What to Do After a DUI Arrest in Colorado: Your First 24-48 Hours

You just got arrested for DUI in Colorado. Your heart is racing, your mind is spinning, and you’re terrified about what happens next. Maybe you’re still in handcuffs. Maybe you’ve just been released with a pile of paperwork you don’t understand. Maybe you’re sitting in your living room at 3 AM, staring at a notice about your driver’s license, wondering if this is really happening.

Here’s what you need to know right now: the next 24 to 48 hours are absolutely critical to your case. The decisions you make and the actions you take in this narrow window can dramatically affect the outcome of your DUI charge. Miss a deadline, say the wrong thing, or fail to protect your rights, and you could be looking at consequences that last for years.

We’ve represented hundreds of DUI clients from our offices in Colorado Springs, Castle Rock, Denver, and Highlands Ranch. We’ve seen people make costly mistakes in those first crucial hours simply because they didn’t know what to do. That’s why we created this guide: to walk you through exactly what happens after a DUI arrest and what you need to do to protect yourself.

Take a deep breath. You’re going to get through this. Let’s break down everything you need to know.

Quick Answer: What You Must Do Immediately

Within 7 days of your DUI arrest, you must request a DMV hearing or your license will be automatically suspended. This is separate from your criminal case and has its own tight deadline. Beyond that critical deadline, your immediate priorities are: (1) document everything about your arrest, (2) do NOT talk to anyone about your case except an attorney, (3) gather all paperwork including your Express Consent Affidavit, (4) contact a Colorado DUI defense attorney immediately, (5) do NOT post on social media, and (6) request your DMV hearing within 7 days. The first 48 hours determine the strength of your defense.

What Happens During the Booking Process? 

Let’s start with what you just went through or what’s about to happen. Understanding the booking process helps you know what to expect and what information law enforcement is collecting.

Step 1: Transport to the Police Station or Jail

After your arrest at the scene, officers will transport you to either the police station or the county jail. In El Paso County, most DUI arrests result in transport to the Criminal Justice Center in Colorado Springs. In Douglas County, you’ll likely go to the Douglas County Detention Facility in Castle Rock. Denver arrests typically lead to the Downtown Detention Center, while Arapahoe County uses the Arapahoe County Detention Facility in Centennial.

During transport, officers may try to engage you in conversation. Do not answer questions beyond basic identifying information. Anything you say can be used against you, even casual conversation. Our Colorado DUI lawyers have seen countless cases where statements made during transport became damaging evidence.

Step 2: Chemical Testing

Once at the facility, you’ll be asked to submit to chemical testing of your blood or breath. This is where Colorado’s Express Consent law comes into play, which we’ll discuss in detail below.

According to Colorado’s Express Consent statute (CRS 42-4-1301.1), by driving in Colorado, you’ve already consented to chemical testing if arrested for DUI. Refusing the test triggers an automatic one-year license revocation for a first offense, which is longer than most first-offense DUI suspensions.

The most common tests are:

• Breath test (Intoxilyzer): Measures your blood alcohol content through breath samples
• Blood test: Typically used if drugs are suspected or breath testing isn’t available
• Urine test: Rarely used anymore but still an option

Step 3: Booking and Processing

The booking process typically includes:

• Fingerprinting: Your prints are taken and entered into law enforcement databases
• Photographs: Standard mugshots from multiple angles
• Personal property inventory: Your belongings are catalogued and stored
• Background check: Officers run your criminal history and check for warrants
• Paperwork: You’ll receive multiple documents including your summons to court and the critical Express Consent Affidavit

This entire process can take anywhere from 2 to 6 hours, depending on how busy the facility is and whether you’re cooperative.

Step 4: The Notice of Revocation

Before release, you’ll be handed a Notice of Revocation. This is one of the most important documents you’ll receive. It serves as your temporary driver’s license for 7 days and explains your right to request a DMV hearing. Do not lose this document.

What Is the Express Consent Notice and Why Does It Matter? 

Colorado’s Express Consent law is something most drivers don’t know exists until they’re arrested for DUI. Understanding it is crucial because it affects both your criminal case and your driver’s license.

How Does Colorado’s Express Consent Law Work?

Under Colorado Revised Statute 42-4-1301.1, every driver on Colorado roads has given “implied consent” to submit to chemical testing if arrested for DUI. You gave this consent when you got your driver’s license, even though you probably don’t remember it.

Here’s what that means in practice:

If you take the test and your BAC is 0.08% or higher:

• Your license is revoked immediately
• You get 7 days to request a hearing
• If you don’t request a hearing, your license is suspended for 9 months (first offense)

If you refuse the test:

• Your license is revoked immediately for 1 year (first offense)
• The refusal can be used against you in court as evidence of guilt
• You face a mandatory 1-year revocation (first offense), 2 years (second offense), or 3 years (third offense)
• You still get 7 days to request a hearing
• You’ll be designated as a “Persistent Drunk Driver”

What Information Is on the Express Consent Affidavit?

