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What Happens After a DUI Arrest in Colorado

By Denver Legal Directory Editorial Team · September 8, 2026

Two separate cases start the night you are arrested — one with the DMV and one in criminal court. Here is the sequence, the deadlines, and what to do first.

A DUI arrest in Colorado sets two separate processes in motion at the same time. Most people only find out about the second one after they have already missed a deadline. Here is the sequence.

Two cases, not one

The first is administrative: the Colorado Division of Motor Vehicles decides whether you keep your driving privilege. The second is criminal: the district attorney decides what to charge and the court decides the outcome. They run on different tracks, with different rules, and one can end very differently from the other.

The deadline people miss

If you refused testing or tested at or above the legal limit, your license is subject to revocation, and you have a short window — commonly seven days from the notice — to request a DMV hearing. Miss it and the revocation typically takes effect without you ever getting to contest it. This is the single most time-sensitive step after an arrest.

The criminal side

  • First appearance, where charges are formally read
  • Discovery, where your attorney gets the reports, video, and test results
  • Motions, including challenges to the stop or the testing procedure
  • Plea negotiation or trial

Colorado also has an "excessive BAC" category and enhanced consequences for repeat offenses, so the details of your test results and history matter a great deal to what is on the table.

What to do in the first week

  • Write down everything you remember while it is fresh: the time, the stop, what was said, what tests were given.
  • Keep every piece of paper you were handed at the scene or the jail.
  • Request the DMV hearing rather than assuming your lawyer already has.
  • Talk to a Colorado DUI attorney before making any statement about the case.

What not to do

Do not discuss the arrest on social media. Do not contact the arresting officer. Do not assume a first offense means the outcome is fixed — the testing procedure, the reason for the stop, and the maintenance records of the testing device are all fair grounds for challenge.

This article is general information about Colorado law, not legal advice for your situation.

This article is general information about Colorado law, not legal advice. Find a Denver attorney for guidance on your situation.