24 HOUR HOTLINE: 303.377.0100
78 West 11th Ave - Denver, CO 80204-3616

Called the Best in Colorado DUI Attorneys: M. Colin Bresee

When faced with a DUI charge, you need the best of the best when it comes to Colorado DUI attorneys. The law office of M. Colin Bresee is the Colorado DUI attorney you need. Criminal charges like DUI and DWAI carry more real-world implications today than they did previously. If convicted, you are required by law to disclose these offenses to current and prospective employers, be placed in public records and more. Don’t wait until your Court date – you need an attorney now.

Experience With Colorado DUI Cases

Mr. Bresee has almost 20 years of experience and has handled over 1000 DUI and criminal traffic cases as both a prosecutor and a defense attorney. This experience is essential as it allows Mr. Bresee to anticipate in advance all of the evidentiary, tactical and procedural advantages that the State will try to use against you.

In most cases you only have 7 days from the date of the arrest to file your response with the Colorado DMV or you will forever be giving up your rights. Time matters. For this reason, our office accepts calls 24 hours a day to speak with Mr. Bresee. We are ready to begin helping you and aggressively attacking your case. No two Colorado DUI cases are the same, and our office will treat you and your case with the personalized attention you deserve.

Need a Colorado DWAI Attorney?

If you’re facing a DUI or DWAI charge, Mr. Bresee is the experienced Colorado DWAI attorney you need. We will work with you to not only help you understand the charges and the possible penalties, but together we will determine the best possible strategy based on the specific details of your case and your circumstance.

Contact Us Today – Available 24 Hours

Mr. Bresee is well known as one of the top Colorado DUI attorneys. Contact our offices 24 hours a day at 303-377-0100. We offer a free consultation and payment plans so you can have your case handled by the Colorado DUI attorney you deserve and not a “factory” DUI firm. Mr. Bresee meets with you and represents you in court – no junior associates, no bait-and-switch. It is your money and your future at stake. Consider you options wisely.

What You Need to Know NOW About your DUI/DWAI Charge

  • You will lose your license in 7 days if you don’t act immediately
  • You can lose your license for up to one year, even on a first offense, with no restricted/provisional license.
  • Under the new laws, there are now mandatory jail sentences for DUIs and as of July 2010 there are even more rules to make you go to jail.
  • Under current laws, interlock devices are required for most people convicted of a DUI. These aren’t cheap – YOU have to pay the expense for installation in addition to a monthly fee that can add up to $1000 annually.
  • If you are found guilty or plead guilty of a DUI, you will be assessed approximately $1500 in state surcharges – these are NOT optional. This does NOT include any fines that the court may impose.
  • If convicted or you take a plea, the State will order you to attend alcohol classes and at YOUR expense through THEIR providers. In most cases, the minimum time required is 24 hours and you can only do a maximum of 2 hours/week.
  • You could be ordered to not consume alcohol.
  • You may be required to wear a SCRAM unit (an alcohol-detecting ankle bracelet).
  • The court can order you to attend AA.
  • The court can incarcerate you for 90 days to sober you up.
  • College students are all subject to a code of ethics at his or her school. Students can be expelled, even on a first offense, for simply being CHARGED with a DUI or DWAI.

Statutes Associated with DUI and DWAI Charges

42-4-1301. Driving under the influence – driving while impaired – driving with excessive alcoholic content – definitions – penalties – repeal.

  • (1) (a) It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle.
  • (b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive a motor vehicle or vehicle.
  • (c) It is a misdemeanor for any person who is an habitual user of any controlled substance defined in section 12-22-303 (7), C.R.S., to drive a motor vehicle, vehicle, or low-power scooter in this state.
  • (d) For the purposes of this subsection (1), one or more drugs shall mean all substances defined as a drug in section 12-22-303 (13), C.R.S., and all controlled substances defined in section 12-22-303 (7), C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of any other toxic vapor or vapors.
  • (e) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense against any charge of violating this subsection (1).
  • (f) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
  • (g) “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
  • (h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as “drove a vehicle under the influence of alcohol or drugs or both”.
  • (i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI, it shall be sufficient to describe the offense charged as “drove a vehicle while impaired by alcohol or drugs or both”.
  • (j) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3 , C.R.S., shall not constitute a defense against any charge of violating this subsection (1).
  • (k) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
  • (l) “Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
  • (m) Pursuant to section 16-2-106 , C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as “drove a vehicle under the influence of alcohol or drugs or both”.
  • (n) Pursuant to section 16-2-106 , C.R.S., in charging the offense of DWAI, it shall be sufficient to describe the offense charged as “drove a vehicle while impaired by alcohol or drugs or both”.

42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample – testing.

  • (1) Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person’s consent to the provisions of this section.
  • (2) (a) (I) A person who drives a motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person’s breath or blood for the purpose of determining the alcoholic content of the person’s blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, habitual user, or UDD. Except as otherwise provided in this section, if a person who is twenty-one years of age or older requests that the test be a blood test, then the test shall be of his or her blood; but, if the person requests that a specimen of his or her blood not be drawn, then a specimen of the person’s breath shall be obtained and tested. A person who is under twenty-one years of age shall be entitled to request a blood test unless the alleged violation is UDD, in which case a specimen of the person’s breath shall be obtained and tested, except as provided in subparagraph (II) of this paragraph (a).

42-4-1302. Stopping of suspect.

A law enforcement officer may stop any person who the officer reasonably suspects is committing or has committed a violation of section 42-4-1301 (1) or (2) and may require the person to give such person’s name, address, and an explanation of his or her actions. The stopping shall not constitute an arrest.

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