Weld County Courthouse in Greeley, where Colorado DUI cases are heard.

Understanding the CDPHE Rules That Govern Breath Testing

Most Colorado DUI cases rise or fall on the evidential breath alcohol test (EBAT). These tests are not informal roadside tools — they are governed by strict rules issued by the Colorado Department of Public Health & Environment (CDPHE) in 5 CCR 1005-2.

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Denver County Courthouse (1437 Bannock St) — once home to Denver’s criminal courts, now a historic reminder of how far Colorado DUI law has evolved.

When you refuse a chemical test in a Colorado DUI case, the law says your license will be revoked. For decades, that was the end of the story — no test meant less evidence for prosecutors and a stronger defense in court.

But that changed with the Colorado Supreme Court’s 2022 decision in People v. Raider, 516 P.3d 911 (Colo. 2022). The Court upheld the legality of “blood warrants” — search warrants authorizing law enforcement to draw a driver’s blood by force after a refusal.

The post ⚖️ Raider Warrants: Forced Blood Draws After a DUI Refusal in Colorado appeared first on Denver DUI Attorney Blog.

Understanding When a Court Can Reject a Plea Agreement in Colorado

Plea agreements are the backbone of Colorado’s criminal justice system. Yet even when prosecutors and defense attorneys reach a deal, the judge is not required to follow it. Many clients ask, “When can a court reject a plea agreement in Colorado?” The short answer: anytime the judge believes the proposed sentence isn’t fair, appropriate, or in the interests of justice.

The Law in Colorado

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✅ Updated for 2025: This article was originally published in January 2023 and has been refreshed to reflect the most current information on hiring a Colorado DUI lawyer.

By Monte J. Robbins, Esq.

Facing a DUI in Colorado can feel overwhelming. Between the criminal case in court and the DMV deadline that can suspend your license in just 7 days, the stakes are high. Choosing the right lawyer is one of the most important decisions you’ll make. Below are 8 updated tips for 2025 to help you hire the best Colorado DUI lawyer — and protect your license, your record, and your future.

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A second or subsequent conviction for illegal possession or consumption of alcohol or marijuana by an underage person requires a one (1) waiting period from the date of the second or subsequent conviction.

Criminal offenses committed by victims of human trafficking are eligible at any time (no waiting period).

A two (2) year wait is required for Class 2 and Class 3 Misdemeanors, Level 4 Drug Felonies under CRS 18-18-403.5(2.5), and any Drug Misdemeanors.

Intentional misrepresentation of entitlement to an assistance animal or intentional misrepresentation of a service animal requires a three (3) year waiting period to commence upon conviction.

Class 4 Felonies, Class 5 Felonies, Class 6 Felonies, Level 3 Drug Felonies, Level 4 Drug Felonies (except those pursuant to CRS 18-18-403.5(2.5)), and Class 1 Misdemeanors are eligible after three (3) years from the completion of all criminal proceedings or the person’s release from supervision, whichever is later.

All other eligible offenses require a five (5) year waiting period.  The waiting period starts at the termination/completion of all criminal proceedings in the case or the person’s release from supervision, whichever is later.

It may be possible to seal Misdemeanor offenses that are ineligible for a record seal if the district attorney’s office consents to the sealing or the person can show by “clear and convincing evidence” that her need for sealing the records is “significant and substantial”, she is no longer a threat to public safety due to the passage of time, and the disclosure of the records is no longer necessary to inform/protect the public.

Records that may be sealed include, but are not limited to police records, arrest records, probation records, court records, sheriff’s department records, other agency records, other custodians of records, and prosecution records.

Aside from convictions for petty offenses and drug petty offenses, the person must show that her interest in sealing the records outweighs the public’s interest in retaining the records (balancing test).

If you have criminal history records (convictions, arrests, dismissals, etc.) that are impacting your ability to find employment, pursue higher education, locate housing, pursue a brighter future, or you simply want to clear-up your record contact Colorado Criminal Record Sealing Lawyer Monte Robbins today to discuss sealing your records and making a fresh start: 303-355-5148.

