Two cases start the moment you are arrested
A Colorado DUI arrest starts two cases at once, and they run on separate tracks.
The first is the criminal case, in court. It decides guilt, and with it the possibility of jail, fines, probation, alcohol education, and a criminal record.
The second is the DMV case over your driver's license, under Colorado's express consent law. It is an administrative process, not a criminal one, and it moves on its own schedule whether or not you pay attention to it. Winning one case does not decide the other. Each has to be handled on its own.
The 7-day window
When your license is taken, you receive a revocation notice. From that notice, you have 7 days to request a DMV hearing. Miss the window and the revocation simply begins.
Requesting the hearing matters for two reasons. It typically lets you keep driving until the hearing is held, and it puts the officer's account on the record early, which can surface problems that help the criminal case. The hearings are hard to win, and an honest advisor will tell you so. Requesting one is still almost always the right move, because the alternative is giving it up for nothing.
DUI, DWAI, and what the numbers mean
Colorado has two levels of impaired driving. DUI generally involves a blood alcohol content of 0.08 or higher. DWAI, driving while ability impaired, covers the 0.05 to 0.08 range. DWAI is the lesser offense, but it is still a criminal charge with points, fines, and a record, and it counts as a prior if anything ever happens again.
For the full picture of penalties, license consequences, and how these cases unfold, see our DUI and DWAI page.
What to do this week
- Write down everything you remember about the stop while it is fresh: where, when, what was said, what tests were done.
- Request the DMV hearing before the 7-day window closes.
- Stay off social media about the arrest, entirely.
- Talk to us before you talk to anyone else about what happened. The consultation is free, and the earlier the conversation, the more options stay open.
This page is general information about Colorado law, not legal advice about your case. The law changes; for advice on your situation, talk to us.
Plain answers
Common questions.
Refusal carries its own consequences under the express consent law, including a longer license revocation and a persistent drunk driver designation with requirements that outlast the criminal case. What is done is done; the important thing now is handling both cases with the refusal in mind. Bring it up at the consultation and we will walk through exactly what it changes.
Most first offenses without aggravating factors resolve without lengthy jail, but Colorado law does carry possible jail exposure, and outcomes depend heavily on the facts and the county. What we can promise is an honest read on your actual exposure at the consultation, not a scare and not a sales pitch.
The first step
Tell us what happened.
A free, confidential consultation. No obligation, no judgment. If we are not the right fit, we will say so and point you somewhere better.
Or call 720-594-4616
Se habla español.