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Being arrested for driving under the influence (DUI) brings up a lot of questions — and one of the most common is whether a court appearance is mandatory. In Colorado, the answer is simple: Yes, you do have to go to court for a DUI. Unlike some traffic violations that can be resolved by paying a fine online, a DUI is a criminal offense that requires a formal legal process.
Even if you were cooperative at the time of arrest or it’s your first offense, a court appearance is still required. The Colorado court system treats DUI charges seriously, and each case goes through a structured process that includes hearings, possible plea discussions, and sentencing. Missing a required court date can result in additional penalties, including arrest warrants or license consequences.
This post clarifies why a court appearance is mandatory for DUI cases in Colorado, what happens during those appearances, and how the legal process unfolds from start to finish. It also covers whether an attorney can appear on your behalf and what happens if you miss a scheduled hearing. This is not legal advice — just an overview of how DUI court attendance works in Colorado.
Why DUI Cases Require a Court Appearance
DUI is classified as a criminal offense in Colorado — not just a traffic infraction. Because of this, the state mandates that every person charged with DUI must appear in court to respond to the charges. This applies whether you are charged with:
- DUI (Driving Under the Influence)
- DWAI (Driving While Ability Impaired)
- DUI per se (based solely on BAC at or above 0.08%)
The court appearance, known as an arraignment, is where the legal process begins. At this hearing:
- Charges are formally presented
- The defendant is asked to enter a plea (guilty, not guilty, or no contest)
- Bail or bond conditions may be reviewed
Even if you plan to plead guilty or accept a plea deal, appearing in court is still part of the process. The court system requires that all defendants appear in person (or in some cases through legal counsel) to ensure that the case is handled properly.
There is no option to “pay the ticket and move on” — DUI charges in Colorado involve mandatory legal procedures.
Timeline of Court Appearances After a DUI Arrest
After a DUI arrest in Colorado, a series of court appearances are typically scheduled. These may vary depending on the complexity of the case, but the general timeline looks like this:
- Arraignment – Usually the first appearance, held within a few weeks of the arrest
- Pre-trial Conference – Where plea negotiations or case management discussions occur
- Motion Hearings – If there are disputes about evidence or procedures
- Trial – If the case is not resolved through a plea deal
- Sentencing – If a guilty plea is entered or a verdict is reached
Each stage requires attendance unless your attorney has made arrangements to appear on your behalf (see more below). Even if you have a lawyer, certain hearings may still require your personal attendance.
The court sets these dates and expects full compliance. Failing to attend any required hearing can result in a bench warrant, additional charges, and delays in the resolution of your case.
Can an Attorney Appear in Court on Your Behalf?
In some DUI cases, especially for misdemeanor charges and first-time offenses, your attorney may be allowed to appear on your behalf for some of the court hearings. This is known as a waiver of personal appearance, and it must be filed with the court ahead of time.
Situations where this may apply include:
- Routine arraignment hearings
- Pre-trial conferences involving scheduling or negotiation
- Status updates or rescheduling
However, you may still be required to appear in person for:
- Entry of a plea agreement
- Any motion hearing where testimony is required
- Trial
- Sentencing
The court typically determines whether your presence is necessary based on the nature of the hearing. If your attorney is handling the case, they can advise you on which hearings require your attendance and which may be waived.
It’s important to follow all instructions from your legal counsel and the court closely. Never assume that you can skip a court date unless you’ve been told directly that your presence isn’t required.
What Happens If You Miss a Court Date?
Missing a scheduled DUI court date in Colorado has serious consequences. The court may issue a bench warrant for your arrest, which authorizes law enforcement to take you into custody. Other possible outcomes include:
- License suspension through the DMV
- Additional criminal charges (failure to appear)
- Increased penalties if you’re convicted later
- Loss of bond or bail if one was posted
In some cases, a missed court date may be due to an honest mistake — such as misreading a date or failing to receive a notice. If that happens, it’s important to act quickly. Contact your attorney or the court clerk’s office to explain the situation and try to reschedule the hearing as soon as possible.
Ignoring a missed appearance only makes the situation worse. Courts may be more lenient if you respond promptly and show a willingness to correct the issue.
Is a DUI Court Appearance the Same as a DMV Hearing?
No — the DMV license hearing is a completely separate process from the criminal court proceedings. After a DUI arrest, Colorado drivers face two parallel processes:
- Criminal court case – Involves arraignment, plea, trial, and sentencing
- Administrative license hearing – Held by the DMV to determine driving privileges
The DMV hearing must be requested within 7 days of receiving the notice of revocation, usually issued at the time of arrest. If the hearing is not requested in time, the license suspension begins automatically.
Even if your DMV hearing goes in your favor, you are still required to attend court for the criminal charges. Likewise, winning or losing in court does not directly affect the DMV decision unless official documents are submitted.
Both processes are important — but they operate independently of each other.
Are DUI Court Appearances Required for All Charges?
Yes — even for lesser offenses like DWAI or first-time DUI, court appearances are still required in Colorado. This applies regardless of:
- BAC level
- Driver’s record
- Level of cooperation during arrest
- Whether jail time is likely
The only possible exception involves rare situations where the court explicitly permits your attorney to appear in your place. Otherwise, attending court is a mandatory part of resolving any DUI-related charge in the state.
This reflects Colorado’s commitment to treating impaired driving as a public safety issue. The court process ensures that every case is formally reviewed and that penalties are considered through proper legal channels.
FAQ: Do You Have to Go to Court for a DUI in Colorado?
Is going to court required for a first DUI offense?
Yes. Even first-time DUI charges require at least one court appearance.
Can I avoid court by pleading guilty ahead of time?
No. Pleading guilty still happens in court — either in person or through legal representation.
What if I live out of state?
You may still be required to appear in Colorado court. In some cases, your attorney can appear for routine hearings, but check with the court.
What happens if I don’t show up to court?
A bench warrant may be issued for your arrest, and you could face additional penalties.
Can a lawyer go to court for me?
In some situations, yes — particularly for routine or administrative hearings. But you may need to attend personally for plea deals, trials, or sentencing.
Is court the same as the DMV hearing?
No. The DMV hearing is a separate process that determines whether your license will be suspended.
How many court appearances are typical in a DUI case?
Most cases involve 2–4 court dates, depending on whether the case is resolved early or goes to trial.
Conclusion
If you’re facing DUI charges in Colorado, going to court is not optional — it’s a required part of the legal process. Whether it’s your first offense or a repeat case, every DUI charge is handled through the criminal court system. Court appearances begin with arraignment and may include multiple steps depending on how the case unfolds.
Understanding your obligations — and the consequences of missing a court date — is critical. While a lawyer may be able to attend some hearings on your behalf, your presence is still likely required at key stages.
To learn more about how the DUI court process fits into the larger legal system in Colorado, check out our full guide on The DUI Process From Traffic Stop to Court. For broader insight into every step of the case, visit our detailed DUI Process And Timeline resource.