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Selling cars without a retail motor vehicle dealer’s license in Colorado is a criminal offense.  Sometimes unlicensed individuals selling cars are known as “curbstoners”.  The definition of a motor vehicle dealer in Colorado includes simply offering for sale or lease more than 3 (i.e. 4 or more) new or used motor vehicles at the same address or phone number in any one calendar year.  It also includes actually selling or leasing 3 or more new or used motor vehicles in a calendar year.  An owner of real property may also be charged with a criminal offense of acting as an unlicensed dealer if she permits more than 3 (i.e. 4 or more) motor vehicles to be offered for sale or lease on her property in a calendar year.

These cases are typically investigated by the Colorado Department of Revenue, Specialized Business Group-Auto, Criminal Investigators and then referred to the respective county’s district attorney’s office.

Pursuant to CRS 44-20-124 it is illegal for someone to act as a motor vehicle dealer, manufacturer, distributor, wholesaler, manufacturer representative, business disposer, motor vehicle salesperson, used motor vehicle dealer, buyer agent, wholesale motor vehicle auction dealer, unless the person has the correct license for such activities.  There are some exceptions as follows: 1) business owners selling a vehicle owned for more than 1 year, the vehicle was used exclusively in the business, titled in the business name,  all vehicle taxes have been paid, and the total of vehicles sold by the business over a 2 year period does not exceed 20 vehicles; 2) manufacturers of utility trailers that weigh less than 2000 pounds and who do not manufacture any other type of motor vehicle; and 3) a person other than a manufacturer operating a motor vehicle dealer pursuant to CRS 44-20-126, who is a licensed dealer selling their own manufactured motor vehicles.

The criminal charges for motor vehicle dealer violations are typically class 2 misdemeanors.  However, any person who is acting as a manufacturer, distributor, or manufacturer representative without a license commits a petty offense (effective March 1, 2022).  The penalty for someone who is acting as a motor vehicle dealer, wholesaler, buyer agent, wholesale motor vehicle auction dealer, business disposer, motor vehicle salesperson, used motor vehicle dealer, commits a petty offense (effective March 1, 2022).

Attorney Monte Robbins has experience representing individuals who are charged with criminal offenses of selling motor vehicles or advertising motor vehicles as an unlicensed dealers.  Often times individuals are charged with a very large number of violations based upon the number of alleged sales or simply the number of alleged vehicles offered for sale.  Contact Attorney Monte Robbins today for a confidential consultation regarding your unlicensed dealer criminal charges: 303-355-5148.

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Lindsey-Flanigan Courthouse in Denver — home to many of Colorado’s felony DUI proceedings.

✅ Updated October 2025

A Colorado Felony DUI occurs when a person has three or more prior convictions for alcohol- or drug-related driving offenses — including DUI, DUI per se, DWAI, vehicular homicide, or vehicular assault — under C.R.S. § 42-4-1307(6.5). A fourth or subsequent offense elevates the charge to a Class 4 Felony, exposing the defendant to potential Department of Corrections imprisonment rather than county jail.

The post Colorado Felony DUI in 2025: Penalties, Data Trends, and Legal Context appeared first on Denver DUI Attorney Blog.

Phillips County DUI, DUI per se, DUI drugs, DWAI, and Felony DUI cases are prosecuted by the Sterling Office of the 13th Judicial District Attorney’s Office.  The courthouse is located at 221 S. Interocean Avenue, 2nd Floor, Holyoke, Colorado 80734.  The county court criminal docket is typically held on Thursdays.

Due to the lower population of Phillips County, Colorado, DUI and DWAI charges are  infrequently charged in the county court system.  In the year 2021, there were 20 total DUI cases and only 1 DWAI case charged in the court.  The Phillips County Sheriff’s Office, the Holyoke Police Department, the Haxtun Police Department, and the Colorado State Patrol are active law enforcement agencies in the county.

If you’ve been arrested for a DUI offense in Phillips County Colorado it’s important to recognize that you likely have two cases going on at the same time.  The first case is a civil case with your driver’s license administered by the Colorado Department of Revenue.  The second case is a criminal case in Phillips County Court.

The civil case with your driver’s license is triggered by submitting a breath test at .08 or greater (or .02 or more if under 21 years of age), refusing a breath/blood test, or submitting a blood test yielding a result of .08 or greater (or .02 or more if under 21 years of age).  A hearing should be requested with the DMV within 7 days of the date of notice of the Express Consent Affidavit and Notice of Revocation for breath or refusal cases, and by the deadline indicated in the letter received from DMV for blood test cases.  If a driver is unable to request a hearing by the deadline in the Express Consent Affidavit or by the deadline indicated in a letter from DMV, a “late hearing request” may be submitted which sets forth the grounds upon which an Express Consent Hearing should be granted.  If a late hearing request is granted, it may/may not be possible to obtain a temporary permit to drive on upon until the hearing.

The criminal case in Phillips County Court will typically commence with an initial court date as indicated on a person’s summons (ticket) or bond paperwork.  It’s typically best to secure representation as quickly as possible prior to any court appearances in the case.  An experienced DUI lawyer will likely move the court date to allow time to investigate the case and prepare an aggressive defense strategy with the client.

If you’ve been charged with a DUI or DWAI offense in Phillips County, Colorado contact Attorney Monte Robbins today for a free case evaluation at 303-355-5148.  Mr. Robbins is experienced with DUI matters in Phillips County Court.

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Colorado has revised their DUI and DWAI penalty structure again in 2022.  The penalty for a first time DUI or DUI per se offense is 5 days to 1 year in jail (the Court may suspend the 5 days if the person pays for and completes an alcohol and drug evaluation and treatment).  $600 to $1000 may be imposed as a fine, with the Court retaining discretion to suspend the fine.  48 to 96 hours of community service at a non-profit agency will be imposed.  If the person has a BAC of .20 or greater, a minimum 10 days up to one year of jail will be imposed.  However, the Court may impose “sentencing alternatives” such as work release, work-seek release, work release for a self-employed business, reasonable and necessary child or family care services, education release, medical treatment, day reporting, behavioral health treatment, reentry program.  Probation may be imposed not to exceed two years.

The penalty for a first time DWAI driving while ability impaired conviction is 2 days to 180 days in jail, the minimum 2 days may be suspended upon the person successfully completing an alcohol/drug evaluation and treatment.  A BAC of .20 or greater requires 10 days up to 1 year in jail, however the court may apply the same sentencing alternatives listed above for DUI offenses.  Probation may be imposed for a maximum of 2 years.

Second offenses, including DUI 2nd, DWAI 2nd, and DUI per se 2nd, with the prior being greater than 5 years ago, require a minimum mandatory 10 days up to 1 year of jail, however the Court retains discretion to impose the sentencing alternatives listed above.  No deductions to the jail sentence are allowed for trusty prisoner status, however the person can receive credit for time served prior to the sentence.  A fine of $600 to $1500 will be imposed, with the Court retaining discretion to suspend the fine.  48 hours to 120 hours of community service will be imposed, and is mandatory.  A minimum period of 2 years of probation will be imposed, in addition to a suspended 1-year jail sentence (on top of any jail imposed as a condition of probation).

If a person is convicted of DUI 2nd, DWAI 2nd, or DUI 2nd and the prior conviction (the 1st offense) occurred less than 5 years before the current offense, then the Court does not have discretion to impose the sentencing alternatives listed above.  However, the Court may still authorize work release, education release, and medical release (if these programs are available in the county jail of the sentencing court).  The purpose of the release has to be related to the following: continuing employment that the person held at the time of sentencing, continuing education that the person was enrolled in at the time of sentencing, participation in Level II treatment.

What is a “prior offense” for sentencing purposes?  A prior offense under Colorado law is when a person has a prior conviction for DUI, DUI per se, DWAI, vehicular homicide, vehicular assault, or aggravated driving with a revoked license, driving under restraint-alcohol.  These prior offenses need not to have occurred in Colorado.  The priors are counted whether they occurred in Colorado, another state, the US, or an territory subject to the jurisdiction of the US.  Thus, Colorado takes a very broad and aggressive approach to what constitutes a prior.  Furthermore, Colorado does not have a specific “look back period” for priors.  Colorado factors in priors which occurred at any time during the person’s life.  In other words, a lifetime “lookback period” is utilized.  Even if a prior offense occurred 20 or 30 years ago, or more, Colorado will utilize it for sentencing purposes as a prior conviction.

Colorado DUI Lawyer Monte Robbins has over 17 years defending Colorado drivers who have been charged with their 1st, 2nd, 3rd, 4th, or 5th or more DUI offense.  Experience counts when you are facing a DUI in Colorado.  Contact Monte Robbins today for a free case evaluation at 303-355-5148.

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Being charged with a DUI in Colorado can be one of the most stressful times a person can go through in life.  Unfortunately, sometimes the stress of a DUI can be greatly compounded by also being charged with possessing a gun while intoxicated.

If you were stopped for DUI, DUI per se, DWAI, or DUI drugs in Colorado and had a gun in your vehicle, you most likely were also charged with “drunk with a gun” or “possessing a weapon while intoxicated”.  The statutory charge is identified as “prohibited use of weapons”, however it’s all the same charge- it’s simply characterized differently in some charging documents.  This charge is a Class 2 Misdemeanor offense and is punishable by 3 months up to to 364 days in the county jail and a fine of $250.00 up to $1000.00.  Whether or not the gun was loaded makes no difference under the statute- a loaded gun is treated the same was as an unloaded gun.  However, the fact that the gun was loaded or unloaded and the proximity of the gun to the driver are certainly factors that may be taken into consideration by a prosecutor in assessing aggravation/mitigation and strength/weaknesses in the case.

If a person is charged with prohibited use of weapons in addition to a DUI charge, the prosecutor must prove certain “elements” of the crime.  The first element is that the prosecutor must show that the person “possessed” a firearm.  This first element can be aggressively challenged by the defense.  Often times possession issues arise from the location where the firearm was found.  Examples include: a firearm locked in a toolbox in the bed of a pickup truck, a firearm located in the center console of the vehicle, a firearm located in the backseat of a vehicle, a firearm located in the glovebox, a firearm in the side map pocket of the door, etc.  Simply having a gun in the vehicle when stopped for DUI does not automatically establish the element of “possession”.  That burden falls on the prosecutor.

“Possession” in People v. Garcia, 595 P.2d 228 (1979) was interpreted to mean the actual or physical control of a firearm.  The  Court further indicated that “interpreting ‘possession’ to mean anything other that actual physical control would thus constitute an inconsistent construction of the statute”.

Secondly, the prosecutor must establish that the person is under the influence of intoxicating liquor or of a controlled substance.  There is no specific blood or breath level indicated in the prohibited use of weapons statute in establishing the requisite element of intoxication.

Possible defenses to this charge may include:

1) The driver of the vehicle was not intoxicated, therefore the prosecutor has not established the intoxication element of the charge;

2) The stop of the driver was illegal;

3) The weapon was found through an illegal search and seizure;

4) The driver did not possess the weapon through actual or physical control.

Denver DUI and Possession of a Weapon While Intoxicated Lawyer Monte Robbins aggressively defends those who have been charged with DUI and Drunk with a Gun throughout Colorado.  Denver DUI and Prohibited Use of Weapons Lawyer Monte Robbins has experience in defending against these charges in county courts throughout Colorado.  Contact Denver DUI Lawyer Monte Robbins today for a free case evaluation regarding your Colorado DUI and Drunk with a Gun Charge: 303-355-5148.

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