Most people arrested for DUI in Colorado focus on the criminal case: the court date, the possible jail time, the fines. That's understandable. But the most urgent deadline usually has nothing to do with court. It's the deadline to save your driver's license, and in most cases it's only 7 days.
Two cases, not one
A Colorado DUI arrest usually starts two separate cases:
- The criminal case in court, which decides whether you're guilty of DUI or DWAI and what the sentence will be. For arrests in Black Hawk, Central City, and the rest of Gilpin County, that's usually the Gilpin Combined Court.
- The administrative case with the Colorado Division of Motor Vehicles, which decides whether your license will be revoked. This case runs under Colorado's express consent law.
The two cases run on separate tracks. You can win one and lose the other, and the DMV case moves much faster.
How the 7-day deadline works
If you took a breath test that showed a blood alcohol content of 0.08 or higher, or if you refused testing, the officer usually takes your license and gives you a notice of revocation. That notice generally serves as a temporary permit to drive for a short time.
From the date of that notice, you typically have 7 days to request a hearing with the DMV's Hearings Division. If you request it in time, the revocation is generally put on hold until the hearing, and you can keep driving in the meantime. If you don't, the revocation usually takes effect automatically. There's no hearing and no chance to challenge it.
If you took a blood test, you may not get a revocation notice at the scene, because the results take time. The notice may come later in the mail, and the deadline runs from that notice. Don't wait for the letter to start thinking about this. Talk to a lawyer as soon as possible after the arrest.
What's at stake
Revocation periods depend on your age, your record, and whether you tested or refused. For a typical adult driver:
- First offense with a BAC of 0.08 or higher: a 9-month revocation
- First refusal: a 1-year revocation, with longer periods for repeat refusals
- Drivers under 21: revocation can follow from a much lower BAC
Many drivers can get early reinstatement by installing an ignition interlock device, but eligibility and timing vary. The rules for people who refused testing are stricter.
Why the hearing matters even if you might lose
Requesting a hearing is about more than delaying the revocation. At an express consent hearing, the State has to show it followed the rules, and your lawyer can challenge that. Issues often include:
- Whether the officer had a lawful reason to contact you or stop your car
- Whether there was probable cause to believe you were impaired
- Whether you were properly advised about testing
- Whether the breath or blood test was done correctly
The hearing is also often the first chance to question the arresting officer under oath, if they're required to appear, long before the criminal case reaches trial. That testimony becomes a record. If the officer's story changes later, the change can matter a great deal.
Out-of-state drivers
Many people arrested in Black Hawk and Central City don't live in Colorado. A Colorado revocation affects your privilege to drive in Colorado, and your home state may also act on it under interstate license agreements. If you're from out of state, the 7-day deadline still applies, and it's just as important. Read more about what to do if you're arrested in Black Hawk and live out of state.
The bottom line
If you or someone you know was arrested for DUI in Colorado, count the days from the revocation notice and act before the 7th day. The deadline is short, and missing it can cost you your license without a hearing.
I handle DMV express consent hearings and the criminal case together, so nothing falls through the cracks. Learn more about DUI defense in Gilpin County, or call for a free consultation today.
This article is general information about Colorado law, not legal advice about your situation. Every case turns on its own facts, and laws change. Reading this article or contacting this office does not create an attorney-client relationship.