Understanding Colorado DUI and the Express Consent Law

The criminal case is what most people picture — a judge, a prosecutor, and potential penalties like fines, classes, probation, or jail. But there is also an administrative case handled by the Division of Motor Vehicles, which can suspend your license entirely independent of what happens in court.

Critically, the DMV clock starts immediately. In most cases you have only seven days from the date of arrest to request a DMV hearing. Miss that deadline and the suspension takes effect automatically — no judge required. This is why calling a lawyer quickly is so important after a DUI.

By driving in Colorado, you have already given “express consent” to take a chemical test — breath or blood — if an officer has probable cause to believe you are driving under the influence. Refusing the test triggers its own consequences under the Express Consent law, including a longer license revocation and a designation that can require an ignition interlock.

That does not mean refusal is always the wrong choice, or that taking the test dooms your case. Both scenarios are defensible. Breath machines require careful calibration and maintenance, blood draws must follow strict protocols, and the initial traffic stop itself must be lawful. Each is a potential avenue of defense.

Colorado recognizes different levels of impaired driving. DUI generally involves being substantially incapable of safe driving, while DWAI (driving while ability impaired) is a lesser offense that can apply at lower alcohol levels. The distinction matters, because a reduction from DUI to DWAI can meaningfully change the penalties and long-term consequences.

The takeaway is simple: act fast. Request the DMV hearing within the deadline, avoid making statements about how much you had to drink, and get an attorney reviewing the stop, the testing, and the paperwork right away.

Hartwell Legal Group defends both the DMV and the criminal side of DUI cases across the Denver metro. The earlier we are involved, the more we can do to protect your license and your future.