DUI FAQ (Frequently Asked Questions)

Answers from DUI Defense Attorney Jeremy Loew

Should I have refused the breathalyzer test?

Maybe. Refusing the breathalyzer test triggers an automatic license suspension in Colorado (1 year for your first refusal), but it also means the prosecution has one less piece of evidence against you.

If you were clearly over the limit, refusal might have been smart. If you were borderline, taking the test might help your case. Either way, contact me or call me immediately—I can challenge both test results and refusals.

What’s the difference between DUI and DWAI in Colorado?

• DUI (Driving Under the Influence)** means your BAC was 0.08 or higher, or you were substantially impaired by alcohol or drugs.
• DWAI (Driving While Ability Impaired)** is a lesser charge for BAC between 0.05 and 0.08, meaning you were impaired “to the slightest degree.”
• DWAI carries lighter penalties than DUI, but it’s still a criminal conviction. I fight to get DUI charges reduced to DWAI—or dismissed entirely.

Will I lose my license?

Probably, but not automatically. Colorado has two separate processes: the DMV hearing (administrative) and the criminal case. You have only 7 days from your arrest to request a DMV hearing to fight the suspension. If you don’t request it, your license is suspended automatically.

I handle both the DMV hearing and the criminal defense to protect your driving privileges.

Can I get a DUI dismissed?

Possibly, if the prosecution’s case has problems. I look for:

• Illegal traffic stops (no probable cause)
• Faulty breathalyzer calibration or administration
• Violation of your rights during arrest
• Missing evidence or procedural errors

If I find weaknesses, I use them to negotiate a dismissal or win at trial.

What are the penalties for a first-time DUI in Colorado?

For a first-time DUI, you’re looking at:

• Up to 1 year in jail (though jail time is rare for first offenses)
• Fines up to $1,000
• 9-month license suspension (with possible early reinstatement)
• 48-96 hours of community service
• Alcohol education classes
• Possible ignition interlock device

I fight to minimize these penalties—get you into a diversion program, reduce charges, or beat the case entirely.

What happens at the DMV hearing?

The DMV hearing decides whether your license gets suspended. It’s separate from your criminal case and happens faster—usually within weeks of your arrest. At the hearing, I challenge whether the officer had probable cause to stop you, whether the breathalyzer was administered correctly, and whether your rights were violated. Winning the DMV hearing means keeping your license.

Can I drive to work if my license is suspended?

Maybe. Colorado offers a “probationary license” that allows you to drive to work, school, medical appointments, and alcohol treatment. You’ll need to install an ignition interlock device in your car.

I help clients apply for probationary licenses so they can keep working while their case is pending.

How much will a DUI lawyer cost?

My fees depend on the complexity of your case. A straightforward first-time DUI costs less than a case involving accidents, injuries, or prior convictions. I offer transparent pricing and discuss payment options during your free consultation.

What I can tell you: hiring an experienced DUI attorney is cheaper than a conviction.

Should I just plead guilty and get it over with?

No. Never plead guilty without talking to a lawyer first.

Even if you think the evidence is strong, there may be defenses you don’t see. I’ve gotten DUI charges reduced or dismissed in cases where clients thought they had no chance.

A guilty plea means a permanent criminal record, higher insurance rates, and all the penalties that come with a conviction. Let me review your case first.

What should I do right now?

Stop talking about your case to anyone except your attorney. Don’t post on social media. Don’t try to “explain” what happened to friends. Contact me, your best option for a DUI Defense in Colorado.