A Denver DUI arrest sets off two parallel proceedings that both threaten your driving privileges. The criminal case decides guilt and sentencing. The DMV administrative hearing decides whether you keep your license. You have only 7 days from arrest to request the DMV hearing, or you lose the license automatically. This guide explains what really happens after you are pulled over.
The 7-day DMV deadline
This is the most overlooked step. The moment you are arrested for DUI, the clock starts. If you do not request the DMV hearing within 7 calendar days, your license is suspended without any opportunity to challenge it. A Denver DUI lawyer files this request immediately.
Defenses worth raising
- The traffic stop: Was there reasonable suspicion? An illegal stop suppresses everything that follows.
- Field sobriety tests: Were they administered correctly? Were physical, medical, or environmental factors considered?
- The breathalyzer: Calibration records, observation period (Colorado requires 20 minutes), chain of custody for blood draws.
- Miranda warnings: If post-arrest questioning occurred without warnings, statements may be suppressed.
Penalties
- First offense: Up to 1 year jail (often suspended), 9-month license suspension, $600-$1,000 fines, alcohol education, possible interlock device.
- Second offense: Mandatory minimum 10 days jail, 1-year suspension, mandatory interlock for 2 years.
- Third offense: Mandatory minimum 60 days jail, possible felony in some circumstances, 2-year suspension.
Frequently Asked Questions
How long do I have to fight the license suspension?
Just 7 days from arrest to request the DMV hearing. Move fast.
Should I refuse the breathalyzer?
Refusal triggers automatic license suspension under Colorado's express consent law. The strategy depends on circumstances and any prior offenses.
How much does a DUI lawyer cost in Denver?
Typical fees range $2,500-$7,500 depending on complexity. Consultation fees are quoted before booking; payment plans available.
Schedule a consultation
Call 1 (888) 746-5245. The 7-day clock is running.
Related: Criminal Defense Hub.