The Express Consent Affidavit or Notice of Revocation you received contains critical information:

• The date and time of your arrest
• Your BAC test results (if you took the test)
• Notice that you refused (if applicable)
• Your 7-day deadline to request a DMV hearing
• Information about how to request the hearing
• What happens if you don’t request a hearing

Photograph this document immediately. Take multiple photos with your phone and email them to yourself. We’ve had clients lose this paperwork, and retrieving it can delay your defense.

Can You Challenge the Test Results?

Absolutely. Chemical tests are not infallible. Common challenges our DUI attorneys use include:

• Calibration issues: Breath testing machines must be regularly calibrated and maintained according to Colorado Department of Public Health and Environment regulations
• Operator error: The officer administering the test must follow strict protocols
• Medical conditions: Certain health conditions like GERD, diabetes, or respiratory issues can affect breath test accuracy
• Mouth alcohol: Recent alcohol use, mouthwash, or even acid reflux can create falsely high readings
• Blood test problems: Chain of custody issues, contamination, improper storage, or lab errors
• Rising BAC defense: Your BAC may have been below the legal limit while driving but rose by the time testing occurred

This is exactly why you need an experienced DUI attorney reviewing every aspect of your testing procedures.

Why Do You Only Have 7 Days to Save Your License? 

This is the single most important deadline you’re facing right now, and it’s completely separate from your criminal DUI case.

What Is the DMV Hearing Deadline?

You have exactly 7 days from the date of your arrest to request a hearing with the Colorado Department of Revenue. This is not 7 business days. This is 7 calendar days, meaning weekends and holidays count.

If you miss this deadline, your license suspension becomes automatic. There’s no do-over, no extension, no “I didn’t know.” Your driving privileges are gone.

How Do You Request a DMV Hearing?

You must submit a written request to the Colorado Department of Revenue, Driver Control Section. You can:

1. Mail the request: Send it certified mail to ensure proof of delivery
2. Fax the request: Get a confirmation page showing successful transmission
3. Submit online: Through the Colorado DMV website (most reliable method)
4. Have your attorney do it: Most DUI attorneys will file this immediately as part of their representation

The request must include:

• Your full name and driver’s license number
• The date of your arrest
• A statement that you’re requesting an Express Consent hearing
• Your current mailing address
• Email address for correspondence

Do not delay on this. Even if you haven’t hired an attorney yet, file the request yourself to preserve your rights. An attorney can take over from there. Contact our DUI defense attorneys immediately for help with this critical filing.

What Happens at the DMV Hearing?

The DMV hearing (officially called an Express Consent hearing) is your chance to challenge the license suspension. It’s separate from your criminal case and happens much faster, usually within 60 days of your request.

At this hearing, the DMV hearing officer will consider:

• Whether the officer had reasonable grounds to believe you were driving under the influence
• Whether you were properly advised of the Express Consent law
• Whether you refused testing or had a BAC of 0.08% or higher
• Whether proper testing procedures were followed

You can win at the DMV hearing even if you ultimately face criminal charges. The standards are different, and preserving your license is possible even in cases where criminal charges proceed.

Can You Drive While Waiting for Your Hearing?

In most cases, yes. Your Notice of Revocation typically serves as a temporary permit for the first 7 days. After you request a hearing, the DMV usually issues a temporary permit that allows you to drive until your hearing date.

However, this varies based on your situation:

• First offense, took the test: Usually eligible for temporary permit
• Refusal: May face immediate restrictions depending on prior history
• Multiple offenses: May face immediate suspension

How Do You Get Released From Jail? 

Most first-time DUI arrests in Colorado result in release within several hours, but understanding the process helps you know what to expect.

What Are Your Release Options?

Personal Recognizance Bond (PR Bond): This is the most common for first-time DUI offenders with no aggravating factors. You sign a promise to appear in court and are released without posting money. Most people with clean records and Colorado ties get PR bonds.

Cash Bond: If you have prior offenses, missed court dates, or other complications, the judge may set a cash bond. You or someone on your behalf must post the full amount to secure release.

Surety Bond: You can use a bondsman who posts bond for a non-refundable fee (usually 10-15% of the bond amount).

How Long Does Release Take?

For straightforward first-offense DUIs:

• Minimum: 4-8 hours from arrest to release
• Average: 8-12 hours
• With complications: 12-24 hours or longer

Factors that slow release:

• Weekend or holiday arrests (must wait for judge availability)
• Outstanding warrants
• Prior criminal history
• High BAC levels (0.20% or higher)
• Accidents or injuries involved
• Out-of-state residents

What If You Can’t Post Bond?

If a bond is set and you can’t afford it, you have options:

1. Contact family or friends who might post bond for you
2. Request a bond reduction hearing where your attorney can argue for lower bond
3. Use a bondsman if you can afford the fee
4. Wait for your advisement hearing (usually within 48 hours) where bond can be reconsidered

Having an attorney involved early can often help secure faster release or lower bond amounts.

