Facing a DUI charge in Denver can be a frightening and overwhelming experience. Colorado has strict driving under the influence (DUI) laws, and a conviction can lead to hefty fines, license suspension, and even jail time. Whether this is your first offense or you have prior DUI convictions, understanding the legal process is crucial.
At Baker Law Group, our experienced Denver criminal lawyers help individuals fight DUI charges and navigate the complex legal system. If you’ve been arrested for a DUI, here’s what happens next and what you need to know to protect your rights.
1. DUI Arrest and Chemical Testing
If you are pulled over under suspicion of driving under the influence, the officer will look for signs of impairment, such as:
- Slurred speech
- Bloodshot eyes
- The smell of alcohol or marijuana
- Erratic driving behavior
- Difficulty following instructions
If the officer suspects impairment, they may ask you to take a field sobriety test or a breathalyzer test. Colorado has an express consent law (C.R.S. § 42-4-1301.1), which means that if you refuse a breath or blood test after a DUI arrest, you could face automatic license suspension and be designated as a persistent drunk driver (PDD)—even if it’s your first offense.
What Happens if You Refuse a Test?
Refusing a chemical test results in:
- Immediate license suspension for at least one year
- Mandatory alcohol education and treatment
- Installation of an ignition interlock device (IID) for at least two years if you want to regain driving privileges
While refusing a test may make it harder for the prosecution to prove your BAC (blood alcohol concentration), the penalties for refusal are severe.
2. Booking and Release Options
After your DUI arrest, you will be taken to jail or a detox facility for booking. Depending the circumstances, you may be:
- Released on your own recognizance (if it’s a first offense and no aggravating factors exist)
- Required to post bail
- Held in jail if there are prior DUI convictions or if the offense involved an accident or injury
Once released, you’ll receive a court summons with the date of your first appearance before a judge.
3. Your DMV Hearing and License Suspension
A DUI arrest in Colorado triggers two separate cases:
- The criminal case (handled in court)
- The administrative case (handled by the Colorado Department of Motor Vehicles)
After your arrest, you only have 7 days to request a DMV hearing to contest your license suspension. If you fail to request this hearing, your license will be suspended automatically.
At the DMV hearing, your Denver criminal lawyer can argue to keep your driving privileges by challenging the legality of the traffic stop, the accuracy of the breathalyzer test, and other factors. If the hearing is unsuccessful, you may still be eligible for a restricted license by installing an ignition interlock device.
4. Court Process and Possible Penalties
First Court Appearance (Arraignment)
Your first court appearance is the arraignment, where you’ll enter a plea of:
- Guilty (accepting penalties)
- Not guilty (fighting the charges)
- No contest (not admitting guilt but accepting penalties)
Your Denver criminal lawyer will review the prosecution’s evidence, including:
- Police reports
- Breathalyzer or blood test results
- Bodycam footage
- Witness statements
Penalties for a DUI in Denver
Penalties for a DUI conviction depend on your BAC level, prior offenses, and aggravating factors (such as accidents or injuries).
| Offense | Jail Time | Fines | License Suspension | IID Requirement |
| First DUI | Up to 1 year | $600 – $1,000 | 9 months | 8 months |
| Second DUI | 10 days – 1 year | $600 – $1,500 | 1 year | 2 years |
| Third DUI | 60 days – 1 year | $600 – $1,500 | 2 years | 2 years |
| Felony DUI (4th offense) | 2-6 years | Up to $500,000 | Indefinite | Court-ordered |
Note: Aggravating factors (e.g., BAC over 0.15%, minor in the car, or causing an accident) can increase penalties significantly.
Your attorney may negotiate a plea deal for lesser charges, such as DWAI (Driving While Ability Impaired), which carries lighter penalties than a full DUI conviction.
5. Defenses Against a DUI Charge
A skilled Denver criminal lawyer will assess the case for defenses that could lead to dismissal or reduced charges. Common defenses include:
- Lack probable cause for the traffic stop
- Inaccurate breathalyzer or blood test results
- Police procedural errors during the arrest
- Medical conditions that could have affected test results (e.g., diabetes, acid reflux)
- Rising BAC defense (arguing your BAC increased after driving, not during)
By identifying weaknesses in the prosecution’s case, a DUI lawyer can challenge evidence and protect your rights.
6. What Should You Do If You’re Charged with a DUI?
If you’ve been charged with a DUI in Denver, taking immediate action is crucial. Here’s what you should do:
✅ Contact a DUI lawyer immediately – The sooner you have legal representation, the better your chances of fighting the charges.
✅ Request a DMV hearing – You only have 7 days to request a hearing to prevent automatic license suspension.
✅ Follow court orders – If you’re released with conditions (e.g., no alcohol consumption, attending classes), comply with all requirements.
✅ Avoid discussing your case online or with others – Anything you say can be used against you in court.
✅ Prepare for court – Work with your lawyer to build a strong defense and explore all legal options.
Contact a Denver Criminal Lawyer Today
A DUI conviction can have long-lasting consequences on your life, including criminal penalties, financial hardship, and difficulty finding employment. At Baker Law Group, our experienced Denver criminal lawyers are dedicated to defending clients against DUI charges and ensuring the best possible outcome.
We will analyze the evidence, challenge weaknesses in the prosecution’s case, and fight to protect your rights. Whether you’re facing your first DUI or have prior offenses, we are here to help.
Call Baker Law Group today for a free consultation, or contact us online to discuss your DUI case. Let us fight for you and help you move forward.
