To fight Weld County DUI charges, challenge the legality of the traffic stop, question field sobriety test administration, and hire experts to contest breath test results and calibration records. File a motion to suppress evidence if probable cause was lacking, and file a DMV hearing to contest license suspension separately from the criminal case.
Last Updated: October 27, 2026
Quick Summary
Knowing how to fight Weld County DUI charges begins immediately.
From the moment police pull you over, you have constitutional rights. Many people talk anyway, creating evidence against themselves.
If the officer had no legal reason for the stop, the interaction may be challenged later. This is one issue that may arise when fighting a Weld County DUI.
Once stopped, the officer may ask you to perform field sobriety tests, the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. Poor lighting, uneven pavement, and conditions like knee problems can affect performance.
At the station, you'll go through booking: photograph, fingerprints, and personal information.
Either test may be challenged based on issues with the testing process or evidence.
Your license faces a separate threat from the criminal case.
Losing your license can create hardship, including difficulty getting to work, handling family responsibilities, or attending medical appointments.
Many people skip this step, thinking the criminal case will resolve everything. That's a costly mistake: even if you win the criminal DUI case, you could still lose your license through the DMV process. Fight both battles simultaneously.
Evidence wins cases. The prosecution has the police report, chemical test results, and the officer's testimony. Gather your own evidence to counter their narrative, starting immediately after arrest.
Ask for dispatch records and any 911 calls that led to your stop. These show what information the officer had before pulling you over and whether probable cause actually existed.
Document your own observations: what you ate and drank, when you slept, any medications, and physical conditions like an injured leg or inner ear problem. These details matter when challenging field sobriety test results.
Breath-test evidence may be an issue in a DUI case.
Breath tests can produce false results due to residual mouth alcohol. If you used mouthwash, cough syrup, or other products containing alcohol shortly before the test, residual alcohol in your mouth inflates the reading. The 15-minute observation period helps prevent this, but it's not foolproof. (Source: Colorado Department of Revenue's Division of Motor Vehicles)
You can hire an independent expert to review the calibration records and testify about defects. This expert can explain to the jury why the machine's reading cannot be trusted. This testimony often persuades judges to exclude the breath test result from evidence.
The criminal process moves through stages.
The arraignment follows, usually within 10 days. At arraignment, you enter a plea of guilty, not guilty, or no contest. Plead not guilty. This preserves your right to challenge evidence and go to trial. Pleading guilty at this stage closes off all defense options.
Plea negotiations happen during this phase. The prosecutor may offer to reduce charges or recommend a lighter sentence if you plead guilty. Don't accept the first offer. Your attorney can negotiate for better terms. Many cases resolve through plea agreements that avoid trial and reduce penalties.
If convicted, the judge imposes sentencing. Colorado sentencing guidelines consider your criminal history, the circumstances of the offense, and mitigating factors. A first DUI offense typically results in probation, fines, and mandatory education programs. Felony DUI carries prison time. Your attorney can present evidence at sentencing to argue for leniency.
DUI charges can differ in their circumstances and consequences.
The defense strategy for a first offense focuses on challenging evidence and avoiding conviction. A conviction creates a permanent criminal record that affects employment, housing, professional licenses, and reputation. Learn how you can expunge or seal your criminal record after resolving your DUI case. The goal is acquittal or a reduction to a lesser charge like reckless driving.
Defending a felony DUI requires aggressive strategies. Suppressing evidence, excluding unreliable test results, and impeaching witness credibility become even more critical. Negotiating for a reduction to a misdemeanor can be a significant victory in a felony case.
DUI charges in Colorado carry different penalties depending on whether they are charged as misdemeanor or felony offenses.
| Charge Type | Key Focus | Primary Consequence |
|---|---|---|
| Misdemeanor DUI | Challenging evidence and avoiding conviction | Permanent criminal record |
| Felony DUI | Suppressing evidence and excluding test results | Prison time |
| First Offense | Reduction to lesser charge like reckless driving | Probation, fines, education programs |
| Felony DUI | Negotiating reduction to misdemeanor | Significant victory in case |
The prosecution's case rests on evidence.
Your attorney can hire an expert in field sobriety testing to testify about the test's unreliability and the officer's administration errors. This expert testimony often persuades judges or juries that the test results should be disregarded.
If the stop lacked probable cause, your attorney files a motion to suppress. If the motion succeeds, the entire case is dismissed because the evidence is excluded.
When you face impaired driving charges, the decisions you make in the first days and weeks matter. Weld County DUI defense attorney representation from Law Offices of Robert E. Ray can help you navigate your legal matter. Our firm has decades of experience in Weld County courts. Contact us to discuss your DUI charge.
The defense depends on the specific facts of the arrest. Issues that may arise include the traffic stop, field sobriety testing, chemical test procedures, and police reports.
The Colorado DMV administrative hearing is separate from your criminal DUI case and concerns your driving privileges. Check the Colorado DMV's official information for current hearing requirements and procedures.
Breath test results may be challenged. The issues that may be relevant depend on the facts and applicable law.
The documents and information relevant to a DUI case depend on its circumstances. A qualified attorney can advise you about what may be relevant to your case.
