Boulder DUI Lawyers — DUI and DWAI Defense in Boulder County
A DUI arrest in Boulder sets two legal processes in motion simultaneously — a criminal case in Boulder County District Court and a civil license revocation proceeding with the Colorado Department of Revenue. Both carry consequences for your freedom, your license, and your record, and both require immediate action. Boulder’s active enforcement presence — on Canyon Boulevard, 28th Street, Highway 36, and throughout the county, particularly around CU events and Boulder’s busy bar and restaurant scene — means DUI cases arise regularly here, and the Boulder County DA’s office prosecutes them actively. Burnham Law’s Boulder DUI attorneys defend both proceedings from the moment of arrest.
Meet our Boulder criminal defense team below — attorneys experienced in DUI and DWAI defense throughout Boulder County District Court.
Jeremy Wooten, is a seasoned trial attorney who specializes in criminal defense and family law, leveraging a wealth of experience honed over five years at the Colorado State Public Defenders’ Office. Rising to Senior Deputy Public Defender, he successfully managed a diverse caseload, including serious charges like first-degree homicide, drug distribution, and economic crimes, always maintaining an unwavering commitment to client advocacy. Licensed in both Texas and Colorado, Jeremy's legal expertise is defined by strategic planning—meticulously crafting and executing well-thought-out trial strategies—and remarkable resourcefulness in finding innovative solutions to complex legal challenges in both the criminal and family law arenas. His practice is characterized by agile, client-centered advocacy, which relies on adaptability, active listening, and quick thinking essential for effective trial work. Jeremy prioritizes thoroughly understanding his clients' objectives and adapting his strategies dynamically to the evolving nature of trials. His resilience and strategic agility allow him to confidently navigate unexpected developments in the courtroom, ensuring each case is expertly...
Julian Rosielle has been licensed to practice law in Colorado since 2006. Julian is a graduate of the University of Colorado School of Law, where he was on the Dean’s List and an associate editor of the University of Colorado Law Review. Julian practiced exclusively in the area of criminal law for the first thirteen years of his career and has several notable case outcomes to include not guilty verdicts on charges of homicide and assault. Julian has extensive trial experience, ranging from Death Penalty cases to misdemeanor domestic violence to driving under the influence. Beginning in 2019, Julian’s practice has expanded to include domestic relations litigation and civil protection orders. Julian has lived in Colorado since 2004 and when not in Court enjoys hiking with his family and dogs.
Kate strives to have a client-oriented practice where she can assist her clients in all stages of litigation. Prior to joining Burnham, Kate was an associate at an AmLaw Firm where she worked on various types of complex litigation representing large corporations, municipalities, and individuals. Before going into private practice, Kate was an Assistant Public Defender in Miami-Dade County where she tried over twenty cases. Kate has been able to develop a well-rounded practice by working in both the private and public sectors. Kate has honed her skill sets from her prior experience so she can be a zealous advocate for her clients. In her spare time, Kate enjoys spending time with her husband in the outdoors, traveling, and visiting family.
Miguel C. Mondragon is a tenacious and dedicated attorney who is fiercely committed to his clients and their legal outcomes. Recognizing that clients facing divorce or criminal charges are often in their most vulnerable state, Miguel acts as a passionate advocate, ensuring they have a voice within the legal system. Growing up in southern Colorado, Miguel developed a strong work ethic by working in construction, lumber, and brickyards while attending college. Before becoming an attorney, his interest in law was sparked by his work within the Larimer County Corrections system. While attending the University of South Dakota School of Law, he gained valuable experience working with East River Legal Services, the Colorado State Public Defenders Office, and Samuelson Law. Upon graduation, Miguel honed his skills first as a solo practitioner, then at Weaver & Associates, P.C., before founding Mondragon Law, where he specialized in criminal defense and family law. He brings this deep experience and tenacity to his current role...
DUI Law in Colorado
Colorado distinguishes between Driving Under the Influence (DUI) — substantial impairment of the ability to safely operate a vehicle — and Driving While Ability Impaired (DWAI), which requires impairment to the slightest degree. A BAC of 0.08 or above creates a legal presumption of DUI. A BAC between 0.05 and 0.08 can support a DWAI charge. Colorado also has a per se THC limit of 5 nanograms per milliliter of blood — relevant in Boulder’s cannabis-friendly culture where driving after marijuana use generates DUI charges with some regularity.
Colorado’s expressed consent law requires every driver who is lawfully arrested for DUI to submit to chemical testing — blood or breath. Refusal triggers automatic license revocation under the expressed consent statute and can be introduced as consciousness of guilt at trial. The expressed consent advisement administered by the arresting officer — including whether it was properly given — is a defense issue we evaluate in every Boulder DUI case.
DUI penalties escalate with prior convictions. A first offense carries 5 days to one year in county jail (with probation eligibility), fines up to $1,000, 9 months to 2 years license revocation, and public service hours. A third DUI in Colorado is a Class 4 felony. Fourth and subsequent DUIs are also felonies. For professionals in Boulder — whose licenses, employment, and community standing depend on a clean record — even a first-offense DUI carries consequences that extend far beyond the criminal sentence.
What Our Boulder DUI Attorneys Challenge
The traffic stop: Every DUI defense begins with the traffic stop. Law enforcement must have reasonable articulable suspicion of a traffic violation or criminal activity to make a stop. If the stop was unlawful, all evidence flowing from it — observations, FST results, chemical test results — may be suppressed. We scrutinize every Boulder DUI stop for constitutional defects.
Field sobriety tests: The standardized FSTs — HGN, walk-and-turn, one-leg-stand — are presented as scientific but have real limitations. Medical conditions, anxiety, footwear, uneven surfaces, weather, and officer administration errors all affect reliability. Boulder’s elevation (approximately 5,430 feet) is a litigable factor in HGN administration, as altitude affects the physiological nystagmus response. We challenge FST administration and interpretation in every case.
Breath test results: Breathalyzer machines must be calibrated, maintained, and operated correctly. The 20-minute pre-test observation period is a mandatory procedural requirement. We obtain calibration and maintenance records for every device used and challenge results when records reveal deficiencies.
Blood test results: Blood draws require qualified personnel, proper protocols, and secure chain of custody. We review chain of custody documentation, storage conditions, laboratory methodology, and analyst qualifications — and request independent testing of preserved blood samples when appropriate.
Marijuana DUI evidence: Colorado’s 5-nanogram THC per se limit is more scientifically contested than alcohol BAC limits. THC metabolizes differently from alcohol, and high THC concentrations do not necessarily correlate with impairment at the time of driving. We challenge the scientific basis of marijuana DUI prosecutions in Boulder, where cannabis use is common and cannabis DUI cases arise regularly.
The DMV hearing: The 7-day deadline to request a Colorado DMV hearing runs from the arrest date. Missing it results in automatic license revocation. We request the DMV hearing immediately upon being retained — before any other action in the case.
How Boulder DUI Cases Work
A DUI arrest in Boulder results in booking and an initial advisement in Boulder County District Court, typically within 48 hours. In parallel, the 7-day clock for requesting a DMV hearing begins running from the date of arrest. Our first action on every Boulder DUI case is to request the DMV hearing and preserve the client’s driving privileges pending both proceedings.
In the criminal case, we file motions challenging the stop, the FST administration, and the chemical test results. The quality and thoroughness of these motions directly affects the Boulder DA’s assessment of the case and what they offer in plea negotiations. Cases with significant suppression issues often resolve with reduced charges or dismissal. Cases without viable suppression issues are evaluated for other defenses, including challenges to the reliability of the specific test results and the officer’s observations.
