Do I actually have to show up in person to every single court date, or can my lawyer go for me sometimes?

In a verified client review: "When I needed representation within a week they were there for me immediately and I didn't need to show up for certain hearings."

Source · View source
Do I have to do the field sobriety tests an officer asks me to perform during a DUI stop?

Alexis explains: "so they'll also ask to put you through some things that are called sfsts it's standard field sobriety tests a lot of you probably have seen these it's things like doing a walk and turn test standing on one leg some some people still do the touch your nose even though that's not standardized but going through these tests you can do them if you want but you do have the right to refuse to do them they're also"

Answered by Alexis Austin Litle · Watch clip
Do I have to get one of those breathalyzer interlock things put on my car even for a first offense?

Alexis explains: "a lot of first-time offenders will only have to keep an interlock device installed in their car for nine months"

Answered by Alexis Austin Litle · View source
Do you have an idea what the quote would be, or do you charge some kind of average rate?

Right Law Group's guide explains: "According to the Colorado Department of Transport, the average DUI lawyer cost in Colorado is $3,650."

Source · View source
Does an officer need a reason to pull me over before a DUI stop?

Alexis explains: "another question that well just more give you guys information of what also comes along with dui charges do you just get pulled over you get a dui is it only people are also speeding is it are there typical general combined charges with that that is a great question i can talk all day about this i'll try to be brief yeah so the basic idea is the police cannot contact you without a reason um in legalese we call it reasonable articulable suspicion that criminal activity is afoot"

Answered by Alexis Austin Litle · Watch clip
Does it even matter whether you plead the fifth at a DUI stop, or does it not make a difference to your case either way?

Alexis explains: "you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you"

Answered by Alexis Austin Litle · View source
Earlier you mentioned a part of the DUI process I did not fully follow. Can you explain that express consent and DMV side of a DUI again?

The piece of the DUI process that catches most people off guard is Colorado's express consent law, which runs alongside the criminal case. Jimmy explains: "Under Colorado law, when you drive on Colorado roads, you've already agreed to submit to chemical testing of your breath or your blood if you're arrested or suspected for DUI. That agreement affects both your criminal case and your driver's license." He points out that most drivers have never heard of this law until the worst possible moment. The express consent notice records whether you took or refused the testing and what the results were, and it sets out the deadlines that now apply to you.

Answered by Jimmy Litle · Watch clip
How are DUI First Offense cases handled in the Combined Court?

DUI First Offense cases in Littleton are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

Source · Court and DA info
How do I get the interlock device installed in my car and how can I get it removed early?

Alexis explains: "sometimes they can lessen if you're doing doing your thing i mean good choices as with anything if you make the right choices you're going to have a much easier time exactly exactly and then is that something that you get approved like through that interlock company is it the dmv is it the court how do you how do you get off that's a great question how do you get out of that how do you stop blowing yeah so with the the interlock device in your car um you have to get a private company to install it honestly i tell people that have really nice cars you want to get a like a bang-up car because it can really mess with your systems um sometimes the installation you want to go to a certified installer because if you get some janky like back alley person installing it they can mess up with all of your systems in your car then you might get pulled over again because it might turn your headlights off um so you want to make sure you have a certified interlock provider put it in your car um the ignition won't start unless you blow into the device and then they are reading it so these things are pretty sophisticated it has like a little tube that you blow into that measures your bac and then they've got a camera mounted on the dash so they are looking at you when you're blowing into it this is a big deal because if you get in your car and you're drunk and you ask your passenger to blow into it for you they will see that they're gonna see it they take pictures good luck yeah so you'll be on candid camera there we go um but to get it out of your car you have to talk to your interlock provider and say hey am i able to get off early they'll send a note to the dmv and they'll say we have not had any issues with this person we're good with them getting off early and then the dmv will process that so it's kind of a joint effort yeah yeah yeah that's good to know um"

Answered by Alexis Austin Litle · Watch clip
How does a car interlock device work, and how long will I have to keep it after a DUI?

