DUI Defense Investigations in Colorado

01The statute

What C.R.S. § 42-4-1301 Covers

Colorado's impaired-driving statute creates several distinct offenses. DUI generally requires that alcohol, drugs or both affected the driver to a degree that left them substantially incapable of exercising clear judgment, sufficient physical control or due care. DWAI, driving while ability impaired, requires impairment to the slightest degree. DUI per se is based on a blood or breath alcohol content of 0.08 or more within two hours of driving. Our Denver investigators build the record each theory depends on.

Each offense invites different questions. A substantial-incapacity case depends heavily on driving behavior, roadside observations and video. A slightest-degree DWAI case may turn on whether the observed conduct had another explanation, such as fatigue, weather or a medical condition. A per se case depends on timing, because the result must be tied to driving within two hours. Counsel decides which issues matter, and our criminal defense investigations team gathers the facts behind them, with Westminster investigators covering north metro stops.

• DUI: substantially incapable of safe operation
• DWAI: impaired to the slightest degree
• Per se: 0.08 or more within two hours of driving
• Under 21: 0.02 to 0.05 is generally a class A traffic infraction

02Testing and inferences

Alcohol and THC Inferences, and Why Timing Matters

Under § 42-4-1301(6), a result of 0.05 or less generally supports an inference that the driver was not impaired. A result above 0.05 and below 0.08 permits an inference of DWAI, and 0.08 or more permits an inference of DUI. For marijuana, five nanograms or more of delta-9 THC per milliliter of whole blood permits an inference of drug influence. These are inferences, not automatic conclusions, so the surrounding facts carry real weight. Our witness background checks test the people who describe those facts.

Timing is where investigators help most. We reconstruct the evening from bar and restaurant receipts, card statements, rideshare records, phone metadata the client provides, and video from businesses near the route. A sample taken long after driving, or consumption that occurred after the driving ended, can change how a result should be read. Expert interpretation belongs to counsel's retained experts, but the factual timeline comes from field work by our Fort Collins investigators and teams statewide.

03Felony exposure

Felony DUI and the Prior Record Audit

Colorado treats DUI, DUI per se and DWAI as a class 4 felony when the driver has three or more prior qualifying convictions. Otherwise these offenses are generally misdemeanors. That makes the prior record a central battleground. We obtain certified records for each prior, confirm identity, dates and courts, and check whether each conviction actually qualifies under the statute. Errors in old records, out-of-state convictions and identity mismatches are common. Our felony defense investigations apply the same scrutiny to other enhanced charges.

The court changes with the charge. Under C.R.S. § 13-6-106, county courts have concurrent jurisdiction over misdemeanors and also handle felony warrants, preliminary examinations, bindover and bail, while felony cases are tried in district court. A first DWAI in a county court and a felony DUI in district court call for different investigative depth and budgets. Our Colorado Springs team works cases in the El Paso County Judicial Building on South Tejon Street.

04Scene and roadway

Scene Work on Front Range Arterials and Mountain Highways

Road conditions shape what an officer saw. A lane deviation on a dark, curving mountain highway in snow means something different from the same movement on a straight, dry city arterial. We document the location of the stop, lane markings, signage, lighting, grade and sight lines, and we photograph at the same time of day where possible. On the I-70 corridor, traction and chain-law conditions between September and May can explain driving that might otherwise look impaired. Our Lakewood investigators cover foothill and corridor stops west of Denver.

Front Range cases bring their own settings: college-town traffic near universities in Boulder, Fort Collins and Golden, busy I-25 interchanges and nightlife districts in Denver and Colorado Springs. We look for business cameras, traffic cameras and any other video that may have recorded the driving before the stop, and we move quickly because many systems overwrite footage within days. Our Boulder team knows how quickly campus-area video disappears.

05Witnesses

Finding and Interviewing the People Who Were There

Independent witnesses are often missing from police reports. Bartenders, servers, friends, rideshare drivers and other motorists may have seen the client before or during the drive. We identify them from receipts, staffing schedules and the client's account, then interview them while memories are fresh. C.R.S. § 18-9-304 generally allows recording with one party's consent, and counsel decides whether interviews are recorded. Our skip tracing team finds witnesses who have moved.

Credibility matters on both sides. We review public records for prosecution witnesses where counsel requests it, including Colorado criminal history through the CBI's name-based Internet Criminal History Check, which covers Colorado records only. Where a civilian caller reported the driving, we look at where they were, what they could see and how long they observed. Our Aurora investigators handle these interviews in the east metro area.