What Should You Do in Your First 24 Hours? 

Once you’re released, the clock is ticking. Here’s your step-by-step action plan for the critical first 24 hours.

Immediate Action #1: Secure All Your Paperwork

Gather every document you received:

• Notice of Revocation / Express Consent Affidavit
• Summons with your court date
• Bond paperwork
• Any citations or tickets
• Business cards from officers (if provided)
• Towing receipts if your vehicle was impounded

Photograph everything and store copies in multiple places: your phone, email, cloud storage. These documents contain deadlines and case information you’ll need immediately.

Immediate Action #2: Write Down Everything You Remember

While the arrest is fresh in your mind, document:

• Before the stop: Where were you coming from? How much did you actually drink, and over what time period? What did you eat? When was your last drink?
• The traffic stop: Why did the officer say you were pulled over? What was your driving pattern? What lane were you in?
• Field sobriety tests: Which tests were administered? What instructions were given? Were road or weather conditions difficult? Was there traffic nearby?
• Officer statements: What questions did the officer ask? What did you say? Was the officer’s body camera activated?
• Chemical testing: Which test was administered? What time? Who administered it? Did you brush your teeth, use mouthwash, smoke, vape, or eat recently?
• Witnesses: Was anyone with you? Were there other witnesses? Did you get their contact information?
• Physical condition: Were you tired? Sick? Taking medications? Had you been crying?

These details fade quickly but can be crucial to your defense. Your attorney will ask about all of this.

Immediate Action #3: Do NOT Post on Social Media

Delete nothing, but post nothing new. Prosecutors regularly check social media for evidence. Even seemingly innocent posts can hurt your case:

• Photos showing you at bars or parties
• Check-ins at locations where you drank
• Comments about your case
• Complaints about officers or the legal system
• Any posts that contradict your potential defense

Set all your social media profiles to private, but understand that determined prosecutors can still obtain content through subpoenas. The safest approach: complete social media silence about anything related to your arrest or drinking.

Immediate Action #4: Preserve Physical Evidence

• Keep the clothes you wore: They might be relevant if chemical contamination is a defense issue
• Don’t repair any vehicle damage: Photos of your vehicle’s condition can be important
• Keep receipts: Bar tabs, restaurant receipts, or gas station purchases that establish timeline and consumption
• Save any video: If you took videos or photos that evening, preserve them
• Don’t clean your car: Any evidence inside could be relevant

Immediate Action #5: Request Your DMV Hearing

Remember that 7-day deadline? If you haven’t already requested your hearing, do it today. Don’t wait to hire an attorney. You can always have an attorney take over later, but you cannot recover a missed deadline.

Visit the Colorado DMV website or call the Driver Control Section immediately.

Immediate Action #6: Contact a DUI Defense Attorney

The sooner you have legal representation, the better your outcome will be. An experienced Colorado DUI attorney can:

• Ensure you meet all critical deadlines
• Begin investigating your case immediately
• Preserve evidence before it’s lost
• Request police reports, body camera footage, and dashcam videos
• Advise you on what to say and what not to say
• Represent you at your DMV hearing
• Start building your defense strategy
• Negotiate with prosecutors early in the process

Most DUI attorneys offer free consultations. Contact Right Law Group today to discuss your case. We handle DUI cases throughout Colorado’s Front Range with offices in Colorado Springs, Castle Rock, Denver, and Highlands Ranch. Call us at (719) 822-6227 or reach out 24/7 via phone, text, or live chat.

What Mistakes Should You Absolutely Avoid? 

We’ve seen these common mistakes derail otherwise defensible cases. Here’s what NOT to do.

Mistake #1: Talking About Your Case

Don’t discuss your arrest with anyone except your attorney. That includes:

• Family and friends (they can be subpoenaed)
• Coworkers
• People you meet at bars or parties
• Online forums or support groups
• Social media of any kind

Even statements like “I only had two beers” or “The officer was a jerk” can be used against you. Prosecutors love finding inconsistencies between what you told police, what you told friends, and what you claim in court.

Mistake #2: Missing the 7-Day DMV Hearing Deadline

We can’t stress this enough: 7 days goes by incredibly fast. We’ve had potential clients call us on day 8, and there’s nothing we can do. The automatic suspension kicks in, and you’re stuck.

Set multiple alarms on your phone. Write it on your calendar. Tell family members to remind you. Whatever it takes, request that hearing.

Mistake #3: Trying to Explain Yourself to the Prosecutor

Some people think if they just explain the situation to the prosecutor, everything will be cleared up. Maybe you weren’t really that drunk. Maybe you had a medical emergency. Maybe the officer made a mistake.

Do not contact the prosecutor directly. This never helps. Anything you say can and will be used against you. Let your attorney handle all communication with prosecutors. That’s what we’re here for.

