Boulder DUI Lawyer

An arrest for driving under the influence in Boulder can feel like your entire future just shifted.

One moment you’re heading home, the next you’re in the back of a patrol car, unsure of what happens next.

Your license, job, and freedom are suddenly at risk.

In times like this, you need a Boulder DUI lawyer who knows the law, understands the stress you’re under, and has the skill to protect your rights.

At Merson Law Office, LLC, we take that role seriously. We are dedicated to standing between you and the consequences of a conviction.

For a free consultation, please fill out our online form or call (970) 219-2923 today.

Understanding DUI Charges in Colorado

Colorado law recognizes several types of alcohol and drug-related driving offenses. 

While the terms often get used interchangeably, the distinctions matter:

• DUI. You were substantially incapable of safely operating a vehicle due to alcohol, drugs, or both. Prosecutors must prove impairment beyond a reasonable doubt.
• DUI per se. If you drove with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of actual impairment, the State could charge you with a DUI per se. 
• DWAI (driving while ability impaired). This is a less serious but still criminal charge, involving a BAC between 0.05% and 0.08%. In these cases, prosecutors argue you were impaired “to the slightest degree.”
• Underage DUI. Drivers under the age of 21 cannot legally drive with any alcohol in their systems. Even with a BAC as low as 0.02%, youthful drivers can end up with a criminal charge for underage DUI. 

Most DUI charges are misdemeanors, but some can become felonies. Felonies carry much harsher penalties and lifelong consequences.

When a DUI Becomes a Felony 

Not all DUIs are the same in Colorado. The difference between a misdemeanor and a felony often depends on prior convictions, whether any injuries occurred, and other factors.

These aggravating factors significantly heighten the potential consequences:

• Fourth DUI. A fourth conviction, regardless of circumstances, is a Class 4 felony. This can result in 2 to 6 years in prison and fines up to $500,000.
• Vehicular assault. If a DUI results in serious bodily injury, the charge becomes a Class 4 felony, punishable by 2 to 6 years in prison.
• Vehicular homicide. A DUI-related crash that causes death is a Class 3 felony, carrying 4 to 12 years in prison and fines up to $750,000.

This is why having a Boulder DUI defense lawyer with experience handling high-stakes felonies is critical in such situations.

DUIs and Drugged Driving in Boulder

Alcohol is not the only substance that can lead to a DUI. Marijuana and prescription drugs play a growing role in DUI arrests, especially in Boulder. Colorado has established a “permissible inference” level of 5 nanograms of THC per milliliter of blood. 

That means:

• Even if you felt sober, a blood test above this level can be used to argue impairment.
• Prescription medications, such as painkillers, anti-anxiety meds, or sleep aids, can also form the basis of a DUI if they affect your ability to drive safely.

These cases often involve toxicology reports and officer observations, which can be challenged. A Boulder DUI defense attorney knows how to question the reliability of these tests and whether officers followed proper procedures.

What Are the Penalties for a DUI in Boulder?

Colorado imposes mandatory minimum sentences that grow harsher with each conviction:

• First DUI—5 days to a year in jail, fines of $600–$1,000, license suspension up to 9 months, community service, and alcohol education;
• Second DUI—10 days to a year in jail, fines of $600–$1,500, license revocation up to 1 year, and mandatory ignition interlock; and
• Third DUI—60 days to 1 year in jail, fines of $600–$1,500, license revocation up to 2 years, and increased community service.

Even a DWAI can result in penalties of up to 180 days in jail, fines, and points on your license.

Collateral Consequences of a DUI

The criminal penalties are just one part of the equation. 

A DUI conviction can ripple through your life in ways many don’t anticipate:

• Employment barriers. Employers often run background checks, and a DUI record can shut doors to career advancement.
• Professional licensing issues. Nurses, teachers, lawyers, and other licensed professionals may face disciplinary action.
• Financial impact. Beyond fines, you’ll face higher insurance rates, ignition interlock costs, and alcohol education fees.
• Education setbacks. College students may face disciplinary action, scholarship loss, or study abroad restrictions.
• Immigration consequences. Non-citizens could face visa problems or deportation risks.

A conviction doesn’t just mean fines or jail. It can follow you every time you apply for a job, try to rent an apartment, or even renew your insurance. That’s why your defense isn’t just about fighting charges in court; it’s about protecting your future long after the case ends.

License Suspension and DMV Hearings

Your criminal case isn’t the only battle. 

The Department of Motor Vehicles can suspend your license even before your case goes to trial:

• A BAC of 0.08% or higher triggers an automatic revocation,
• Refusing a chemical test results in a one-year license suspension,
• Repeat offenses extend suspension periods significantly,

You need to act fast to protect your driving privileges. You may qualify for a restricted or interlock-restricted license, but only if you request a DMV hearing within seven days of your arrest. 

