The “DUI Court Process” in Colorado – How It Works

The Colorado DUI court process generally includes an initial appearance or arraignment, pretrial conferences, evidence review, plea negotiations, and a trial if the case is not resolved. If you plead guilty or are convicted at trial, the judge imposes a sentence.

Most DUI arrests also trigger a DMV case entirely separate from the criminal case. You may request an administrative hearing, where you can contest the DMV’s revocation of your driver’s license.

What To Know: 

• First court appearance: The judge advises you of your charges and rights. Depending on the hearing, the court may address bond, appoint a lawyer if you qualify, or ask for your plea.
• Pretrial proceedings: Your lawyer reviews police reports, videos, and chemical tests, challenges improper evidence, and discusses possible resolutions with the prosecutor.
• Plea or trial: You may accept a court-approved plea agreement or require the prosecution to prove its case beyond a reasonable doubt at trial.
• Sentencing: A conviction can lead to jail, probation, fines, community service, and alcohol or drug treatment.
• Separate DMV deadline: You generally have seven days after receiving a notice of revocation to request a DMV hearing to fight for your license.¹

We tell clients to start with two questions: When is your next court date, and have you received a DMV revocation notice? Addressing both early helps protect your right to contest the charges and your ability to drive while we examine the evidence.

In this article, our Denver criminal defense lawyers explain how the Colorado DUI court process works:

• 1. DUI Arrest
• 2. DMV Case
• 3. First Appearance
• 4. Pretrial
• 5. Plea Deal
• 6. Trial
• 7. Sentencing
• Frequently Asked Questions
• Additional Resources

1. What happens after a DUI arrest?

After a Colorado DUI arrest, officers may arrange chemical testing, process your arrest, and release you with a summons or take you to jail. Your release paperwork or court order tells you when and where to appear. If you remain in custody, the court addresses your rights and release conditions at an initial appearance.

Bond conditions can include no alcohol or unauthorized drugs, testing, and other restrictions. These conditions apply while your case is pending, even though you have not been convicted.²

What tests can police request?

Under Colorado’s expressed consent law, you are required after a DUI arrest to submit to a chemical breath test or chemical blood test. (The roadside preliminary breath test administered during a DUI investigation is different from the evidentiary chemical breath test administered after an arrest.)

Note that if the police suspect you took drugs, you must take the blood test (or, in some cases, a saliva or urine test).

A refusal to take a chemical test can lead to a one-year license revocation for a first-time refusal, with longer periods for later refusals. Note that if you refuse, the police can obtain a warrant and force a blood draw. The prosecution can also introduce evidence of your refusal in the criminal case. ³

What charges could I face?

• DUI: Alcohol, drugs, or both make you substantially incapable of driving safely. A BAC below 0.08% does not automatically rule out DUI.
• DUI per se: Your blood or breath alcohol concentration is 0.08% or higher while driving or within two hours afterward.
• DWAI: Alcohol or drugs impair your ability to drive to the slightest degree. DWAI is based on impairment, not simply a particular BAC range.
• Underage drinking and driving (UDD): You are under 21 with a BAC of at least 0.02% but no more than 0.05%. A first UDD offense is a class A traffic infraction.
• Felony charges: DUI or DWAI with three or more qualifying prior convictions is a class 4 felony. Causing serious bodily injury or death while driving under the influence can lead to vehicular assault or vehicular homicide charges.⁴

Commercial drivers also face separate licensing rules. The 0.04% alcohol threshold applies when operating a commercial motor vehicle.⁵

When we review an arrest, we look beyond the BAC number. The reason for the stop, the testing procedure, your medical history, and what the video actually shows can all affect our defense and may result in a charge reduction or dismissal.

Colorado DUI Process At a Glance

Stage	What it Means for You
Arrest and release	Review your summons, bond paperwork, and any testing or DMV notices. Follow all release conditions.
DMV hearing request	Act on the revocation notice immediately. This deadline can arrive before your first court date.
Initial appearance / arraignment	The court addresses your rights and charges. At arraignment, you enter a plea.
Pretrial conferences and motions	Your lawyer examines the evidence, negotiates, and asks the judge to decide legal issues.
Resolution	The case may end through dismissal, a plea agreement, or a trial verdict.
Sentencing and compliance	If convicted, you must complete the sentence and any probation requirements. DMV reinstatement is handled separately.

2. DMV Case

In Colorado DUI cases, criminal court decides whether you committed an offense and what sentence to impose. Meanwhile, your separate DMV case concerns only whether you can drive.