Mistake #4: Failing to Appear in Court

Your summons has a court date on it. Missing that date is a separate crime (Failure to Appear under CRS 16-2-110) and can result in:

• An arrest warrant issued immediately
• Additional criminal charges
• Automatic bond revocation
• Loss of any negotiating leverage
• Destruction of your credibility with the judge
• Potential increased penalties on the original charge

If you absolutely cannot make your court date due to an emergency, have your attorney file a motion for continuance before your court date.

Mistake #5: Hiring the Cheapest Attorney You Can Find

DUI defense is complex and technical. The consequences of a conviction last for years. This is not the place to bargain hunt.

The cheapest attorney may:

• Have little DUI-specific experience
• Push you toward a quick plea deal without investigating defenses
• Miss important defenses or procedural issues
• Be unavailable when you need guidance
• Lack relationships with local prosecutors and judges
• Not have resources for expert witnesses if needed

Invest in experienced DUI representation. The difference in outcome is often worth many times the difference in cost. Our firm offers payment plans to make quality representation accessible.

Mistake #6: Giving Up and Pleading Guilty

Many people assume a DUI charge means automatic conviction. That’s absolutely not true. There are numerous defenses in DUI cases:

• Illegal traffic stop (Fourth Amendment violations)
• Improper field sobriety test administration
• Breath test machine errors or maintenance issues
• Blood test contamination or chain of custody issues
• Rising BAC (you were under the limit while driving)
• Medical conditions affecting test results
• Violation of Miranda rights
• Improper police procedures

Every case deserves a thorough investigation before considering any plea agreement. We’ve gotten charges reduced or dismissed in cases that initially looked hopeless.

Mistake #7: Waiting Too Long to Hire an Attorney

The earlier you involve an attorney, the more options you have. Evidence can be lost, witnesses forget details, and surveillance footage gets deleted. Contact a DUI lawyer within 24-48 hours of your arrest for the best possible outcome.

When Is Your First Court Appearance? 

Understanding the court process helps reduce anxiety and ensures you’re prepared.

What Is an Advisement Hearing?

Your first court appearance is typically called an “advisement” or “arraignment.” This usually happens within 2-4 weeks of your arrest, though the date should be on your summons.

At this hearing:

The judge will advise you of the charges against you: You’ll hear the formal charges, which might be:

• DUI (Driving Under the Influence) – CRS 42-4-1301(1)(a)
• DUI Per Se (BAC 0.08% or higher) – CRS 42-4-1301(2)(a)
• DWAI (Driving While Ability Impaired, for BAC 0.05-0.08%) – CRS 42-4-1301(1)(b)

You’ll be asked to enter a plea: Your options are:

• Not Guilty: This is what most people enter, preserving all your rights
• Guilty: Never plead guilty at advisement without attorney advice
• No Contest: Similar to guilty but with different legal implications

Bond will be addressed: If you weren’t released on PR bond, bond conditions may be set or modified.

Future court dates will be scheduled: Usually your next appearance will be a pretrial conference in 4-8 weeks.

Do You Need an Attorney at Advisement?

Technically no, but it’s strongly recommended. Having an attorney at advisement shows the court you’re taking the charges seriously and allows your attorney to:

• Enter a not guilty plea on your behalf
• Request discovery (the prosecution’s evidence)
• Address any bond concerns
• Begin negotiating with prosecutors
• File early motions if necessary
• Get the case on the best possible track from day one

What Should You Wear to Court?

Dress professionally and conservatively:

• Business casual at minimum (dress shirt, slacks, closed-toe shoes)
• Avoid shorts, tank tops, flip-flops, or athletic wear
• Remove or cover visible tattoos if possible
• Remove excessive piercings
• Avoid clothing with profanity, drug references, or controversial messages
• No hats or sunglasses inside the courtroom

Your appearance matters. Judges notice whether you’re taking the proceedings seriously. First impressions count.

What Happens After Advisement?

The typical DUI case timeline in Colorado:

1. Advisement (Week 2-4 after arrest)
2. Pretrial Conference (Week 8-12): Your attorney and prosecutor discuss the case
3. Motions Hearings (if needed): Challenging evidence or procedures
4. Disposition Hearing or Trial (Month 3-6): Resolution of your case

For first-time offenders with strong defenses, cases can sometimes be resolved in 2-3 months. Complex cases or those going to trial may take 6-12 months or longer. Our criminal defense attorneys work efficiently while ensuring thorough representation.

What Are the Immediate Consequences You’re Facing? 

Let’s be straightforward about what you’re up against. Understanding the potential consequences helps you make informed decisions about your defense.

What Happens to Your Driver’s License?

Administrative License Suspension (DMV):

• First offense, BAC 0.08% or higher: 9-month suspension
• First offense, refusal: 1-year revocation
• Second offense, BAC 0.08% or higher: 1-year suspension
• Second offense, refusal: 2-year revocation
• Third offense, refusal: 3-year revocation

This is separate from any criminal penalties and happens through the DMV process, not the criminal court.