Why Acting Quickly Matters

Time is not on your side after a DUI arrest. Swift action can be a decisive element, as you must request a DMV hearing within a week of your arrest to contest a license suspension and retain driving privileges. Acting quickly also helps build a robust defense by involving your lawyer from the start and potentially preventing the loss of crucial evidence.

Evidence that can be lost if you don’t act quickly. For example, police bodycam or dashcam footage can get erased if no one promptly requests that it be saved. And witness memories fade, so getting interviews with witnesses as soon as possible is important.

In short, the earlier a DUI lawyer in Boulder is on your case, the more opportunities there are to challenge the State’s evidence and strengthen your position.

How a Boulder DUI Lawyer Can Help

A DUI case isn’t hopeless. In fact, the details often hold opportunities for defense. A knowledgeable defense attorney will dissect the State’s case piece by piece. 

Some key strategies include:

• Challenging the stop. Police must have lawful grounds to pull you over. If the stop was improper, your lawyer could file and argue a motion to suppress illegally obtained evidence.
• Scrutinizing field sobriety tests. These tests are subjective, and improper administration can render results unreliable.
• Examining chemical test procedures. Strict procedures govern how blood and breath tests are conducted. Flaws can lead to the suppression of results.
• Negotiating plea agreements. Your lawyer can use case weaknesses for leverage and get the prosecutor to agree to a lenient sentence if you prefer to avoid trial.
• Negotiating a reduced charge. Sometimes, reducing a DUI to a DWAI or reckless driving charge provides a better long-term outcome.
• Taking cases to trial. If prosecutors won’t compromise and the evidence is weak, a well-prepared trial defense can result in an acquittal.

Each DUI defense strategy starts with one principle: protect your rights at every stage.

The Merson Law Advantage

A DUI doesn’t have to define your future. When your future is on the line, who you choose as your lawyer matters. Attorney James Merson has over 20 years of criminal defense experience, including thousands of cases and trials across Boulder and Colorado. 

Our clients trust our firm for:

• Proven results. From dismissals to reduced charges, we have a record of securing meaningful, advantageous outcomes in tough DUI cases.
• Straight talk. Clients appreciate that we don’t sugarcoat the risks. Instead of empty promises, you’ll always get a clear picture of where you stand and what we can do to help.
• Balanced approach. We understand that clients may feel scared and unheard. We listen carefully while fighting aggressively in the courtroom.
• Local relationships. Years of practicing in Boulder County give us familiarity with local judges and prosecutors.

This mix of compassion and relentless defense makes The Merson Law Office, LLC, the trusted choice for those facing DUI charges in Boulder. 

The sooner you act, the stronger your defense can be. Speak with our Boulder DUI lawyer, who will hear your story and examine every angle of your case. With the right legal strategy, protecting your license, limiting your exposure to jail, and keeping your life on track is possible.

FAQs

What Is the Difference Between DUI and DWAI in Colorado?

A DUI requires proof that you were substantially incapable of safely driving due to alcohol or drugs. A DWAI requires only slight impairment, often tied to a BAC of 0.05%–0.08%. Both are criminal charges but carry different penalties.

Will I Automatically Lose My License After a DUI?

Not necessarily. Administrative penalties are separate from the criminal case. You may request a DMV hearing to challenge a suspension, and in some cases, you may qualify for a restricted license with an ignition interlock device.

Can DUI Charges Be Reduced in Boulder?

Yes. Depending on the evidence, a skilled DUI lawyer in Boulder can argue for charges to be reduced to DWAI or reckless driving, or even dismissed if constitutional violations or evidentiary issues exist.

How Long Does a DUI Stay on My Record in Colorado?

A DUI conviction is permanent in Colorado. However, the weight it carries for sentencing purposes is typically considered within a set timeframe for prior offenses.

What Should I Do Immediately After a DUI Arrest?

Exercise your right to remain silent, request an attorney, and avoid making statements to police without legal counsel present. Contacting a DUI defense attorney as soon as possible gives you the best chance at a strong defense.

Get started with a free consultation by calling (970) 219-2923 or sending us an online message today.

Resources:

• Colorado General Assembly. C.R.S. § 42-4-1301.3. Marijuana and driving, link.
• Colorado General Assembly. C.R.S. § 18-1.3-401. Felony sentencing, link.
• Colorado DMV. Alcohol and DUI, link.
• Colorado Department of Transportation (CDOT). Impaired Driving, link.
• No DUI Colorado. Resources on DUI laws and procedures, link.