06Crashes

DUI Cases With Crashes, Injuries or Property Damage

When an impaired-driving charge follows a crash, the investigation expands. We document vehicle positions and damage from photographs and the scene, locate independent witnesses, and gather video from nearby businesses and residences. Questions of causation, such as another driver's conduct, road design or weather, can matter as much as impairment. Our hit-and-run skip tracing locates other drivers who left the scene, and our insurance investigations team understands how civil claims may run beside the criminal case.

Crash cases often reach district court and involve accident reconstruction experts retained by counsel. Investigators support those experts with measurements, photographs, witness accounts and records requests. We work from public places and do not enter private property without permission. Our Grand Junction investigators handle Western Slope crashes on I-70 and the highways around Mesa County, and our Greeley team covers rural Weld County roads.

07Engagement

Retained Counsel, Public Defense and Cost

Delator is engaged by defense counsel, which helps protect work product. Retained attorneys hire us directly. For appointed cases, the Office of the Colorado State Public Defender staffs 21 regional trial offices, and the Office of Alternate Defense Counsel provides attorneys in cases where the public defender has a conflict. Approval and payment for outside investigation follow those offices' own procedures, which appointed counsel can confirm. Our support for appointed attorneys explains how we fit that process.

Misdemeanor DUI and DWAI matters start at $750, a single felony starts at $1,000 and cases with multiple charges start at $1,500, with work billed at $100 per hour under a written scope. We do not burn through a retainer without accountability; counsel approves the budget and receives updates against it. The Colorado service pricing page lists every published rate, and our vetting guide explains why Colorado's lack of a state license makes careful selection important.

Services

DUI defense investigation services in Colorado

• Timeline reconstructionBuilding the evening from receipts, card statements, rideshare records and video so counsel can tie any test result to the actual driving time.Learn more
• Stop and scene documentationPhotographing and measuring the stop location, lighting, lane markings, grade and sight lines, ideally at the same time of day as the arrest.Learn more
• Video canvassIdentifying business, residential and traffic cameras along the route and requesting footage quickly, before automatic overwriting erases what the cameras recorded.Learn more
• Witness locationFinding servers, bartenders, friends, rideshare drivers and other motorists who saw the client before or during the drive, including those who moved.Learn more
• Witness interviewsInterviewing defense and prosecution witnesses with counsel's approval, and documenting their accounts accurately for evaluation, motions, negotiation and trial preparation.Learn more
• Prior conviction auditObtaining certified records for each prior relied on for felony DUI, then checking identity, dates, courts and whether each one actually qualifies.Learn more
• Crash scene supportDocumenting vehicles, damage, road conditions and witnesses after a crash, and supplying the factual base that counsel's reconstruction expert needs.Learn more
• Other driver locatesTracking down drivers and witnesses who left a crash scene or gave incomplete contact details to officers at the time of the incident.Learn more
• Appointed case scopingPreparing written estimates and itemized billing that fit the approval procedures appointed counsel must follow in public defense cases across Colorado.Learn more

How it works

How a Colorado DUI investigation runs

1. 01

   Counsel engages us

   Defense counsel shares the charge, court date and discovery received so far, and we agree in writing on scope and price, starting at $750 for misdemeanors.

2. 02

   Preserve perishable evidence

   We move first on video, receipts and witness identities, because camera systems overwrite footage and memories fade within days of the arrest. Every preservation request is dated.

3. 03

   Build the record

   We document the scene, reconstruct the timeline, interview witnesses and audit any prior convictions, reporting each step to counsel as it is completed with dated notes.

4. 04

   Support the defense

   Counsel receives sourced reports, photographs and witness summaries for motions, negotiation or trial, and we remain available to testify about our work if needed in county or district court.

Compare

Colorado impaired-driving charges and the facts investigators develop

Statewide coverage

DUI defense investigations across Colorado

Delator assigns investigators to defense teams in every Colorado judicial district. Metro cases draw on our Thornton investigators and Arvada coverage, while Douglas County matters use the Castle Rock team. Larimer County courts are supported by our Loveland investigators, and southwest cases rely on Durango coverage. Mountain corridor and Western Slope scenes are scheduled with distance and winter roads in mind. Every engagement starts with a written scope and price approved by counsel before work begins, and reports follow one documentation standard statewide.

• Denver
• Colorado Springs
• Aurora
• Fort Collins
• Boulder
• Grand Junction
• All of Colorado

FAQ

Frequently asked questions

Every service

Investigations available in Colorado

Every service below is available in Colorado and across Colorado, run by the same Delator Group leadership that manages our Tennessee casework. Choose a service to read how it works in Colorado.

Service areas

Private investigators across Colorado