Last reviewed against the current Colorado Revised Statutes and Colorado Judicial Branch sources. Not reviewed by a licensed attorney — see the sources and disclaimer below.
Arrested for DUI in Colorado? Here's What Happens Next
A DUI arrest in Colorado triggers two separate legal processes: a criminal case in court and an administrative case with the DMV. Each has its own deadlines, and missing the DMV one is a common — and costly — mistake.
Two cases, two deadlines
The criminal case is filed by the district attorney's office and can result in jail time, fines, and a criminal record. Separately, the DMV runs an administrative case that can revoke your driver's license. Winning one does not automatically win the other — they are handled independently.
The 7-day DMV rule
At arrest, the officer typically takes your license and issues a notice of revocation. You have only seven days from the arrest to request a DMV hearing. Miss that deadline and your license is revoked automatically, with no hearing at all. This is the single most common deadline missed after a Colorado DUI arrest.
License consequences
A first DUI conviction in Colorado typically brings a license revocation of about nine months, with possible early reinstatement if you complete requirements such as an ignition interlock device. A first DWAI — the lesser "driving while ability impaired" charge — carries a shorter revocation. Refusing a chemical test triggers express-consent consequences: an automatic revocation that runs on top of any criminal penalty.
Jail, fines, and classes
A first DUI conviction carries a mandatory minimum jail sentence of five days — often convertible to community service or alternative sentencing — plus fines and court costs, and court-ordered alcohol education or treatment classes. Penalties escalate quickly: second and third offenses bring longer jail terms, longer revocations, and mandatory interlock requirements.
What happens in court
The process moves through arraignment, discovery, and motions before any trial. A Denver DUI attorney will examine whether the traffic stop was lawful, whether the officer had probable cause, and whether the breath or blood test was administered correctly — procedural errors are a common basis for reducing or dismissing charges.
Why hire a DUI attorney
A DUI conviction is a criminal record with long-term consequences for employment, insurance rates, and professional licenses. DUI defense is highly technical and local — an attorney who practices in Denver courts knows the prosecutors, judges, and testing procedures. The earlier you hire one, the more options you have, especially before that seven-day DMV deadline arrives.
Sources and Colorado citations
- C.R.S. § 42-4-1301 — Driving under the influence / DWAI offenses and penalties
- C.R.S. § 42-4-1301.1 — Express consent — chemical testing and license revocation
- C.R.S. § 42-2-132.5 — Persistent drunk driver and ignition interlock requirements
Statute numbers are provided so you can verify every figure in this guide against the primary source. Colorado law changes; check the current text before relying on any deadline or dollar limit.
General information, not legal advice
This guide is for general information only and does not constitute legal advice. Laws, fees, deadlines, and dollar limits change — and every situation is different. Consult a licensed Colorado attorney for advice about your specific case.