What to Expect on a First DUI in Colorado

Being arrested for a DUI (Driving Under the Influence) in Colorado for the first time can be an overwhelming and frightening experience. Many first-time offenders have never been in trouble with the law before and are unsure of what to expect. Understanding the legal process, the potential penalties, and your rights can help you navigate the situation more confidently and make informed decisions about your defense.

This article will walk you through what happens after a first DUI arrest in Colorado and what you can expect from both the criminal court system and the Department of Motor Vehicles (DMV).

1. The Initial DUI Arrest

A first DUI typically begins with a traffic stop. An officer may pull you over for swerving, speeding, or another traffic violation. If the officer suspects you are impaired, they will likely ask you to perform roadside sobriety tests and may request a chemical test (breath or blood) to measure your blood alcohol content (BAC).

Under Colorado’s express consent law (C.R.S. § 42-4-1301.1), if you drive a motor vehicle in the state, you are deemed to have consented to chemical testing if you are arrested for DUI. Refusing a chemical test can result in an automatic one-year driver’s license suspension, even if you are never convicted in court.

2. Two Separate Proceedings: DMV and Criminal Court

After a DUI arrest in Colorado, you will face two separate proceedings:

A. DMV Administrative Hearing (License Revocation)

• Timeline: You have only 7 days from the date of arrest to request a DMV hearing to contest the revocation (similar to a suspension) of your driver’s license on breath and refusal cases. The threshold for a BAC here is typically .08% for adult drivers; however, minors and CDL drivers face different consequences.

• Automatic Revocation: If you don’t request the hearing in time, your license will be automatically suspended—9 months for a first offense with a BAC of 0.08% or higher.

• Interlock Device: You may be eligible for early reinstatement of your driving privileges with the installation of an ignition interlock device (IID).

B. Criminal Court Case

• Arraignment: This is your first court appearance where the charges are formally presented, and you can plead guilty or not guilty.

• Pre-trial Motions & Hearings: Your attorney may challenge the legality of the traffic stop or the accuracy of the chemical tests.

• Trial or Plea: Most first-time DUI cases resolve with a plea bargain, though you have the right to a jury trial.

3. Penalties for a First DUI Conviction in Colorado

A first DUI in Colorado is classified as a traffic misdemeanor, but it carries mandatory penalties, even if no one was harmed.

Statutory Penalties (C.R.S. § 42-4-1301):

PenaltyRange for First DUI: Jail Time:5 days to 1 year (can be suspended if probation granted)

Fines: $600 to $1,000Public Service: 48 to 96 hoursLicense Suspension 9 monthsAlcohol Education/Treatment: Mandatory Level II education and therapyPoints on Driving Record:12 points (DUI), 8 points (DWAI)Ignition Interlock Device (IID)8 months-2 years (may be required for early reinstatement)

Note: If your BAC was 0.15% or higher, you may be classified as a “persistent drunk driver” (PDD) under Colorado law, even if it’s your first offense, which results in more severe consequences.

4. Probation and Conditions

Most first-time DUI offenders will be placed on probation instead of serving jail time. Jail time is mandatory if a BAC is in excess of a .20%, even on a first offense. Probation typically lasts 1–2 years and includes strict compliance with:

• Monthly reporting to a probation officer

• Completion of alcohol classes

• Abstaining from drugs and alcohol

• Random breathalyzer or urine testing

• Victim Impact Panel (MADD program)

Failure to comply with probation can result in additional penalties or even jail time.

5. Long-Term Consequences of a First DUI

A DUI conviction doesn’t just end with court fines and license suspensions. It can have lasting effects on your personal and professional life, including:

• Higher Auto Insurance Rates

• Criminal Record (DUI convictions cannot be sealed under current Colorado law)

• Difficulty Passing Background Checks for jobs or housing

• Restricted Travel (some countries deny entry to individuals with DUI records)

6. Can You Avoid a Conviction?

It’s possible to avoid a DUI conviction or reduce the charges in some cases. Your Colorado Springs DUI attorney might challenge:

• The legality of the stop or arrest

• Whether the officer had probable cause

• Calibration or maintenance issues with the breathalyzer

• Whether the blood draw was done properly

In certain cases, a DUI charge may be reduced to “DWAI” (Driving While Ability Impaired), which carries slightly lower penalties and does not result in a full license revocation.

7. Do You Need a Lawyer for a First DUI?

It is always a good idea to have a Colorado DUI lawyer representing your interests. While some people consider representing themselves in a first-time DUI case, the risks of doing so are high. An experienced DUI defense lawyer can:

• Evaluate the strength of the evidence

• Identify legal and procedural defenses

• Negotiate with prosecutors for a reduced charge

• Help you obtain early reinstatement of your license

• Guide you through treatment and compliance to satisfy the court

Conclusion

A first DUI in Colorado Springs (or anywhere) is serious, but it does not have to define your future. With the right legal representation, many first-time offenders are able to move past the incident while minimizing the long-term damage. The key is to act quickly—especially within the 7-day window to request your DMV hearing (refusals and breath test cases)—and to seek guidance from a knowledgeable DUI attorney who understands Colorado law.

If you’ve been charged with DUI in Colorado, don’t wait. Protect your license, your record, and your future by consulting an attorney as soon as possible.