For many people, a DUI arrest is their first contact with the criminal justice system. Facing unfamiliar legal procedures can leave you wondering what happens when you get a DUI in Colorado.
Understanding DUI Cases in Colorado
DUI charges can occur when your driving was impaired due to intoxication or if your blood alcohol concentration (BAC) exceeded 0.08%. If your BAC is above 0.05%, you may be charged with driving while ability impaired (DWAI). No matter which offense you were charged with, working with a Colorado DUI attorney can help you defend against your charges.
Driving under the influence (DUI) is a serious criminal charge. The effect of a DUI can leave people with serious injuries or cause death. In 2024, there were 215 fatalities in impaired driving accidents in Colorado, while about 34 people are killed every day in the United States. A DUI can happen anywhere, though Colorado sees a high rate of DUI arrests along the Denver beltway and Highway 160.
The Arrest and Investigation
A DUI arrest can be scary and stressful. In 2025, Colorado Law Enforcement made about 16,000 DUI arrests. When you are arrested, law enforcement will take you to a county jail or the local police station for booking. This can involve a police report, recording personal information, and a chemical test.
A chemical test includes blood, breath, urine, or other testing used to determine the level of alcohol and other drugs in your system. Under Colorado’s Expressed Consent Law, you are required to submit to chemical testing. Refusing can lead to immediate license suspension and increased penalties.
During an arrest and a DUI investigation, you have certain rights. These rights include:
- The right to legal counsel. Before being interrogated or making statements about the offense, you should request to contact a lawyer.
- The right to remain silent. Law enforcement can use what you say and do against you, which can lead to accidental self-incrimination. Wait for guidance from your lawyer, who can advise you on what to say and communicate on your behalf.
- The right against unreasonable search and seizure. Police require your consent or a warrant for many searches. Do not consent to any unwarranted searches without advice from your lawyer.
Managing Both the Criminal and Administrative Processes
A DUI case involves your criminal case and administrative hearings. Both serve different purposes and operate on separate timelines. A lawyer can help you navigate both processes to make certain you act on time and can achieve the optimal outcome for your case.
The criminal case is part of the judicial system. Your criminal trial is where your guilt is determined according to Colorado DUI laws. Most penalties, including jail time, fines, and treatment programs, are also imposed in court. Having a DUI attorney to defend you can help you minimize penalties and even reduce criminal charges.
The administrative process involves reinstating your driving privileges after a DUI. Revocation, suspension, or denial of a driver’s license can all be determined through a DUI administrative proceeding with the Division of Motor Vehicles. Additionally, you can apply for reinstatement of your driver’s license at the end of your sentence. Though the administrative process is easily overlooked, acting within seven days of an arrest, chemical test refusal, or test results prevents automatic suspension.
Penalties of a DUI Conviction
DUI penalties can turn one accident into years of negative consequences. A lawyer can negotiate for lighter penalties and pursue alternatives to harsh penalties. A first DUI conviction generally results in:
- Jail or imprisonment for five days to one year
- Fines between $600 and $1,500
- Public service for 48 to 96 hours
- License suspension for nine months
- 12 points on your driving record
- A drug or alcohol education and treatment program
FAQs
Can a Diversion Program Be Used to Dismiss DUI Charges?
Yes, a pretrial diversion program can be used to dismiss DUI charges. These programs usually involve drug or alcohol treatment, public service, and alcohol or drug testing. If you are eligible for a DUI diversion program, prosecution is deferred until you complete the program. Upon successful completion, your criminal charges are dismissed. A DUI attorney can negotiate for a DUI diversion program to avoid the negative impacts of a criminal conviction.
Is Your License Suspended Immediately After a DUI?
Yes, your license is suspended immediately after a DUI arrest, though you will have a temporary permit that lasts seven days. You must request an administrative hearing with the DMV within these seven days to challenge a suspension. If you do not request a hearing, your permit will be automatically suspended.
How Do You Get a DUI Dismissed in Colorado?
To get DUI charges dismissed, you should hire a DUI lawyer who can build a defense and analyze your case for grounds for dismissal. Most reasons for dismissal include if legal procedures or your rights were violated by law enforcement. Common strategies include identifying an illegal traffic stop, arguing that the arresting officer lacked probable cause for an arrest, or proving evidence that a chemical test was misadministered.
Is a DUI a Felony or Misdemeanor in Colorado?
Most DUIs are misdemeanors in Colorado. Misdemeanors are punishable by no more than one year in jail and less fines than a felony DUI. A DUI can be a felony if you have three prior offenses or caused serious injury or death to another person due to your impaired driving. When calculating prior offenses, Colorado DUI laws include any prior convictions, no matter how recent they are.
Hire a DUI Lawyer From Fuller & Ahern, P.C.
If you are looking for legal guidance throughout your DUI charges, Fuller & Ahern, P.C. can help. The attorneys at Fuller & Ahern, P.C. have over 75 years of combined experience and a thorough knowledge of Colorado’s DUI laws. We know how overwhelming it can be to face criminal charges, especially due to the potential for serious penalties. We provide compassionate guidance and relentless defense to help you throughout a DUI case.
Contact us for a 100% free case review where you can learn how we achieve outcomes such as dismissed charges and reduced penalties.