Alexis explains: "but personally intoxilizers in your car kind of scare me because you have to blow into them while you're driving um and anytime it dings you have to blow and you have to blow long on hard enough which this sounds kind of dirty we are live talking about blowing into things in the car um so but you have to make sure that you've got the breath behind it to support it you have to make sure that you don't have anything that could register as alcohol going on either i've actually had clients who a lot of you may know about the keto diet where you're trying to eat only like a high fat diet yeah you actually produce a lot of acetone in your breath when you're on that diet and that can register as a heart attack yeah yeah it's crazy so there are a lot of different components even though there are some basic tips that we can give you guys for duis there are a lot of different nuances with that but for the most part um someone with an intoxilyzer in their car is going to be going for it's called an interlock but um with an interlock device they'll be looking at any anywhere between four to four months to 24 months depending on the severity okay and then"

Answered by Alexis Austin Litle · Watch clip
How does the intoxilyzer breath test at the police station work, and what happens if I am over 0.08?

Alexis explains: "use that against you the actual intoxilizer test is down at the police station so the cops will have to take you from your car to the police station where they do a very long process for the intoxilizer um what they do is they have like a 20 minute deprivation period meaning you have to sit there for 20 minutes not putting anything in your mouth not drinking or eating anything so that they get a clear read and then what they're going to do is have you breathe into it they're going to take a break and then they're going to have you breathe into it again that is an actual result and that will get you your bac or your blood alcohol content results immediately if it comes back above a 0.08 for that intoxilizer test they're going to take your license away but"

Answered by Alexis Austin Litle · Watch clip
How many days do I have to request a DMV hearing after a DUI stop before I lose my license?

Alexis explains: "again if people call us we can go to the dmv ask them to reinstate their license and they can get their license back within 30 to 60 days so long as we are able to get that dmv hearing in time now what's really really important to understand is if you refuse a breath test or a blood test or you take a breath test you only have seven days from the time you get pulled over to the time that your license is gonna be completely revoked you only have seven days to request that dmv hearing if you miss the deadline for the request you don't have a license for a year so that really stinks that's why we're always telling our clients call us as soon as you get pulled over yeah for"

Answered by Alexis Austin Litle · Watch clip
How Much Does a DUI Lawyer Cost?

Right Law Group's guide explains: "A DUI has a lot of moving parts. According to the Colorado Department of Transport, the average DUI lawyer cost in Colorado is $3,650."

Source · Read guide
How much does it cost to hire a lawyer at your firm?

Right Law Group's guide explains: "According to the Colorado Department of Transport, the average DUI lawyer cost in Colorado is $3,650."

Source · View source
How much is a first DUI actually going to cost me when it's all said and done?

Right Law Group's guide explains: "first-offense DUIs in Colorado cost an average of $13,530 when all the costs are tallied."

Source · View source

Each answer links directly to the source where a Right Law Group attorney addressed this question.

24 answers grounded in Right Law Group sources

Penalties

  • Bail and Bond Fees$1,000–$5,000 bond; $50–$200 bondsman fees
  • Car Towing Fees$150–$200
  • Chemical Testing Fee$30–$500
  • Commercial Driver's License (CDL) Suspension
  • Community Service24–120 hours depending on offense
  • Court Fines$600–$1,000 (plus up to $2,750 in additional fees)
  • Driver's License Suspension
  • Points on Driving Record

Related charges

Related concepts

What clients say

The situation

my DUI (first time and will only be the one time)

What changed

They negotiated with the DA and dropped certain charges and lessened one

The result

Didn't pay a fine only court costs

Edward L.★★★★★Google verified
Read the full review ›
The situation

I got my first DUI

What changed

she made sure I got the lowest charge possible

The result

the result was a Wet &Reckless

George A. Alexis Austin Litle★★★★★Google verified
Read the full review ›
View all testimonials ›

Related blog posts and resources