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A DUI arrest can be an overwhelming experience, especially for those unfamiliar with the legal and administrative process that follows. In Colorado, the steps that occur after a DUI arrest unfold quickly and include both legal proceedings and DMV-related consequences. Understanding what happens — and in what order — helps drivers anticipate what’s next and better grasp how the system works.
Unlike a traffic ticket that resolves with a fine, a DUI arrest in Colorado triggers a series of formal steps. These include being taken into custody, undergoing testing, receiving notices from the DMV, and appearing in court. The state uses a dual-track approach that includes both criminal and administrative actions — which means a driver may face penalties from the legal system and the Department of Revenue (which oversees driver licenses).
This blog post outlines the key stages that follow a DUI arrest in Colorado. It walks through the immediate post-arrest process, chemical testing, license consequences, court appearances, and how DUI charges are ultimately filed. This is not legal advice — simply a clear, structured explanation of how the process works from start to finish.
Immediate Actions at the Time of Arrest
After a law enforcement officer determines there is probable cause to arrest a driver for DUI in Colorado, the process begins immediately. The driver is usually:
- Placed in handcuffs and taken into custody
- Transported to a police station, sheriff’s office, or other facility
- Asked to submit to a chemical test (breath or blood)
At this point, the driver is no longer free to leave. If the arrest was based on suspected alcohol impairment, the officer will typically request a breath test. If drugs are suspected — or if the driver refuses a breath test — a blood test may be required.
Refusing chemical testing can lead to automatic license suspension under Colorado’s express consent law, even before any court case begins. Additionally, the officer will complete a detailed arrest report that will be used in later stages of the case.
Drivers may be held in custody for a period of time — often until they are sober, cooperative, or able to make arrangements to leave. In some cases, they may be released the same day with instructions to appear in court, depending on the circumstances.
Chemical Testing and Express Consent Law
Chemical testing is a key part of the DUI arrest process in Colorado. Under the state’s express consent rule, all drivers automatically agree to submit to a chemical test if lawfully arrested for suspected DUI.
Key points to know:
- Breath tests are common for alcohol-related cases
- Blood tests are used if drugs are suspected, or if breath testing is refused
- Urine tests are rare but may be used in some situations
- Refusing a test triggers automatic administrative penalties — such as license suspension for at least one year
Test results are used as evidence in both the criminal and administrative processes. If the BAC result is 0.08% or higher, a DUI charge is likely. If it’s between 0.05% and 0.08%, a DWAI (Driving While Ability Impaired) charge may be filed instead.
Test refusal does not end the case. It simply adds another layer to the process, and may even strengthen the enforcement action through additional penalties.
DMV Notification and License Suspension Process
After the DUI arrest, Colorado’s Department of Revenue is notified, and an administrative process begins that’s separate from the court case. This is known as the administrative license revocation process.
Key features include:
- The officer typically issues a Notice of Express Consent Affidavit and Notice of Revocation, which functions as a temporary license for 7 days
- The driver has 7 days to request a DMV hearing to contest the license suspension
- If no hearing is requested, the license suspension takes effect automatically
At the hearing (if requested), a hearing officer reviews evidence including:
- The officer’s report
- Test results (or refusal)
- Observations of impairment
This process is administrative, not criminal — and it operates independently of any court proceedings. Even if the driver is later found not guilty in court, the license suspension may still be enforced unless successfully challenged during the DMV hearing.
Court Process and Formal Charges
Following a DUI arrest in Colorado, the district attorney’s office reviews the arrest report and supporting documents to determine which charges to file. These charges typically fall into one of the following categories:
- DUI: BAC of 0.08% or higher, or substantial impairment
- DWAI: BAC between 0.05% and 0.08%, or some level of observed impairment
- DUI per se: BAC of 0.08% or more, regardless of visible impairment
In some cases, additional charges may be filed, such as:
- Open container violations
- Driving without insurance
- Reckless driving
- Child endangerment (if a minor is present in the vehicle)
The court process typically includes:
- Arraignment: The first court appearance, where the formal charges are read
- Pre-trial hearings: May involve plea discussions, evidence review, or motions
- Trial (if the case proceeds that far)
- Sentencing (if a plea is entered or the defendant is found guilty)
Each case follows its own timeline, but the initial arraignment usually occurs within a few weeks of the arrest.
Penalties That May Follow the Arrest
Penalties following a DUI arrest vary based on the outcome of the case, prior offenses, and the driver’s BAC level. In Colorado, penalties can be administrative (license-related), criminal (fines or jail), or both.
Common consequences include:
- Fines and court costs
- License suspension or revocation
- Jail time (especially for repeat offenses)
- Mandatory alcohol or drug education programs
- Community service
- Ignition interlock device requirement for certain drivers
For first-time offenders, Colorado may offer diversion programs or probation instead of jail time, but this depends on BAC level, cooperation during arrest, and whether there were aggravating factors.
Repeat offenders face more severe penalties, including mandatory jail time and longer license revocations.
What Happens to Your Vehicle After the Arrest?
After a DUI arrest, the vehicle involved may be:
- Towed and impounded
- Released to a sober, licensed driver on the scene
- Left at the scene (in rare cases)
If the vehicle is impounded, the driver must pay towing and storage fees before retrieving it. These costs are separate from any court fines or legal fees. In some Colorado jurisdictions, additional administrative fees or impound hearings may also apply.
The decision to tow the vehicle depends on factors such as:
- Whether another sober passenger can take over
- The location and safety of the vehicle
- Officer discretion and department policy
Vehicle release is not automatic and usually cannot occur until after the driver is released from custody and any necessary documentation is provided.
FAQ: What Happens After a DUI Arrest in Colorado?
Do I go to jail immediately after a DUI arrest in Colorado?
Typically yes, for a short period. Most DUI arrests involve being taken into custody and held until sober or released with a summons.
Is a DUI arrest the same as a conviction?
No. An arrest begins the process, but a conviction only occurs if charges are proven in court or a plea is entered.
What is the express consent law?
It means all drivers in Colorado agree to chemical testing if arrested for DUI. Refusing a test can result in license suspension.
Can I drive after being arrested for DUI?
You may receive a temporary license valid for 7 days. After that, you’ll need to request a DMV hearing or face automatic suspension.
How soon will I have to appear in court?
Usually within a few weeks. The court date is often set during or shortly after your release.
Will my insurance be affected after a DUI arrest?
Most likely, yes. A DUI arrest and any resulting conviction can significantly increase insurance premiums.
Can I get my license back after suspension?
Possibly. Depending on the case, you may qualify for a restricted license or reinstatement after completing certain steps.
Conclusion
A DUI arrest in Colorado sets off a structured legal and administrative process that includes testing, DMV actions, court appearances, and possible penalties. Understanding what happens at each stage — from the initial stop to chemical testing, license consequences, and formal charges — helps clarify the steps involved and the potential outcomes.
The process may seem complex, but it follows a predictable path. Drivers face both criminal charges and license consequences, often at the same time. Whether it’s your first offense or not, being informed about what happens after an arrest can help reduce confusion and uncertainty.
To learn more about how DUI charges are formally handled in the state, read our full How DUI Charges Are Filed and Prosecuted breakdown. You can also explore our comprehensive How DUI Laws Work guide for a full understanding of DUI enforcement in Colorado.