Arrested for DUI in Denver: what to do in the first 7 days

After a DUI arrest in Colorado, you generally have 7 days from the date on your notice of revocation to request a DMV hearing, and if you miss that window the license case is usually decided without you. That deadline is what the first week revolves around. Your first criminal court date is probably weeks away. The license case moves much faster.

Here's what each part of that first week should look like.

The night of the arrest: the papers you leave with

Most people are released the same night or the next morning, either on a summons or after posting bond. As soon as you're home, find and keep every piece of paper you were given:

• The summons and complaint, which lists the charges and your first court date.
• Any bond paperwork, including the conditions of your release.
• The Express Consent Affidavit and Notice of Revocation, if the officer gave you one.
• A breath test printout, if you took a breath test and received a copy.
• Tow or impound paperwork for your car.

The notice of revocation is the one people overlook, because it doesn't look as serious as the court paperwork. It's typically issued when a breath test result is over the legal limit or when the officer records that you refused testing, and the officer may have kept your physical license. Read it closely. It shows the date of the notice and explains when the revocation takes effect.

Day 1: write down what happened

Sleep first. Then, while your memory is fresh, write out what you remember in as much detail as you can. Include:

• Where you were before you drove, what you ate and drank, and roughly when.
• The time you were pulled over and the reason the officer gave.
• What the officer asked, what you said, and any roadside tests you were asked to do.
• What you were told about breath or blood testing, and how long it was between the stop and the test.
• Anything that could matter physically, such as an injury, a medical condition, the shoes you were wearing, or the weather and road surface.

Keep receipts from restaurants or bars and save any texts or call logs from that night. Don't post about the arrest on social media, and don't talk through the details with anyone other than a lawyer. What you write or say to friends can be found and used later.

Day 2: understand that you have two separate cases

A Colorado DUI arrest usually starts two cases that run on their own tracks.

The criminal case is the DUI charge itself, brought under C.R.S. 42-4-1301. It's filed in county court, or in some cities in municipal court, and it's handled by a prosecutor. To convict you, the prosecution has to prove the charge beyond a reasonable doubt. Penalties in this case come from the judge.

The license case is an administrative matter handled by the Colorado DMV under C.R.S. 42-2-126. It's about your driving privilege only, it's decided by a DMV hearing officer, and the standard of proof is lower than in criminal court. There's no jury.

The result in one case doesn't control the other. You can keep your license at the DMV and still face the criminal charge, or have the charge reduced in court and still lose your license administratively. That's why waiting for the court case to sort things out doesn't work. By the time you reach your first court date, the window to request a DMV hearing has usually closed.

Days 3 to 5: decide on the hearing and request it

A DMV hearing gives you a chance to challenge the revocation. It's also often the first chance to see how the officer documented the stop and the testing, and that information can matter in the criminal case too. You can read more about how the DMV express consent hearing works before you decide.

Requesting a hearing isn't the right move for everyone. Depending on your record, the test result and whether a refusal is alleged, some people are better served by a different route back to driving, such as a license restricted to a vehicle with an ignition interlock. That's a decision worth making with a lawyer who has read your paperwork, and it needs to happen early in the week so there's time to act on it.

If you're going to request the hearing, here's how to approach it:

1. Find the date on your notice.Count 7 days from it and write the deadline somewhere you'll see it. Don't assume a weekend or holiday buys you extra time.
2. Follow the instructions on the notice.The notice and the Colorado DMV explain how to submit a hearing request. Use one of those methods exactly as described.
3. Keep proof that you asked.Save the confirmation, receipt or screenshot. If there's ever a question about whether you made the deadline, that proof is what settles it.
4. Watch for your hearing date.The hearing itself is usually scheduled weeks out. Put the date on your calendar as soon as you receive it.
5. Check whether you can drive.Your notice states when the revocation takes effect. Don't drive past that point unless you've confirmed you have a valid privilege to do so, because driving while revoked creates a new charge.

Day 6: get a lawyer looking at your paperwork

If you haven't spoken with a lawyer yet, do it now, not after day 7. A lawyer can tell you whether a hearing makes sense in your situation, can make sure the request is filed correctly, and can start gathering what's needed for both cases. The DUI defense page explains how Will handles these cases from the arrest through the court process.

Have your papers in front of you when you call: the notice of revocation, the summons, bond paperwork and your written notes from day 1. Will has defended criminal cases in Colorado for 28 years, and most of his practice is DUI defense. Consultations are free, by phone or in person.

Day 7: the last day to request the hearing

If the hearing request hasn't gone in and you've decided to request one, today is the day. Once the deadline passes, the revocation generally takes effect as the notice describes, and the chance to contest it at a hearing is gone.

Missing day 7 doesn't affect your criminal case, which continues on its own schedule. It only means the license side is now about getting your driving privilege back instead of fighting the revocation. Your first court date still matters, and you should still show up for it with a lawyer.

You can reach the office through the contact page, or call or text (720) 371-3101 any time, day or night. Will usually calls back within about 10 minutes.