Criminal License Suspension: If convicted in criminal court, you may face additional suspension that typically runs concurrently with (not in addition to) the DMV suspension.

Can You Get a Restricted License?

Colorado offers several options for limited driving privileges:

Interlock-Restricted License: For first-time offenders who complete alcohol education and install an ignition interlock device (IID), you may be eligible for reinstatement after completing Level II education. This allows you to drive any vehicle equipped with an approved IID.

Requirements typically include:

• Completion of Level II Alcohol and Drug Education (12-24 hours minimum)
• Proof of SR-22 insurance
• Payment of reinstatement fees ($95 reinstatement fee, plus IID installation and monitoring costs)
• Installation of approved ignition interlock device
• Substance abuse evaluation

Your DUI defense attorney can help you navigate these options and determine your eligibility. We help clients get back on the road as quickly as legally possible.

What Are the Criminal Penalties for First Offense DUI?

If convicted, first-offense DUI in Colorado carries:

Jail time:

• 5 days to 1 year in jail
• Often suspended in favor of probation for first offenders
• 10-day mandatory minimum if BAC was 0.20% or higher (cannot be suspended)

Fines:

• $600 to $1,000 plus court costs and fees
• Additional “abatement fee” of $90
• Victim compensation fees
• Crime stopper fees

Community Service:

• 48 to 96 hours required
• Must be completed at approved agencies

Alcohol Education and Treatment:

• Level II Alcohol Education (12-24 hours minimum)
• Substance abuse evaluation (typically $50-75)
• Treatment if evaluation recommends it (can cost $500-2,000+)
• All at your expense

Probation:

• Typically 1-2 years supervised or unsupervised probation
• Regular check-ins with probation officer (if supervised)
• Random drug/alcohol testing
• Compliance with all court orders
• Prohibition on alcohol consumption during probation

Ignition Interlock Device:

• Installation on your vehicle if you seek early reinstatement
• Monthly monitoring fees ($70-100/month)
• Installation costs ($100-150)

How Will This Affect Your Insurance?

A DUI conviction dramatically impacts your insurance:

• SR-22 requirement: High-risk insurance filing required for 3 years minimum
• Rate increases: Expect premiums to double or triple
• Some insurers will drop you entirely: You’ll need to find an insurer willing to cover high-risk drivers
• Cannot shop around easily: Limited options for several years

The insurance consequences alone can cost you $10,000-$15,000 over three years, making it one of the most expensive long-term penalties.

What About Employment Consequences?

A DUI conviction can affect your job:

• Professional licenses: Nurses, doctors, lawyers, teachers, real estate agents, and other licensed professionals may face disciplinary action from their licensing boards
• CDL holders: A DUI results in a one-year CDL disqualification (minimum), effectively ending your commercial driving career temporarily or permanently
• Background checks: Future employers will see the conviction
• Current employment: Some employers have policies requiring disclosure of criminal convictions
• Security clearances: Can result in loss of security clearance
• Government jobs: May be disqualified from federal or state employment

Additional Collateral Consequences

• Travel restrictions: Canada and some other countries may deny entry
• Student loans: May affect eligibility for federal student aid
• Housing applications: Landlords may deny rental applications
• Volunteer opportunities: May be barred from coaching youth sports or volunteering
• Military service: Can affect military service eligibility or current service status

How Can You Start Building Your Defense Right Now? 

While your attorney will lead your defense strategy, there are things you can do immediately to strengthen your case.

What Evidence Should You Gather?

Witness Contact Information: If anyone was with you or witnessed your arrest, get their full contact information now. Memories fade, and people move. Your attorney will want to interview witnesses while events are fresh. Get:

• Full name
• Phone number
• Email address
• Physical address
• Relationship to you

Photographic Evidence:

• Photos of the arrest location (lighting conditions, signage, road conditions, traffic patterns)
• Photos of your vehicle (if relevant to the stop reason or if damage is claimed)
• Weather conditions if they were a factor
• The location where you were drinking (to establish consumption timeline)

Receipts and Records:

• Credit card receipts showing where you were and when
• Bar tabs showing exactly what you purchased (and what you didn’t)
• Restaurant receipts showing food consumption
• Cell phone records showing who you called and when
• Bank statements proving your location
• Gas station receipts

Video Evidence:

• Dashcam footage (your own or from witnesses)
• Security camera footage from bars, restaurants, or businesses you visited
• Ring doorbell footage from where you were
• Cell phone videos you or friends took that evening
• Traffic camera footage if near the arrest location

Time is critical for video evidence. Many businesses only keep security footage for 7-30 days before overwriting it. Your attorney can send preservation letters to businesses immediately to prevent deletion.

Should You Get an Independent Blood Test?

If you took a blood test and believe the results are wrong, consider getting an independent split-sample analysis. Colorado law (CRS 42-4-1301.1(4)(b)) requires that a portion of your blood sample be preserved for independent testing.

