Summit County DUI & DWAI Lawyer

An evening in Breckenridge can change quickly when flashing lights appear on I-70 or Colorado Highway 9. You may be visiting for a ski weekend, returning to Frisco, or leaving dinner in Dillon when an officer begins a DUI investigation. A Summit County DUI & DWAI lawyer can help preserve your DMV hearing rights, examine the traffic stop and chemical testing, and defend the criminal case at the Summit County Justice Center.

At The Law Offices of Susan Deschler, we bring more than 25 years of legal experience to impaired driving cases in Colorado. Depending on the evidence, we can challenge the People’s case, negotiate for a reduced charge, seek dismissal when the facts support it, or prepare for trial.

Why Does One Summit County DUI Arrest Create Two Cases?

One arrest can lead to both a criminal prosecution and a separate DMV license revocation issue. The criminal case decides guilt and sentencing, while the DMV process addresses driving privileges. A positive outcome in one does not automatically resolve the other.

State DUI and DWAI cases filed in Summit County generally proceed at the Summit County Justice Center at 501 North Park Avenue in Breckenridge. This can create practical concerns for people arrested while visiting Keystone, Copper Mountain, Breckenridge, or another Summit County destination. Living elsewhere does not eliminate court obligations or DMV deadlines.

When Does Colorado Treat Driving as DWAI, DUI, or DUI Per Se?

Colorado differentiates DUI and DWAI charges based on the degree of impairment and, in some cases, blood alcohol content.

• DUI. The State alleges that alcohol, drugs, or both made the driver substantially incapable of using clear judgment, physical control, or due care.
• DUI per se. The State alleges that the driver’s BAC was at least 0.08 at the time of driving or within two hours afterward.
• DWAI. The State alleges impairment to the slightest degree, meaning the person was less able to drive safely than the person ordinarily would have been.

A BAC above 0.05 but below 0.08 creates a permissible inference that alcohol impaired the driver. A BAC of 0.05 or less creates a presumption that alcohol did not cause impairment, but other competent evidence may still be considered. That presumption also does not resolve allegations involving drugs or a combination of substances. Driving behavior, statements, roadside exercises, video, and witness observations may all affect the case.

A valid prescription or lawful marijuana use does not, by itself, defeat an impaired-driving charge. 

How Do DUI Penalties Escalate After a Prior Offense?

The penalties depend on the charge, BAC, prior record, and the circumstances of the case. The statutory ranges include:

• First DUI or DUI per se—five days to one year in jail, a $600 to $1,000 fine, 48 to 96 hours of public service, and up to two years of probation;
• First DWAI—two to 180 days in jail, a $200 to $500 fine, 24 to 48 hours of public service, and up to two years of probation;
• Second impaired-driving offense—ten consecutive days to one year in jail, a $600 to $1,500 fine, 48 to 120 hours of public service, and at least two years of probation;
• Third impaired-driving offense—60 consecutive days to one year in jail, a $600 to $1,500 fine, 48 to 120 hours of public service, and at least two years of probation; and
• Felony offense after three qualifying prior convictions—DUI, DUI per se, or DWAI becomes a class 4 felony when the current offense follows three or more qualifying prior convictions from separate incidents.

Depending on the circumstances, some minimum penalties may be suspended or modified as permitted by Colorado law. For example, a court may suspend the five-day minimum jail sentence for a first DUI if the defendant completes the required alcohol evaluation and education or treatment.

A BAC of 0.20 or higher may result in a minimum 10-day jail term, even for a first DUI. Additional penalties may include court costs, education, therapy, monitoring, insurance impacts, ignition interlock expenses, professional licensure issues, and immigration consequences.

Why Days Matter as Much as Your First Court Date?

The DMV hearing deadline may expire before your first scheduled court date. An administrative hearing must be requested in a timely manner following either a refusal to test or receipt of a chemical test result. 

