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Missing a DUI court date in Colorado is a serious matter that can quickly escalate your legal situation. Whether it’s your arraignment, a pretrial hearing, or sentencing, failing to appear as scheduled can lead to a bench warrant, additional charges, and harsher penalties—even if the DUI case itself hasn’t been resolved yet.
Colorado courts view failure to appear (FTA) as a violation of court orders. In many cases, missing court may result in immediate legal consequences, including arrest, suspension of your driver’s license, and loss of any bond or bail you may have posted. What might have been a manageable DUI case can suddenly become much more complex and difficult to resolve.
This post outlines what happens if you miss a DUI-related court appearance in Colorado, how the state responds, what steps you can take to fix it, and how DUI laws in Colorado compare to other states when it comes to missed appearances.
Consequences of Missing a DUI Court Date in Colorado
If you fail to show up for a scheduled court appearance related to a DUI in Colorado, the court will usually respond by issuing a bench warrant for your arrest. This means that law enforcement can arrest you at any time—during a traffic stop, at work, or even at home.
Here’s what typically happens:
- Bench Warrant Issued: As soon as the judge realizes you didn’t appear, they may issue a bench warrant. This is an order authorizing law enforcement to detain you and bring you before the court.
- Bond Forfeiture: If you posted bail or bond to be released from custody after your arrest, that money may be forfeited (non-refundable), and the court may require a higher bond amount if you’re re-arrested.
- Additional Charges: Missing court can result in a separate criminal charge for failure to appear, especially if the DUI is tied to other offenses.
- License Suspension: The Colorado DMV may be notified and can issue a driver’s license suspension for failing to appear in court.
- Loss of Legal Leverage: Courts are less likely to be lenient with someone who misses court. You may lose eligibility for plea deals, diversion programs, or reduced sentencing options.
These consequences take effect quickly, especially for DUI cases. In some counties, warrants are entered into statewide databases within 24 hours of a missed court date.
Does Colorado Treat Missed DUI Court Differently From Other States?
Colorado is relatively strict when it comes to missed court dates for DUI cases. While some states offer a brief grace period or allow for administrative rescheduling, Colorado typically acts swiftly by issuing a warrant and escalating the matter.
Key ways Colorado handles missed DUI court differently:
- No Waiting Period: Judges in Colorado may issue a warrant immediately after a missed appearance—no waiting period or second notice required.
- Tied to DMV Action: The failure to appear is often reported to the Colorado Department of Revenue, which can suspend your license automatically until the warrant is cleared.
- Court Discretion: Colorado judges have wide discretion in how to penalize a missed appearance. They can increase bail, deny future release on bond, or revoke probation terms if you were already on supervision.
By contrast, some other states may allow online rescheduling or automatically set a new date before issuing a warrant. That flexibility is limited in Colorado, especially for criminal charges like DUI.
What to Do If You Missed a DUI Court Date in Colorado
If you’ve missed a DUI court appearance in Colorado, it’s important to act quickly. The longer you wait, the more serious the consequences become.
Steps to take:
- Contact the Court Immediately: Call the clerk of court in the county where your hearing was scheduled. Ask whether a bench warrant has been issued and how to address it.
- Check for a Warrant: You may be able to confirm the existence of a warrant online or by phone, depending on the county. Be aware that you may be arrested if you show up at court without making prior arrangements.
- File a Motion to Quash the Warrant: In some cases, you can file a motion to cancel or “quash” the warrant. Courts may grant this if you missed the date due to illness, emergency, or lack of notice.
- Reschedule the Hearing: If allowed, work with the court to reschedule your missed appearance. Some counties may require this be done in person; others allow filing through an attorney.
- Prepare for Additional Penalties: Even if the warrant is canceled, the judge may still impose consequences for the missed appearance, including bond increases or probation restrictions.
- Stay in Compliance Going Forward: Show up early, meet all future deadlines, and follow any additional conditions the court imposes.
Courts are more likely to work with individuals who take proactive steps to resolve the issue rather than waiting to be arrested.
How a Missed Appearance Affects the DUI Case
Missing court doesn’t make the DUI charges go away. In fact, it can make your legal situation worse in several ways:
- Delayed Case Resolution: The case may be put on hold until you’re back in custody or appear in court voluntarily.
- Stronger Prosecution: Prosecutors may push for harsher penalties, arguing that your failure to appear shows lack of accountability.
- Loss of Plea Offers: If a plea deal was on the table, it may be withdrawn once the court issues a warrant.
- Limited Defense Options: Judges may be less willing to consider alternative sentencing, treatment programs, or probation terms if you’ve missed court.
A missed appearance creates a negative impression that can impact every part of your case—from how the judge sees you to how aggressively the prosecution moves forward.
Is It Ever Possible to Avoid a Warrant?
In some limited cases, it may be possible to avoid the issuance of a warrant if you act fast after realizing you missed court. Some courts offer a small window to resolve the matter before the judge officially enters the warrant into the system.
Situations where this might apply:
- You missed court by hours or one day
- You had a verifiable emergency, like a medical issue or family crisis
- You never received notice of the court date due to mailing errors or outdated contact information
Even in these cases, it’s critical to contact the court immediately, provide documentation, and work to reschedule the missed appearance.
In more serious cases—especially when dealing with DUI charges—most courts will still issue a warrant, but may consider your quick response when determining how to proceed.
FAQ About Missing DUI Court in Colorado
What happens if I don’t show up to DUI court?
The court may issue a bench warrant for your arrest, and you could face additional charges or penalties for failure to appear.
Will my license be suspended if I miss court?
Yes. The Colorado DMV can suspend your license if the court notifies them of your failure to appear.
Can I fix the situation without being arrested?
Possibly. You may be able to file a motion to quash the warrant and reschedule your court date, but this depends on the county and timing.
Is missing court a separate charge?
It can be. You may be charged with failure to appear, which is a separate offense and may carry fines or jail time.
Can I explain why I missed court?
Yes. If you missed court due to illness, emergency, or lack of notice, the court may consider your explanation—but a warrant may still be issued in the meantime.
What if I’m out of state or moved?
You are still responsible for appearing in court. If you moved or are out of state, the court may issue a warrant that is enforceable nationwide.
Will a warrant show up on background checks?
Yes. Active warrants and failure to appear charges may appear on criminal background checks, affecting employment and other opportunities.
Conclusion
Missing a DUI court date in Colorado isn’t just a scheduling mistake—it’s a serious issue that can lead to a bench warrant, license suspension, and additional criminal charges. Colorado courts do not take missed appearances lightly, especially for DUI cases, and the consequences can be immediate and long-lasting.
If you realize you’ve missed a DUI court date, your best move is to act fast, contact the court, and take steps to fix the situation before it escalates further. Even though DUI laws differ by state, Colorado’s approach to missed court appearances is among the more strict in the country.
For a complete breakdown of how DUI laws differ by state, visit our national guide: State By State DUI Laws.
To learn more about how court procedures and penalties vary nationwide, check out How DUI Laws Differ From State to State.