Your attorney can:

• Request the split sample from the state lab within specific timeframes
• Send it to an independent laboratory for analysis
• Challenge the state’s results if the independent test shows different results
• Identify contamination, improper storage, or handling errors

This must be done relatively quickly, as blood samples do degrade over time. Our firm works with certified independent laboratories experienced in DUI blood analysis.

Can You Challenge the Traffic Stop?

One of the strongest DUI defenses is challenging whether the officer had legal grounds to stop you in the first place. Officers need “reasonable suspicion” of a traffic violation or criminal activity to initiate a stop.

Common challengeable stop reasons:

• Anonymous tip: Generally not enough without officer corroboration of illegal activity
• Weaving within your lane: Often not a traffic violation in Colorado
• Leaving a bar: Not reasonable suspicion by itself
• DUI checkpoint: Must follow strict constitutional requirements under CRS 42-4-1301(8)
• Expired registration visible: Must be actually expired, not just appear to be
• Following too closely: Must be substantiated
• Vague “bad driving”: Not specific enough

If the stop was illegal, all evidence obtained afterward gets suppressed under the “fruit of the poisonous tree” doctrine, meaning the prosecution loses its case.

What About Field Sobriety Test Issues?

Field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are highly subjective and frequently administered improperly.

Your attorney will examine:

• Whether the officer was certified to administer standardized field sobriety tests
• Whether instructions were clear and complete according to NHTSA standards
• Whether proper demonstrations were provided
• Whether road/weather conditions affected performance (uneven surface, poor lighting, rain, snow)
• Whether medical conditions impacted your ability (knee problems, back issues, inner ear problems, age)
• Whether footwear affected performance (high heels, boots, slippery soles)
• Whether the tests were scored correctly
• Whether the officer’s report matches body camera or dashcam footage

Many officers cut corners on field sobriety tests or deviate from standardized protocols. This creates opportunities for your defense.

What Happens If This Is Your Second or Third DUI? 

Multiple DUI offenses trigger substantially harsher penalties. If you have prior DUI convictions, your situation is more serious and requires immediate attorney involvement.

What Are Second Offense DUI Penalties?

Jail time:

• 10 days to 1 year (minimum 10 days mandatory, cannot be suspended)
• 90-day consecutive sentence if BAC was 0.20% or higher

Fines:

• $600 to $1,500 plus costs and fees

License suspension:

• 1-year administrative revocation minimum
• Additional criminal suspension if convicted
• 2-year minimum ignition interlock restriction after reinstatement

Other penalties:

• 48-120 hours community service
• 2-4 years probation (minimum 2 years)
• Level II Alcohol Education and Treatment
• Ignition interlock required for 2 years minimum after reinstatement
• Designated as “Persistent Drunk Driver”

What About Third or Fourth Offense?

Third offense can be charged as either a misdemeanor or Class 4 felony, depending on circumstances and whether prior convictions were within 7 years.

As a misdemeanor:

• 60 days to 1 year in jail (minimum 60 days mandatory)
• $600 to $1,500 in fines
• 48-120 hours community service
• 2-4 years probation

Fourth offense is automatically a Class 4 felony, carrying:

• 2-6 years in Colorado Department of Corrections (prison)
• 3 years mandatory parole after release
• $2,000 to $500,000 in fines
• Permanent felony record
• Loss of voting rights (while incarcerated)
• Loss of firearm rights
• Substantial impact on employment, housing, and civil rights
• Habitual Traffic Offender designation (5-year license revocation under CRS 42-2-202)

If you’re facing a second, third, or fourth DUI, you need an experienced Colorado DUI attorney immediately. The stakes are exponentially higher. Call us at (719) 822-6227 for immediate help.

Do Prior Convictions From Other States Count?

Yes. Colorado counts DUI convictions from other states when determining whether you’re a repeat offender under CRS 42-4-1301(1)(c). This is true even if:

• The prior conviction was years ago
• It was called something different (OWI, OUI, DWI, DUII, etc.)
• You were convicted under a different legal standard
• The case was resolved with a deferred sentence

If you have any prior alcohol-related driving convictions from any state, tell your attorney immediately. We need this information to plan the best defense strategy.

Frequently Asked Questions About DUI Arrests in Colorado 

How long does a DUI stay on your record in Colorado?

A DUI conviction stays on your criminal record permanently in Colorado. Unlike some offenses, DUIs cannot be sealed or expunged under current Colorado law. For sentencing purposes, prior DUIs may not count as “priors” for enhanced penalties if they occurred more than 10 years ago, though this varies by circumstance. The conviction will always appear on background checks and can affect employment, housing, and professional licensing.

Can you beat a DUI charge in Colorado?