If an officer serves you with an Express Consent Affidavit and Notice of Revocation, you generally must request a hearing within seven days after receiving it. With blood testing, the notice may arrive later, after the results are processed. A mailed notice is legally considered received three days after mailing; the seven-day request period runs from that deemed-receipt date. Check the deadline printed on the notice rather than waiting until you open the envelope.⁶

You can request a DMV hearing through myDMV.colorado.gov. If you hire an attorney, they can request it for you. A timely request may allow you to receive a temporary driving permit while awaiting the hearing, which could be another month or two away.

At the hearing, issues may include the legality of the stop, the grounds for testing, the test results, or whether you refused a required test. The state must prove the grounds for revocation by a preponderance of the evidence, meaning more likely than not. This is a much lower standard than proof beyond a reasonable doubt in criminal court.⁷

If you lose the hearing, your license will be revoked. A first-time administrative revocation for a BAC of 0.08% or higher generally lasts nine months. Eligible drivers may qualify for early reinstatement with an ignition interlock device.

Note that winning the DMV hearing does not dispose of the criminal DUI charges. Plus, a later conviction can cause your license to be revoked anyway.⁸

Upcoming change: HB26-1242 alters certain interlock and early-reinstatement rules beginning June 1, 2027.⁹

We treat the DMV deadline as an immediate priority. We also check whether requesting the officer’s attendance will help us question the evidence and prepare for the criminal case.

3. First Appearance

Your first court appearance in a Colorado DUI case may be an advisement or an arraignment, depending on how the case begins and the court’s procedures. An advisement explains your charges and rights. At arraignment, you enter a plea.

The usual plea choices are:

• Not guilty: You require the prosecution to prove the case. You can still consider a plea agreement later.
• Guilty: You admit the offense and give up your right to a trial on that charge.
• No contest: With the judge’s consent, you accept a conviction without contesting the charge. This still permits the court to sentence you.

Before accepting a guilty or no contest plea, the judge must make sure you understand the charge, the possible penalties, and the rights you are giving up. Sentencing does not always happen immediately; the court may set another date for an evaluation or other information.¹⁰

If you cannot afford a lawyer, ask about applying for court-appointed counsel. Do not assume hiring a private attorney excuses your attendance: You must appear unless the court permits your lawyer to appear without you or authorizes another arrangement. Missing a required appearance can result in a bench warrant and problems with your bond.¹¹

We advise clients to plead not guilty and let us try to fight for a charge reduction or dismissal. A quick resolution is not necessarily a good resolution if we do not yet know what the evidence shows.

4. Pretrial

During the pretrial phase of a Colorado DUI case, the parties exchange required evidence, attend scheduling or settlement conferences, and ask the judge to resolve legal issues. This evidence-sharing process is called discovery.

Your defense lawyer may review:

• Police reports and witness statements;
• Body-camera and dash-camera recordings;
• Breath-test records or blood-test laboratory materials;
• The timing and handling of chemical samples; and
• Evidence that contradicts the officer’s account or supports an innocent explanation.¹²

A motion to suppress asks the judge to keep unlawfully obtained evidence out of the trial. For example, your lawyer may challenge a traffic stop that lacked a lawful basis or a search that violated your rights.

Other motions can address whether particular evidence is reliable or admissible. A successful motion may weaken the prosecution’s case, but it does not automatically dismiss every charge.

Colorado’s speedy trial law generally requires trial within six months after a not guilty plea, subject to exceptions, extensions, and periods that do not count.¹³

Our approach is to compare the written report with the recordings and testing records. A report may describe poor balance, for example, while the video shows an uneven surface or the officer being told about an injury. Those details may raise a reasonable doubt as to guilt.

5. Plea Deal

In a Colorado DUI case, a plea agreement may reduce charges, dismiss other counts, or address sentencing. The prosecutor does not have to offer a particular deal, and the judge can reject the prosecution’s recommendations and impose their own sentence.¹⁴

Before accepting an offer, consider the conviction, any required jail, probation, treatment, community service, and driving consequences. Also discuss effects on employment, professional licenses, and immigration status when relevant. You can choose to reject an offer and proceed toward trial.

We evaluate plea offers alongside the strength of the defense and your practical needs. An offer that sounds favorable because it reduces one charge may still carry consequences that matter greatly to your job or family.

For example, a DUI charge may be reduced to DWAI when the prosecutor agrees that the evidence and circumstances support that resolution. But DWAI is still a criminal conviction, and a plea bargain does not automatically cancel an administrative DMV revocation.

6. Trial

At a Colorado DUI trial, the prosecution must prove every element of the charge beyond a reasonable doubt. You have the right to remain silent and do not have to prove your innocence.