A first alcohol-related BAC of 0.08 or higher may result in a nine-month administrative revocation. If the DMV confirms a first chemical-test refusal, the consequences may include a one-year revocation, designation as a persistent drunk driver, mandatory Level II education and treatment, as well as an ignition-interlock restriction lasting at least two years after driving privileges are reinstated. You also need to decide whether to request the officer’s presence at the DMV hearing.  A lawyer can discuss this with you.

You can request a hearing before restrictions take effect. However, missing the deadline can forfeit the opportunity to contest the administrative action.

What Can Be Challenged in a Summit County DUI Investigation?

A breath or blood result is one part of the case, not the final answer. A Summit County DUI and DWAI attorney will review the entire investigation, from the initial observation to the final report.

The review may focus on:

• Whether the officer had reasonable suspicion for the traffic stop;
• Whether the camera footage matches the written report;
• Whether snow, ice, uneven ground, ski injuries, footwear, fatigue, or medical conditions affected roadside exercises;
• Whether officers gave required chemical-testing advisements;
• Whether the breath device was maintained and operated properly;
• Whether the blood draw, storage, transport, and laboratory analysis were reliable;
• Whether testing and sample collection complied with applicable timing requirements; and
• Whether witnesses, receipts, phone data, or vehicle information contradict the prosecution’s timeline.

Not every testing deviation leads to exclusion. Some problems affect how much weight the judge or jury gives the result, while substantial noncompliance that undermines the test’s validity or reliability may support exclusion. A Summit County DUI & DWAI lawyer may also compare the chemical result with video, witness testimony, and the absence of common impairment signs.

What Should You Preserve Before the Mountain Weekend Becomes a Blur?

Early action can prevent useful details from disappearing. After an arrest, take these practical steps:

• Protect the DMV deadline. Determine whether your case involved breath, blood, or refusal, and request a hearing within the required timeframe.
• Save all documents. Keep your summons, expressed-consent paperwork, bond conditions, towing records, and hospital documents organized.
• Prepare a timeline for your lawyer. Record where you were, what you consumed, when you drove, what the officer said, and how the testing occurred. Do not post, discuss, or send the account to friends or other third parties.
• Preserve video footage, travel and location records. Save lodging confirmations, resort or parking receipts, rideshare history, text messages, photos, location data, medical records related to recent ski injuries, and witness contact information.  Explore preserving video footage from businesses, residential, traffic cameras, etc., that may have captured your driving and police contact.
• Follow all restrictions. Do not drive if your license is revoked or otherwise invalid, miss court dates, violate bond conditions, or discuss your case on social media.

Bring these materials to your consultation. They help your DUI lawyer in Summit County, CO, identify immediate tasks and compare your recollection with official evidence.

Direct Access to Susan from the First Call Through Court

Susan Deschler has 25 years of legal experience and has handled criminal matters since 2003. Her background as a former deputy district attorney in Clear Creek County and court commissioner informs how she evaluates evidence, courtroom procedure, and negotiations in Colorado’s mountain communities.

Because Susan is a solo practitioner, the lawyer you hire is the person who answers your questions, reviews the evidence, and appears with you in court. Contact the Law Offices of Susan Deschler to schedule your consultation with a DUI and DWAI lawyer in Summit County.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Colorado Judicial Branch, Summit County Justice Center.
• C.R.S. § 42-4-1301. Driving under the influence—driving while impaired—driving with excessive alcoholic content—definitions—penalties (2025).
• Colorado Division of Motor Vehicles, The DUI Administrative Process.
• Colorado Division of Motor Vehicles, The DUI Process.
• C.R.S. § 42-4-1307. Penalties for traffic offenses involving alcohol and drugs (2025).
• Colorado Legislative Council Staff, Colorado Law Summary: Colorado Drunk Driving Laws (2025).
• C.R.S. § 42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample—testing—rules—definition (2025).
• Colorado Department of Transportation, Colorado’s Expressed Consent Law.
• C.R.S. § 42-4-1302. Stopping of suspect (2025).