Yes. Many DUI cases result in reduced charges or dismissal with proper defense. Common successful defenses include challenging illegal traffic stops, demonstrating improper field sobriety test administration, exposing breath or blood test errors, proving rising BAC (you were under the limit while driving), showing medical conditions that affected test results, demonstrating violations of proper procedure, or identifying Fourth Amendment violations. Every case has potential defenses that should be thoroughly investigated. Important disclosure: Past results in other cases do not guarantee or predict a similar outcome in your case. Each case is unique and depends on its specific facts and circumstances.

What is the difference between DUI and DWAI in Colorado?

DUI (Driving Under the Influence) under CRS 42-4-1301(1)(a) means your ability to drive is substantially impaired, typically with a BAC of 0.08% or higher. DWAI (Driving While Ability Impaired) under CRS 42-4-1301(1)(b) means you’re impaired to the slightest degree, typically with a BAC between 0.05% and 0.08%. DWAI carries lesser penalties than DUI but is still a criminal offense with jail time, fines, license suspension, and a permanent criminal record.

Should you refuse a breathalyzer in Colorado?

Refusing chemical testing in Colorado triggers an automatic 1-year license revocation for first offense (longer for subsequent offenses), which is often harsher than the 9-month suspension for failing the test. Additionally, your refusal can be used against you in court as evidence of consciousness of guilt under CRS 42-4-1301(6)(d). You’ll be designated as a “Persistent Drunk Driver” requiring Level II education. Most DUI attorneys recommend taking the test, though every situation is different. There may be rare circumstances where refusal is the better strategic choice, but this should only be determined with attorney advice at the time.

How much does a DUI attorney cost in Colorado?

DUI attorney fees in Colorado typically range from $2,500 to $10,000+ depending on case complexity, attorney experience, whether the case goes to trial, and the jurisdiction. While this seems expensive, the long-term costs of a conviction (increased insurance, lost employment opportunities, jail time, fines, alcohol classes) often far exceed attorney fees by tens of thousands of dollars. Many attorneys, including our firm, offer payment plans to make quality representation accessible. A free consultation costs nothing and can help you understand your options.

Can you get a DUI dismissed in Colorado?

Yes, cases can be dismissed if there are strong legal or factual defenses. Common grounds for dismissal include: the traffic stop was illegal (Fourth Amendment violation), your constitutional rights were violated, chemical tests were improperly administered or unreliable, evidence was mishandled or contaminated, prosecution witnesses are unavailable or not credible, chain of custody was broken for blood evidence, or the prosecution cannot prove their case beyond reasonable doubt. An experienced attorney evaluates every aspect of your case for dismissal opportunities. Disclosure: Dismissals depend on the specific facts of each case and cannot be guaranteed. Past dismissals in other cases do not predict results in your case.

Do I need an attorney for a first-time DUI?

Yes. Even first-time DUI carries 5 days to 1 year in jail, $600-$1,000 in fines, 9-month license suspension, mandatory alcohol classes, probation, and a permanent criminal record. An attorney can often get charges reduced to DWAI (lesser offense), negotiate alternative sentencing like deferred judgment (in some jurisdictions), challenge illegal stops or improper procedures, or win dismissal of charges. The consequences are too serious to face alone, and having an attorney often results in substantially better outcomes. Additionally, attorneys protect your rights throughout the process and ensure proper procedures are followed.

What happens at a DMV hearing for DUI?

At the Express Consent DMV hearing, a hearing officer determines whether your license should be suspended under administrative rules (separate from criminal court). The hearing examines whether: (1) the officer had reasonable grounds to believe you were driving under the influence, (2) you were properly advised of Colorado’s Express Consent law, (3) you refused testing or had a BAC over 0.08%, and (4) proper procedures were followed. You can win this hearing even if facing criminal charges because the burden of proof and issues are different. Winning preserves your driving privileges regardless of the criminal case outcome.

Can you drive to work with a DUI in Colorado?

Potentially yes. If you’re eligible for an interlock-restricted license under CRS 42-2-132.5, you can drive to work and other necessary locations if your vehicle has an installed ignition interlock device. You must complete Level II Alcohol Education, pay reinstatement fees, obtain SR-22 insurance, and meet all requirements. Your attorney can help you navigate this process and determine your eligibility based on your specific circumstances. The process typically takes 30-60 days to complete all requirements.

How long does a DUI case take in Colorado?

Most first-offense DUI cases resolve in 3-6 months from arrest to final disposition. Cases going to trial may take 6-12 months or longer depending on court schedules and case complexity. Complex cases with multiple motions, expert witnesses, or scientific challenges can extend beyond a year. The timeline depends on: court schedules in your jurisdiction, complexity of legal issues, whether you accept a plea agreement or proceed to trial, availability of witnesses, and how quickly you hire an attorney. Getting an attorney involved early often speeds up the process by addressing issues proactively.

Will a DUI affect my job or professional license?

It depends on your profession. Licensed professionals (nurses, doctors, lawyers, teachers, real estate agents, financial advisors, etc.) must often report criminal convictions to their licensing boards, which may result in disciplinary action, additional education requirements, probation, or license suspension. CDL holders face automatic disqualification. Government employees and those with security clearances may face job loss. Most private employers won’t automatically fire you, but future job applications will show the conviction. If you hold a professional license, tell your attorney immediately so we can develop a strategy that protects both your criminal case and your license.

How Can Right Law Group Help You? 

If you’re reading this because you’ve just been arrested for DUI, we know exactly how you’re feeling. Scared. Confused. Worried about your job, your license, your future. You’re wondering if one mistake is going to define the rest of your life.

Here’s what we want you to know: A DUI arrest does not mean a DUI conviction. There are defenses available in every case. There are opportunities to protect your license, reduce charges, or avoid conviction altogether. But only if you act quickly and get the right representation.

The criminal defense attorneys at Right Law Group have decades of combined experience defending DUI charges throughout Colorado’s Front Range. With offices in Colorado Springs, Castle Rock, Denver, and Highlands Ranch, we serve clients in El Paso County, Douglas County, Arapahoe County, Jefferson County, and Denver County. We know the local prosecutors, understand how each judge operates, and know what defense strategies actually work in your specific courthouse.

Why Choose Right Law Group for Your DUI Defense?

Former Prosecutors on Your Side: Our team includes three former prosecutors who know how the other side thinks. We understand prosecution strategies, how cases are built, and where weaknesses exist. This insider perspective gives our clients a significant advantage.

We Act Immediately: When you’re facing a 7-day DMV deadline, you need an attorney who responds right away. We’re available 24/7 via phone, text, or live chat. We’ll file your DMV hearing request immediately and start investigating your case within hours.

We Fight the Science: DUI cases often come down to technical evidence. We understand breath test machines, blood testing procedures, and field sobriety test protocols. We work with expert witnesses when needed. We know how to challenge bad science and unreliable test results.

We Know the Local Courts: We regularly appear in courts throughout the Front Range. We know what strategies work with specific judges and prosecutors. We have relationships built over years of practice that benefit our clients.

We Explore Every Defense: From illegal stops to rising BAC defenses to medical conditions affecting tests, we examine every angle. Many DUI arrests contain constitutional violations or procedural errors that create defense opportunities. We investigate thoroughly rather than accepting the prosecution’s version of events.

We Protect Your License: We aggressively fight at DMV hearings to save your driving privileges. We help you get ignition interlock restricted licenses when possible. We understand how critical your ability to drive is to your life, family, and employment.

What Makes Our Approach Different?

Personalized Attention: You’re not just a case number. You’ll work directly with an experienced attorney who knows your name and your situation.

Transparent Communication: We explain the process in plain English, keep you updated regularly, and always return calls promptly. You’ll always know what’s happening with your case.

No Pressure Tactics: We don’t push clients toward quick plea deals to close cases. We thoroughly investigate every case and fight for the best possible outcome, whether that’s dismissal, reduced charges, or alternative sentencing.

Affordable Payment Plans: We offer flexible payment options because quality representation shouldn’t be out of reach. We accept credit cards, payment plans, and work with your budget.

Proven Track Record: While past results don’t guarantee future outcomes, we’ve successfully defended hundreds of DUI cases with favorable results including dismissals, reduced charges, and not guilty verdicts. Disclosure: Each case is unique, and past results do not guarantee or predict outcomes in future cases.

What Can You Expect When You Call Us?

A free, confidential consultation: We’ll discuss the details of your arrest, answer your questions, explain your options, and give you our honest assessment. No obligation, no pressure.

No judgment: We’ve represented hundreds of people facing DUI charges. We understand that good people make mistakes. We’re here to help, not lecture.

Clear communication: We’ll explain the process step-by-step, discuss realistic outcomes, and keep you informed throughout your case.

Aggressive representation: We don’t give up easily. We investigate thoroughly, file motions when appropriate, and fight for the best possible outcome at every stage.

Immediate action: We’ll request your DMV hearing, begin gathering evidence, and start building your defense right away.

Take Action Now

The first 48 hours after your DUI arrest are the most critical. Don’t wait. Don’t hope it will go away. Don’t try to handle it yourself. When you are facing a DUI, the Right Defense Matters. 

Contact Right Law Group today for your free consultation. Call us at (719) 822-6227 or reach out 24/7 via phone, text, or live chat. We’re available around the clock because we know DUI arrests don’t happen on a convenient schedule.

Your future is too important to leave to chance. Let us fight for you.

 

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is accurate to the best of our knowledge as of October 2025 but may not reflect the most current legal developments. Each case is unique, and outcomes depend on specific facts and circumstances. Laws and court procedures may vary by county and jurisdiction within Colorado. If you are facing criminal charges, consult with a qualified Colorado criminal defense attorney to discuss your specific situation.

Colorado Bar Advertising Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results do not guarantee future outcomes. No attorney-client relationship is created by reading this article or contacting our firm for a consultation.