Understand Your Rights. Solve Your Legal Problems
Getting arrested for DUI is jarring - especially in Colorado, where tight Express Consent deadlines and immediate license action can follow. Here's a practical, step‑by‑step game plan you can use right now to protect your license, case, and future.
Quick note: This article is general information, not legal advice. Every situation is different. If you’re in or around El Paso County, Colorado, call Criminal Defense Colorado Springs, P.C. to speak with a Colorado Springs DUI lawyer directly.
Time is not on your side. Early counsel can:
You must provide your license, registration, and insurance. Beyond that, you do not have to answer investigative questions like "How much did you have to drink?" A respectful "I'm invoking my right to remain silent. I'd like a lawyer." is powerful - and admissible statements you don't make can't be used against you later.
Also smart: Don't consent to vehicle searches. If officers have a warrant or another legal basis, they'll proceed without your consent. Either way, you've preserved issues your attorney can challenge.
Roadside tests (voluntary): In Colorado, roadside field sobriety tests (FSTs) and the handheld portable breath test (PBT) are generally voluntary. Politely declining these roadside screens prevents the handing over of questionable evidence.
Chemical testing (Express Consent): Once you're arrested, Colorado's Express Consent law kicks in. Refusing a post‑arrest chemical test can trigger a license revocation for up to one year and other sanctions, independent of your court case. Many drivers prefer a blood test (more forensically reviewable, and timing can matter); talk to your lawyer about what's best for you.
Colorado splits your case into two: (1) DMV (license), and (2) Criminal court (charges). Your license can be revoked even if you ultimately beat the criminal case. To fight the revocation, you must request a DMV Express Consent hearing quickly - often within 7 days of arrest or notice (especially in breath‑test or refusal cases). Miss it, and the revocation goes into effect automatically. Our team can request the hearing for you and appear on your behalf so you can keep working.
Key point: The DMV process is separate from your criminal case and has a lower standard than “beyond a reasonable doubt,” so acting fast matters.
Memories fade; evidence disappears. Right away, capture:
Your attorney will use this to challenge the stop, the arrest, and the testing process.
Ask your lawyer about steps that keep you legally driving while the case unfolds:
Because DMV rules are strict and independent of the court, planning early helps you avoid gaps in driving that can jeopardize employment.
The court and DMV run on deadlines. With your lawyer, you'll:
| Timeframe | Action | Why it matters | |
| Immediately | Call a DUI lawyer | Prevent mistakes, preserve evidence | |
| At the stop | Provide ID; assert your rights; decline roadside FST/PBT | Avoid self‑incrimination via voluntary tests | |
| Within 24–48 hrs | Write a timeline - gather receipts & witnesses | Locks in details your attorney can use | |
| Within 7 days | Request your DMV hearing | Missing it triggers revocation | |
| Before the first court date | Plan license strategy; ignition interlock where needed | Keeps you legally driving |
Colorado has two alcohol‑related charges:
Penalties and license consequences differ, and both escalate with priors. Knowing where your case falls shapes strategy.
How long do I have to request a DMV hearing after a DUI arrest?
In many cases, you have 7 days to request an Express Consent hearing - especially after a qualifying breath test result or a refusal. Act fast so you don't lose the right to contest the revocation.
Should I take roadside tests?
Roadside FSTs and the handheld PBT are generally voluntary. Many drivers decline them and instead make an informed decision about the post‑arrest chemical test required under Express Consent.
What's the difference between DUI and DWAI in Colorado?
DUI usually means ≥ 0.08% BAC; DWAI typically 0.05%–0.079%. Both carry serious consequences, but DUI penalties are harsher and escalate with repeat offenses.
Can I keep my license while my case is pending?
Often, yes - if you request the DMV hearing on time and follow through with counsel. There are also ignition‑interlock and reinstatement options if a revocation occurs.
Will refusing a chemical test help me?
Usually not. A refusal can trigger a separate license revocation (commonly up to a year for a first refusal) and can be used against you.
A Colorado DUI case moves fast. When you assert your rights, preserve evidence, and hit the DMV hearing deadline, you give your lawyer the tools to fight the stop, the test, and the charge. If you were arrested anywhere in the Pikes Peak region, we're ready to help.
Michael W. Moran is a renowned Colorado Springs criminal defense attorney specializing in DUI with 30+ years of courtroom experience. A former municipal court judge, Mike is known for strategic, trial‑ready DUI defense throughout El Paso County and beyond. He is rated "Excellent" on Avvo, recognized for DUI defense accomplishments, and is a member of the Colorado Bar Association and NACDL.
