Serving Aurora, Denver Metro & Colorado | 15+ Years of DUI Defense
Colorado DUI Court Process
A DUI may seem simple, but they can be complicated. Understanding the process is important
Guiding You Through the DUI Court Process
At The Lawrence Law Firm, we know that being arrested for DUI in Colorado is overwhelming. Clients often ask the same questions: What happens next? Will I go to jail? Can I save my license?
The truth is that the Colorado DUI court process is complex. It involves both a criminal case in court and an administrative battle at the DMV. Each stage presents opportunities for defense, but strict deadlines mean you cannot wait to take action.
Our Aurora DUI defense team has guided hundreds of clients through this process. Below is a step-by-step breakdown of what to expect after a DUI arrest in Colorado—and how we protect your rights every step of the way.
Step 1: The DUI Arrest
The Colorado DUI court process begins with your arrest. A law enforcement officer may stop you for alleged traffic violations, erratic driving, or at a sobriety checkpoint. Once the officer suspects impairment, they will conduct field sobriety tests and, under Colorado’s express consent law, request a chemical test.
Arrest: If probable cause exists, you will be arrested.
Booking: At the station, your fingerprints and information are taken.
Release or Bond: Depending on the circumstances, you may be released on bond or held until sober.
From the moment of arrest, the decisions you make—such as whether to submit to testing or speak to officers—will affect your case.
Step 2: Express Consent and DMV Proceedings
Many clients are surprised to learn that a DUI arrest triggers two separate cases:
A criminal case in county court.
An administrative license revocation case with the DMV.
You have 7 days to request a DMV hearing after receiving an Express Consent Affidavit.
If you miss this deadline, your driver’s license is automatically revoked.
The DMV hearing is independent of your criminal case but can significantly affect your ability to drive.
At The Lawrence Law Firm, we immediately file for a hearing and represent you at the DMV to fight for your license.
Step 3: The First Court Appearance (Advisement)
Your first court appearance is called the Advisement. Here, the judge will:
Inform you of the charges.
Advise you of your constitutional rights.
Set bond conditions, if any.
Schedule your next court dates.
This is not the trial. However, it is the first formal stage of your criminal case. Having an attorney present at this hearing ensures your rights are preserved and that you do not make harmful statements.
Request a Free Consultation
If you have questions about the Colorado DUI Court Process, do not hesitate to reach out. Our DUI lawyer is happy to answer your questions.
Step 4: Pre-Trial Conferences and Negotiations
After the advisement, the Colorado DUI court process enters the pre-trial phase. This is where much of the legal work happens.
Discovery: The prosecution provides police reports, body cam footage, test results, and witness statements.
Motions: Your defense attorney may file motions to suppress evidence, challenge probable cause, or contest the legality of the stop.
Negotiations: Many DUI cases are resolved through plea bargaining. A skilled DUI attorney can sometimes reduce charges (e.g., from DUI to DWAI) or negotiate alternatives to jail, such as treatment programs.
The strength of your defense at this stage often determines whether the case goes to trial.
Step 5: Motions Hearings
If your attorney challenges the legality of the stop, arrest, or testing procedures, the court may schedule a motions hearing.
At this hearing, your lawyer can:
Cross-examine the arresting officer.
Question the reliability of breath or blood test results.
Argue that evidence should be suppressed if your constitutional rights were violated.
Winning at a motions hearing is an important part of the DUI court process. It can lead to reduced charges or even case dismissal.
Step 6: The DUI Trial
If your case cannot be resolved, the final stage of the DUI court process is trial. A trial may be before a judge (bench trial) or a jury.
At trial:
The prosecution must prove you guilty beyond a reasonable doubt.
Evidence may include officer testimony, breath or blood test results, and video footage.
Your attorney can cross-examine witnesses, present expert testimony, and highlight flaws in the state’s case.
A guilty verdict may result in sentencing, while a not guilty verdict means full acquittal.
Step 7: Sentencing
If convicted, the judge will impose penalties based on Colorado DUI laws. Sentencing depends on your BAC level, whether it’s your first offense, and whether there are aggravating factors (such as an accident or prior DUI history).
First DUI: Up to 1 year in jail, fines, probation, alcohol classes, community service, and license suspension.
Second DUI: Mandatory jail time, longer license suspension, and harsher penalties.
Felony DUI (4th offense or serious injury/death): Prison time and lifelong consequences.
Our goal at this stage of the Colorado DUI court process is always to minimize penalties, advocate for alternatives to jail, and protect your future.
Special Considerations in Colorado DUI Court
DWAI (Driving While Ability Impaired): A lower threshold than DUI (.05% BAC or higher). Still carries serious consequences.
DUID (Driving Under the Influence of Drugs): Express consent applies to marijuana and prescription drugs. Blood testing is usually mandatory.
Commercial Drivers (CDL Holders): Face stricter BAC limits and harsher career consequences.
Under 21 Drivers: Subject to “Zero Tolerance” rules at just .02% BAC.
Each case type requires tailored defense strategies.
How The Lawrence Law Firm Fights for You
We take a proactive approach to DUI court process. Here’s how we guide you through the process:
Early Intervention: We act immediately after arrest to request DMV hearings and preserve evidence.
Evidence Review: We scrutinize every detail of police reports, test results, and procedures.
Aggressive Motion Practice: We challenge unlawful stops, improper advisements, and unreliable testing methods.
Trial-Ready Defense: If your case proceeds to trial, we prepare a strong defense to attack the prosecution’s case.
Personalized Strategy: We don’t believe in cookie-cutter defenses. Every case is different, and we tailor our approach to your circumstances.
Why Legal Representation Matters in DUI Court
The DUI court process moves quickly, and prosecutors in Colorado are aggressive. Without legal representation, you risk losing your license, serving jail time, and living with a permanent criminal record.
At The Lawrence Law Firm, we ensure:
Your rights are protected at every stage.
You do not miss critical deadlines.
You have a strong advocate at the DMV and in criminal court.
You understand your options before making any decisions.
Helpful Resources for DUI Court Process:
Take Action Today
If you have been arrested for DUI in Aurora, Arapahoe County, Denver, or anywhere in the Metro Area, don’t wait. The Colorado DUI court process begins immediately, and your license may already be at risk.
Contact The Lawrence Law Firm today for a free consultation. We will explain your rights, outline your options, and build a defense strategy to protect your future.
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Areas of Practice
Service Areas
- Denver County
- Arapahoe County
- Adams County
- Douglas County
- Jefferson County
Learn More About the DUI Court Process Today
Contact Information
Address
2821 S. Parker Rd. Suite 865 Aurora, CO 80014
Contact
lain@coloradodefenders.com Ph: 720-369-4929
Hours
Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment