Drug DUI We Represent Clients Statewide in Colorado

Drug DUI Lawyer in Denver

DUID Defense Built on Prosecutorial Knowledge of the Evidence

A drug DUI charge in Colorado puts your license, record, and freedom at risk before you’ve had a chance to respond. Attorney M. Colin Bresee has been practicing criminal law since 1995 and previously served as a Colorado prosecutor. He has spent his career on both sides of impaired-driving cases, which means he knows precisely how the government builds a DUID case and where that case can be challenged.

Law Offices of M. Colin Bresee handles DUID defense in Denver and across the surrounding metro area, including Jefferson, Douglas, Arapahoe, and El Paso Counties. Attorney Bresee has handled thousands of cases and hundreds of jury trials. That trial depth matters in DUID cases, where the prosecution’s scientific evidence is often more contested than it appears.

A DUID arrest starts two clocks: the criminal case and the DMV proceeding. Call our Denver DUID attorneys at (303) 747-4032 for a free consultation.

What Colorado’s DUID Law Actually Covers

Colorado’s drug DUI statute, CRS § 42-4-1301, prohibits driving under the influence of drugs, alcohol, or any combination of both. A DUID charge falls under this same statute as an alcohol DUI, but the evidence used to prove it is fundamentally different.

Drugs covered include marijuana, prescription opioids, benzodiazepines, stimulants, over-the-counter medications, and illegal controlled substances. One point surprises many people: a valid prescription or medical marijuana authorization is not a defense. The charge turns on whether the drug impaired your ability to drive, not on whether your use was legal.

The THC Permissible Inference: Colorado treats marijuana differently from other drugs. A blood THC level of 5 nanograms or more of delta-9-THC per milliliter of whole blood creates what the statute calls a permissible inference of impairment under CRS § 42-4-1301. This is not a hard conviction threshold. It’s a rebuttable inference, meaning it can be challenged at trial.

Other Drugs Have No Per Se Limit: For prescription medications and most controlled substances, there is no equivalent numeric cutoff. The prosecution must prove impairment through officer observations, field sobriety test results, Drug Recognition Expert evaluation findings, and blood test analysis. That creates multiple points where the evidence can be questioned.

Why Prosecutorial Experience Changes the Defense

DUID cases turn on science. Drug Recognition Expert evaluations, blood draw protocols, chain-of-custody records, and forensic toxicology reports are the prosecution’s primary tools. Attorney Bresee used these same tools when he was a prosecutor. He knows how the government presents this evidence and, critically, where it breaks down under scrutiny.

Not every DUID case should end in a plea. When the prosecution’s scientific evidence has weaknesses, a case may be better resolved at trial. Hundreds of jury trials mean Law Offices of M. Colin Bresee is prepared to take that path when the facts support it. Attorney Bresee holds a Distinguished peer-reviewed rating from Martindale-Hubbell, reflecting quality in knowledge, capability, judgment, communication, and experience.

Start Your Defense Before the DMV Deadline

After a DUID arrest, you have a limited window to request a DMV hearing to contest your license suspension. Miss that deadline and the suspension proceeds automatically, regardless of what happens in criminal court. Contacting a DUID attorney in Denver early can help protect both tracks of your case.

We offer free initial consultations. Call (303) 747-4032 or reach us through our online contact form to speak with our team about your case today.

How DUID Investigations Work in Colorado

A drug impairment investigation unfolds differently than a standard alcohol stop. Each stage produces evidence the prosecution will rely on, and each stage is a potential point of challenge.

Initial Stop & Officer Observations

From the moment of contact, the officer is documenting driving behavior, speech patterns, eye movements, and motor coordination. These observations form the foundation of every DUID arrest report and run throughout the prosecution’s case.

Field Sobriety Tests

Standard field sobriety tests, including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, were developed and validated for alcohol impairment. Their reliability in drug impairment cases is scientifically disputed, and that dispute is a recognized avenue of challenge.

Drug Recognition Expert Evaluation

When drug impairment is suspected, a Drug Recognition Expert (DRE) officer may conduct a formal 12-step evaluation protocol. This includes pulse measurement, pupil size and reaction to light, muscle tone assessment, and other physical observations. The DRE program relies heavily on officer judgment. If the protocol wasn’t followed correctly, or if a medical condition could explain the recorded observations, the evaluation’s conclusions can be contested.

The Blood Draw

Because breath tests can’t detect drugs, DUID cases require a blood test. Under Colorado’s Express Consent Law, refusing a lawful chemical test request results in an automatic one-year license revocation for a first offense and a Persistent Drunk Driver designation. Blood samples must be drawn, stored, labeled, and transported according to specific protocols. Any deviation in chain of custody or lab handling can directly affect the reliability of the results.

Defense Strategies in Denver DUID Cases

Attorney Bresee’s time as a prosecutor shaped his understanding of how the government assembles DUID evidence. That background directly informs where defense challenges are most effective.

Challenging the stop: If the officer lacked legal grounds to stop the vehicle, evidence gathered afterward may be suppressible.
Contesting DRE testimony: Procedural errors in the 12-step evaluation, officer bias, or medical conditions that explain physical observations are all grounds to challenge a DRE’s conclusions.
Rebutting the THC permissible inference: Scientific evidence shows that THC affects individuals differently depending on tolerance and metabolism. The 5 ng/ml threshold isn’t a hard line, and it can be rebutted with forensic toxicology evidence.
Attacking blood test validity: Chain-of-custody records, lab accreditation status, sample storage conditions, and analyst qualifications are all subject to examination. Deficiencies in any of these areas can undermine the prosecution’s blood evidence.
Prescription drug cases: Without a per se limit to rely on, the government must prove impairment through observed behavior and expert opinion on blood levels, opening challenge points that don’t exist in standard alcohol DUI cases.
Motions to suppress: When police procedures violated constitutional rights or testing protocols weren’t followed, suppression motions can remove key evidence from the case.

Law Offices of M. Colin Bresee is prepared to take a Denver DUID case to trial when the prosecution’s evidence doesn’t hold up. That willingness to try cases also shapes what happens at the negotiating table.

Continue Reading Read Less

What Sets Us Apart?

Former Prosecutor
Results-Driven, Trial-Ready Advocacy
24/7 Availability & Direct Access
Free, Confidential Consultations
30+ Years of Experience

Penalties for a DUID Conviction in Colorado

A first-offense DUID carries the same potential penalties as an alcohol DUI: five days to one year in jail, fines of $600 to $1,000 plus court costs, 48 to 96 hours of community service, 12 DMV points, and a driver’s license revocation of up to nine months. An ignition interlock device may also be required before reinstatement, alongside court-ordered probation, drug education programs, or a victim impact panel.

Penalties escalate with prior convictions. A fourth DUID or DUI conviction, where three or more prior separate convictions exist, is elevated to a class 4 felony under CRS § 42-4-1301. What begins as a misdemeanor becomes a permanent felony record.

Beyond the Courtroom: A conviction creates consequences that extend well past sentencing. A permanent criminal record can affect employment applications, professional licenses, and housing. For students, military members, or individuals who hold occupational licenses, a DUID conviction can carry additional weight, affecting academic standing, security clearances, or the ability to practice in a licensed field. Auto insurance rates typically increase substantially as well. These downstream consequences are part of why building a strong defense from the start matters.

Two Separate Proceedings After a DUID Arrest in Denver

A DUID arrest in Colorado triggers two simultaneous and independent proceedings. The criminal case moves through the courts. At the same time, the Colorado Department of Revenue initiates an administrative DMV proceeding that can suspend your license on its own timeline, separate from any criminal outcome.

Colorado law gives drivers a narrow window after receiving a notice of revocation to request a DMV hearing. Missing that deadline results in automatic suspension before the criminal case has even reached arraignment. At the DMV hearing, we can challenge whether the officer had reasonable grounds to request chemical testing and whether proper procedures were followed during the stop and blood draw.

Managing both proceedings together is essential. Actions taken in one arena can affect the other, and a defense strategy that accounts for both tracks from the beginning is more effective than one that treats them separately. Law Offices of M. Colin Bresee handles both the criminal defense and the DMV hearing for clients facing DUID charges in Denver and across Jefferson, Douglas, Arapahoe, and El Paso Counties. If you’ve been charged, reaching out to a Denver DUID lawyer promptly can help you address your license and criminal case at the same time.

Continue Reading Read Less

Contact Us Today

At Law Offices of M. Colin Bresee, we're always ready to take your call! Give us a call at (303) 747-4032 or fill out the form below to contact our team.

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from Law Offices of M. Colin Bresee at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
🛡️ Please enter the above verification code: