Fort Collins DUI Lawyers — DUI and DWAI Defense in Larimer County
A DUI arrest in Fort Collins triggers two simultaneous legal proceedings — a criminal case in Larimer County District Court and a civil license revocation proceeding with the Colorado Department of Revenue. Both require immediate action, and both carry consequences for your freedom, your license, and your long-term record. Fort Collins’ active Old Town bar scene, craft brewery culture, and busy event calendar — including CSU home games, concerts at Budweiser Events Center, and summer festivals — create consistent DUI enforcement throughout the city and county. Burnham Law’s Fort Collins DUI attorneys defend both proceedings from the moment of arrest.
Meet our Fort Collins criminal defense team below — attorneys experienced in DUI and DWAI defense throughout Larimer 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 DUI — substantial impairment of the ability to safely operate a vehicle — and 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 DWAI. Colorado also has a per se THC blood concentration threshold of 5 nanograms per milliliter for marijuana-impaired driving, which creates DUI charges arising from cannabis use alongside alcohol cases in Fort Collins’ cannabis-friendly culture.
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 and can be used as consciousness of guilt evidence at trial. The expressed consent advisement administered by the arresting officer — including whether it was properly delivered — is a defense issue we evaluate in every Fort Collins DUI case. The 7-day deadline to request a DMV hearing begins running from the date of arrest.
DUI penalties in Colorado 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 mandatory public service hours. A third DUI in Colorado is a Class 4 felony. The 8th Judicial District has an active DUI court — a specialized treatment court for repeat DUI offenders — that provides an alternative to conventional prosecution for eligible defendants who commit to intensive treatment and supervision.
What Our Fort Collins DUI Attorneys Challenge
The traffic stop: Law enforcement needs reasonable articulable suspicion of a traffic violation or criminal activity to make a stop. Fort Collins’ DUI enforcement is active along College Avenue, Mulberry Street, Harmony Road, and throughout Old Town — particularly on weekends and during major events. We scrutinize every stop for constitutional defects that require suppression of all evidence flowing from it.
Field sobriety tests: The standardized FSTs — HGN, walk-and-turn, one-leg-stand — have real limitations that are not always reflected in officer testimony. Medical conditions, footwear, surface conditions, weather, and administration errors all affect reliability. Fort Collins’ elevation (approximately 5,000 feet) is a litigable factor in HGN evaluation. We challenge FST administration and interpretation in every DUI case.
Breath test results: Breathalyzer machines must be properly calibrated, maintained, and operated. The 20-minute pre-test observation period is a mandatory procedural requirement. We obtain calibration and maintenance records for every device used in Larimer County and challenge results when those records reveal deficiencies.
Blood test results: Blood draws must be performed by qualified personnel under specific protocols. Chain of custody, storage conditions, sample fermentation, and laboratory methodology all affect reliability. We review the complete chain of custody and lab documentation in every blood test DUI case.
Marijuana DUI evidence: Colorado’s 5-nanogram THC threshold is scientifically contested — THC metabolizes differently from alcohol, and elevated THC concentrations do not necessarily correlate with driving impairment at the time of testing. Cannabis DUI cases in Fort Collins require specific defense strategies around the scientific foundation of the THC per se inference.
The DMV hearing: The 7-day deadline to request a DMV hearing from the date of arrest is the most time-critical first action in any Colorado DUI case. We request this hearing immediately upon being retained, before any other step in the defense process.
Fort Collins DUI Court
The 8th Judicial District operates a dedicated DUI Court — a specialty treatment court for repeat DUI offenders who meet the eligibility criteria. DUI Court is an intensive program combining frequent court appearances, alcohol and drug monitoring, treatment participation, and community support over a period of typically 12 to 24 months. Successful completion of DUI Court can result in significantly reduced consequences compared to conventional prosecution for a repeat DUI offense.
DUI Court in Larimer County is not for everyone — it requires a significant commitment to treatment and supervision, and eligibility criteria apply. But for repeat DUI defendants who are genuinely motivated to address underlying alcohol use, DUI Court can be a meaningful alternative that results in better long-term outcomes than conventional prosecution and sentencing. We evaluate DUI Court eligibility for every repeat DUI client in Fort Collins and advise on whether the program is the right path for their specific situation.
For first-offense DUI defendants in Fort Collins, the more common alternative to conventional prosecution is the standard diversion program available for eligible first-time offenders. First-offense DUI diversion in the 8th Judicial District can result in dismissal upon successful completion of program requirements. We identify eligibility for both DUI Court and diversion options at the outset of every Fort Collins DUI case.
Why Burnham Law for DUI Defense in Fort Collins
Immediate DMV hearing action. The 7-day deadline is the most time-critical first step. We take it immediately upon being retained — it is the first action on every new Fort Collins DUI case.
DUI Court and diversion knowledge. Fort Collins’ DUI Court is a meaningful alternative for eligible repeat DUI defendants. We evaluate eligibility for DUI Court and first-offense diversion at the outset of every case and guide clients through the program selection that best fits their situation.
Craft beer and cannabis DUI experience. Fort Collins’ craft beer culture and Colorado’s cannabis legalization create a local DUI practice where alcohol-cannabis combination cases and marijuana-only DUI cases arise regularly. We handle the specific defense approaches these case types require.
Larimer County DUI experience. We handle DUI cases regularly in Larimer County District Court and know how the 8th Judicial District approaches these cases and what the realistic range of outcomes is for specific fact patterns here.
Frequently Asked Questions — Fort Collins DUI
What is Fort Collins’ DUI Court and how does it work?
Fort Collins’ DUI Court is a specialty treatment court within the 8th Judicial District designed for repeat DUI offenders who meet the eligibility criteria. The program typically runs 12 to 24 months and involves frequent court appearances, intensive alcohol and drug monitoring, treatment participation, and community support requirements. Successful completion results in significantly reduced criminal consequences compared to conventional prosecution. DUI Court is an intensive commitment but can be a genuinely better outcome for defendants who are motivated to address underlying alcohol use issues. We evaluate eligibility at the outset of every repeat DUI case.
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 — though it still results in a criminal conviction, license points, and potential jail time. A BAC of 0.08 or above creates a presumption of DUI; between 0.05 and 0.08 can support DWAI. Negotiating a first-offense DUI down to a DWAI can make a meaningful difference in consequences and is a realistic goal in many Fort Collins DUI cases with the right defense approach.
Does Fort Collins’ craft beer culture affect how DUI cases are handled here?
Fort Collins’ identity as a craft beer destination — home to dozens of breweries and an active taproom culture — does not affect how DUI cases are prosecuted or sentenced by the 8th Judicial District. The DA’s office prosecutes DUI cases consistently regardless of the local culture. What the craft beer culture does affect is the frequency and circumstances of DUI enforcement — Old Town Fort Collins, the Brewery District, and events at New Belgium, Odell, and other large breweries are active enforcement areas, and DUI charges arising from brewery visits are among the most common fact patterns we handle here.
Can a Fort Collins DUI be dismissed entirely?
Yes. DUI charges in Fort Collins are dismissed through several routes — pretrial suppression of key evidence (the traffic stop, the FST results, or the chemical test) where constitutional violations exist; successful completion of first-offense diversion; or acquittal at trial. Dismissal through suppression is available when the stop lacked legal justification or the testing procedures were fundamentally deficient. Diversion dismissal is available for eligible first-time defendants. The realistic path to dismissal in any specific case depends on the facts, and early evaluation by experienced DUI defense counsel is the first step.
How long does a DUI stay on a Colorado record?
DUI and DWAI convictions in Colorado cannot be sealed and remain on the criminal record permanently. Prior DUI and DWAI convictions can be used to enhance subsequent charges to felony level with no time limitation on how old the prior conviction is. This permanence makes aggressive defense at the time of arrest — rather than accepting a plea to resolve the case quickly — critically important. A DUI conviction accepted today follows you on a Colorado record indefinitely.
Schedule a Consultation with a Fort Collins DUI Lawyer
A DUI arrest in Larimer County requires immediate action — particularly the 7-day DMV hearing deadline. Burnham Law’s Fort Collins 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 Larimer County and the Northern Front Range.