A misdemeanor DUI defendant is generally entitled to a six-person jury. A felony defendant generally has a right to a 12-person jury. Jury verdicts in criminal cases must be unanimous. You can elect to instead have a bench trial, in which the judge decides the verdict.¹⁵

A trial generally includes opening statements, witness testimony and cross-examination, presentation of admissible evidence, and closing arguments. DUI evidence may include chemical tests, officer testimony, recordings, and expert testimony about testing or impairment. The possible trial results are either:

• Not guilty: You are acquitted of that charge and cannot be sentenced for it.
• Guilty: The case proceeds to sentencing on the conviction.
• No unanimous verdict: The judge may declare a mistrial. The prosecution may be able to retry the unresolved charge.¹⁶

We assess whether to recommend a jury trial or a bench trial based on the issues and evidence in the individual case. Neither option guarantees a better result, and the decision deserves more thought than assuming every judge or jury will react the same way.

7. Sentencing

After a guilty plea or guilty verdict in a Colorado DUI case, the judge imposes a sentence within the sentencing range allowed by law. The court considers the offense, prior convictions, evaluation results, and other relevant circumstances.

For a first DUI or DUI per se, the ordinary statutory penalties include:

• Five days to one year in jail;
• $600 to $1,000 in fines, plus applicable costs and surcharges;
• 48 to 96 hours of community service; and
• Up to two years of probation, if imposed, with appropriate conditions.

The judge may suspend the ordinary five-day minimum jail term in many cases. However, a BAC of 0.20% or higher triggers a different rule requiring at least ten days of imprisonment, although authorized sentencing alternatives may be available. Repeat offenses and felony cases have different, generally harsher requirements.¹⁷

Your sentence may also involve alcohol or drug education and treatment, sobriety testing, a victim impact panel, and restitution for legally recoverable losses. Violating probation can lead to additional court proceedings and jail.¹⁸

For sentencing, we help clients organize relevant information such as treatment progress, compliance with release conditions, and work or caregiving obligations. These details can help the judge evaluate lawful sentencing options as we press for the laxest sentence possible under the law.

Frequently Asked Questions

How long does a DUI case take in Colorado?

There is no single timeline for every Colorado DUI case. Scheduling, laboratory results, motions, and negotiations affect how long it takes. The speedy trial deadline generally runs six months from a not-guilty plea, but legal exceptions and continuances can change that deadline.

In general, the misdemeanor DUI cases we handle are typically resolved in three to six months.

Will I go to jail at my first DUI court appearance?

Most DUI defendants are released on bail or O.R. at their first court appearance. Custody typically becomes an issue only if there is an outstanding warrant, a release violation, or another legal basis for detention.

Can I drive while my Colorado DUI case is pending?

You may drive only if your license or temporary permit remains valid and you comply with all restrictions. In general, as long as you request a DMV hearing within the seven-day deadline, you can usually keep driving pending the results of the hearing. Then even if you lose, you can usually keep driving with an interlock-restricted license.

Does a DUI dismissal mean I keep my driver’s license?

No. Dismissal or acquittal in criminal court does not automatically overturn an expressed consent DMV revocation. These are separate proceedings with different legal standards. Likewise, winning the DMV hearing does not dismiss the criminal charges or prevent every possible licensing consequence of a later conviction.

We handle both the criminal and DMV proceedings when defending a DUI case. We find that the DMV hearing is a valuable dry run for the criminal case.

Do I have to plead guilty if my BAC was over 0.08%?

No. A BAC result of 0.08% or higher can support a DUI per se charge, but you still have the right to plead not guilty and contest the prosecution’s evidence. The state must prove the charge beyond a reasonable doubt, and legal or testing problems may affect whether the result can be used or trusted.

We review how the sample was obtained, when it was collected, and the supporting records before advising a client about a plea. The reported number is important, but it is only part of the case review.

Can my lawyer go to DUI court without me?

Sometimes, if the court permits it. Hiring a lawyer does not automatically excuse you from appearing, and requirements depend on the hearing and the court’s orders. Missing a required appearance can result in a bench warrant and jeopardize your release.

Can a first DUI be resolved without jail?

Sometimes. For an ordinary first DUI, Colorado law allows the judge to suspend the five-day minimum jail term when the statutory evaluation and treatment conditions are met. A BAC of 0.20% or higher triggers at least ten days of imprisonment, though legally authorized sentencing alternatives may be available.

We examine the applicable sentencing rules before discussing possible outcomes. Starting appropriate treatment and following court orders can support a sentencing request, but neither guarantees that the judge will suspend jail.

Additional Resources

For more information, refer to the following:

• Colorado Drunk Driving Laws – Overview from Colorado’s Office of Legislative Legal Services. Check the publication date and later changes to the law.
• The DUI Process – Colorado DMV overview of the court and administrative proceedings.
• Colorado Department of Revenue Hearings Division – Information about license hearings and hearing preparation.
• Impaired Driving – Information from the Colorado Department of Transportation.
• MADD Colorado – Information about victim impact panels and impaired-driving prevention.
• Colorado AA – Alcoholics Anonymous meeting information and support resources.

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Legal References