Boulder’s cannabis culture means that marijuana DUI cases — involving the THC per se limit — arise here with more frequency than in many other Colorado jurisdictions. These cases present unique scientific challenges that an experienced Boulder DUI attorney can exploit effectively. The 5-nanogram limit is contested in the scientific literature, and the correlation between THC blood concentration and driving impairment is not as straightforward as the alcohol BAC framework.
Why Burnham Law for DUI Defense in Boulder
Immediate DMV hearing action. The 7-day deadline is the most time-critical first step. We take it immediately upon being retained.
Boulder-specific DUI defense issues. Boulder’s elevation, its cannabis culture and THC DUI frequency, and the specific enforcement patterns along Boulder’s major corridors create defense issues that are specific to this jurisdiction. We use them where the facts support.
Professional consequence awareness. Many Boulder DUI clients are professionals whose licenses, careers, and community standing depend on the outcome. We address those specific consequences in defense strategy from the start.
20th Judicial District DUI experience. We handle DUI cases regularly in Boulder County District Court and know how the local DA’s office approaches these cases and what outcomes are realistic for specific fact patterns in this jurisdiction.
Frequently Asked Questions — Boulder DUI
What is the THC limit for driving in Colorado?
Colorado has a permissive inference law for driving under the influence of marijuana — a THC blood concentration of 5 nanograms or more per milliliter of blood at the time of driving creates a permissive inference that the driver was impaired. Unlike the alcohol per se limit, this is not a per se violation — the jury can consider all evidence. However, the 5-nanogram threshold is used by prosecutors to argue impairment. THC metabolizes differently from alcohol, and concentrations can remain elevated in regular users long after any impairment has resolved. We challenge the scientific basis of marijuana DUI charges aggressively in Boulder.
What happens to a CU student’s university status after a DUI arrest in Boulder?
A DUI arrest may or may not trigger the University of Colorado’s student conduct process, depending on whether the conduct occurred on campus or otherwise falls within the university’s jurisdiction. If it does, a separate conduct proceeding can result in sanctions including probation, suspension, or notation on the academic record — independent of the criminal outcome. We advise CU student clients on the university conduct process implications and, where applicable, coordinate defense strategy across both the criminal and university proceedings.
Can I drive after a DUI arrest in Colorado?
After a DUI arrest in Colorado, the arresting officer confiscates your license and issues a temporary driving permit valid for 7 days. Within that window, you must request a DMV hearing or your license is automatically revoked when the permit expires. If you timely request the DMV hearing, your driving privileges are preserved pending the outcome of the hearing. An interlock restricted license may also be available during any revocation period, allowing limited driving with an ignition interlock device installed.
What is the difference between DUI and DWAI in Colorado?
DUI requires proof of substantial impairment — the driver was substantially incapable of safely operating a vehicle. DWAI requires proof of impairment to the slightest degree and carries lesser penalties. A BAC of 0.08 or above creates a presumption of DUI; a BAC between 0.05 and 0.08 can support DWAI. Negotiating a DUI charge down to DWAI can make a meaningful difference in both immediate consequences and long-term record, particularly for professionals in Boulder who face licensing and reputational implications from a DUI conviction.
How long does a DUI stay on a Colorado record?
DUI and DWAI convictions in Colorado cannot be sealed under current law and remain on your criminal record permanently. Prior DUI and DWAI convictions are used to enhance subsequent charges indefinitely — there is no lookback limitation. This permanence makes fighting a DUI charge aggressively at the time of arrest, rather than accepting a plea to resolve it quickly, critically important. A DUI conviction you accept today follows you permanently in Colorado.
Schedule a Consultation with a Boulder DUI Lawyer
A DUI arrest in Boulder County requires immediate action — particularly the 7-day DMV hearing deadline. Burnham Law’s Boulder DUI attorneys act immediately to protect your license and build your defense from day one.
Call (303) 990-5308 or schedule a confidential consultation online. We defend DUI and DWAI charges throughout Boulder County.
