What to Do Immediately After a DUI Arrest in Colorado Springs

You just got arrested for DUI in Colorado Springs. Maybe it was at a checkpoint on Powers Boulevard, or you were pulled over leaving a bar downtown on Tejon Street. Now you’re sitting at home wondering what happens next and what you should do.

The next 24 to 72 hours are critical. The decisions you make right now will affect your case, your license, and your future. This guide walks you through exactly what to do after a DUI arrest in Colorado Springs, hour by hour.

The First 24 Hours After Your DUI Arrest

What Just Happened at the Jail:

If you are facing serious charges in addition to the DUI, you were arrested and taken to the Criminal Justice Center at 2739 East Las Vegas Street in Colorado Springs.

As long as you don’t have additional charges (only misdemeanor DUI charges), in Colorado Springs, the police will typically serve you with a summons and release you. Here’s what occurred:

Booking Process:

• Police confiscated your physical driver’s license
• You received a Notice of Express Consent Affidavit and Notice of Revocation
• This paper serves as your temporary license for 7 days
• You were photographed and fingerprinted
• You submitted to breath or blood testing (or refused)
• Released with a ticket/summons

NOTE: The 7 days for requesting a hearing only applies to Breath (.08 or greater), and refusals. It takes months for blood results to come back. You will keep your license on a blood test, at least until the results come back.

What You Have in Your Hand:

That temporary license paper is critical. It contains:

• Your arrest/charges information
• Notice of your driving privilege status (breath and refusal)
• Information about requesting a DMV hearing
• Court date for your criminal case

Do not lose this document. Take a photo of it immediately.

1. Hour 1-6: Get Home Safely and Document Everything

Arrange Safe Transportation:

Do not drive yourself home, even if you feel sober. Call:

• A family member or friend
• Uber or Lyft
• Taxi service

Write Down Everything While Memory Is Fresh:

As soon as you get home, document:

• Exact location of the stop (which street, direction, cross streets)
• Time of the stop and arrest
• What you were doing before (where you ate, what you drank, when)
• Officer’s name and badge number (on your paperwork)
• Everything the officer said and asked
• Field sobriety tests performed
• Whether you took breath or blood test
• Witnesses present
• Weather and road conditions
• Any unusual circumstances

Memory fades quickly. Document now while details are clear.

Take Care of Your Vehicle:

If your car was towed, find out where:

• Call law enforcement agency that impounded the car for info about tow lot and fees
• Ask what is needed to release your vehicle
• Call within 24 hours to avoid additional storage fees
• You’ll need someone with a valid license to retrieve it

2. Hour 6-24: Critical Deadline Approaching

The 7-Day DMV Hearing Deadline Starts Now:

This is the most critical deadline you face. You have 7 days from arrest to request a DMV hearing for breath tests and refusals. You have more time for blood tests as it takes time for the results to come back. This deadline applies if:

• You took a breath test and BAC was .08 or higher
• You refused chemical testing

Why This Matters

• If you don’t request the hearing, your license is automatically revoked
• Requesting the hearing gets you a new temporary license valid until the hearing date
• This gives you weeks or months of continued driving privileges (the hearing must be held within 60 days of request)
• Missing this deadline is one of the biggest mistakes DUI defendants make early in their case

How to Request the Hearing

You can request online at mydmv.colorado.gov or by calling Colorado DMV at 303-205-5600. However, most people hire a DUI attorney who handles this immediately. Go to the Colorado DMV website to learn more

Blood Test Cases Are Different

If you took a blood test, your license is not immediately at risk. Blood results take 3-4 months to come back. The DMV will mail you notice if results show .08 or higher. You then have 7 days from receiving that notice to request a hearing.

Days 1-3: Get Legal Help

1. Contact a Colorado Springs DUI Attorney

The sooner you contact an attorney, the stronger your defense becomes.

Why You Need an Attorney Now, Not Later:

• Preserve evidence before it disappears
• Request dash camera and body camera footage immediately
• Interview witnesses while memories are fresh
• Request DMV hearing before 7-day deadline
• Begin investigating weaknesses in the prosecution’s case
• Protect you from making statements that hurt your case

What to Look for in a DUI Attorney:

• Regular practice in Colorado Springs Municipal Court or El Paso County Court
• Specific focus on DUI defense
• Knowledge of local prosecutors and judges
• Former prosecutor experience
• Clear fee structure and payment plans
• Positive reviews from former clients

Free Consultations:

Most Colorado Springs DUI attorneys offer free consultations. Use this time to:

• Explain what happened
• Ask about possible outcomes
• Understand fees and payment options
• Determine if the attorney is right for you

2. Gather All Documents

Collect everything related to your arrest:

• Notice of Express Consent Affidavit (temporary license)
• Any tickets or summons received
• Bond paperwork
• Business card from the arresting officer
• Receipts from where you were before arrest (bar, restaurant)
• Credit card statements showing time and location

Your attorney can use all of this to build your defense.

3. Do NOT Do These Things

• Don’t Call the Prosecutor or Police Officer: Many people think they can explain their way out of charges. You cannot. Anything you say will be used against you. Let your attorney communicate.
• Don’t Post on Social Media: Do not post about your arrest, the circumstances, or your case. Prosecutors check social media. Photos of you drinking, complaints about the arrest, or discussions of the case can all be used as evidence.
• Don’t Discuss Your Case: Only talk about your case with your attorney. Don’t tell friends, coworkers, or family detailed information. They can be subpoenaed and forced to testify about what you told them. Although unlikely, its best to not share information with anyone besides your attorney about criminal charges.
• Don’t Ignore Anything: Don’t ignore court dates, DMV deadlines, or attorney calls. Ignoring things makes everything worse.

Days 3-7: Protect Your License

Request Your DMV Hearing (If You Haven’t Already)

Remember the 7-day deadline. If you hired an attorney, they can handle this. If you haven’t hired an attorney yet, request the hearing yourself immediately.

What Happens at the DMV Hearing:

• Separate from your criminal case
• Administrative hearing about your driving privileges
• Hearing officer (not a judge) decides if your license should be revoked
• Your attorney can challenge the evidence
• Held within 60 days of request

What the DMV Hearing Officer Decides: For breath test cases:

• Did the officer have reasonable grounds to believe you were DUI?
• Were you lawfully arrested?
• Was your BAC .08 or higher?
• Was the test completed within 2 hours of time of driving?

For refusal cases:

• Did the officer have reasonable grounds to believe you were DUI?
• Were you lawfully arrested?
• Did you refuse testing after being properly advised of consequences?

Can You Win a DMV Hearing?

Yes. Common winning arguments:

• Illegal traffic stop
• No probable cause for arrest
• Improper express consent advisement
• Breath test machine malfunctions
• Testing procedures violated
• Police officer didn’t appear (only if their presence is requested.)

Winning the DMV hearing means keeping your license. Losing means revocation, but you may be eligible for early reinstatement with ignition interlock.

Week 2-6: Your Criminal Case Begins

1. Your First Court Appearance

Your court date is listed on your paperwork. This is called an advisement or arraignment.

El Paso County Court

270 S Tejon St, Colorado Springs, CO 80903 Handles DUI arrests by El Paso County Sheriff or Colorado State Patrol outside city limits

What Happens at First Appearance:

• Judge reads the charges against you
• You enter a plea (guilty, not guilty, no contest)
• Bond conditions are reviewed
• Next court date is set

Your attorney will advise you to plead not guilty. This preserves all your rights and defense options. Pleading guilty or no contest at first appearance is almost never the right choice.

2. Understanding the Charges

DUI Charges:

You may be charged with:

• DUI (driving under the influence, BAC .08+)
• DUI per se (BAC .08 or higher within 2 hours of driving)
• DWAI (driving while ability impaired, BAC .05 to .079)

First Offense DUI Penalties:

• 5 days to 1 year in jail (active jail is not mandatory in many situations)
• $600 to $1,000 in fines
• 48 to 96 hours of community service
• 9-month license revocation
• Ignition interlock device
• Alcohol education and therapy
• Up to 2 years probation

These are maximum penalties. Many first-time offenders avoid jail through plea negotiations or alternative sentencing.

3. Your Defense Strategy Begins

Your attorney investigates your case:

Reviewing All Evidence:

• Police reports
• Dash camera and body camera footage
• Breath test machine calibration records
• Officer training files
• Witness statements

Common DUI Defenses:

• Illegal traffic stop (no reasonable suspicion)
• No probable cause for arrest
• Field sobriety tests improperly administered
• Medical conditions affecting tests
• Breath test machine errors
• Rising blood alcohol defense
• Mouth alcohol contamination

Your attorney looks for any weakness in the prosecution’s case. One strong defense can result in dismissed charges or reduced penalties.

What to Expect in the Coming Months

1. Timeline of a DUI Case in Colorado Springs

This a rough breakdown of a timeline in a Colorado DUI case. Every case is different, and different counties will have slightly different procedures.

• Weeks 1-8: Investigation and discovery phase
• Weeks 6-8: DMV hearing (if requested)
• Weeks 8-12: Pre-trial motions filed (if any), first appearance
• Weeks 12-16: Plea negotiations with prosecutor Months 4-6: Trial (if no plea agreement reached)

Most DUI cases resolve through plea agreements. Only 5-10% go to trial.

2. Possible Outcomes

Best Case Scenarios:

• Charges dismissed due to illegal stop or lack of evidence
• Reduced to DWAI (lesser penalties, fewer consequences)
• Deferred sentence (case dismissed after completing deferred period)

Likely Outcomes for First Offense:

Many factors determine what is “likely” in your scenario. Ex. your BAC, accident involved, other charges, other aggravating circumstances. These can impact several factors:

• Plea to DWAI, deferred sentence, and/or reduced jail time
• Alternative sentencing (in-home detention, work release)
• Probation instead of jail
• Minimal fines and costs

Worst Case Scenarios:

• Convicted at trial with maximum penalties
• Jail time served at El Paso County Jail
• Full license revocation period
• Higher fines and longer probation

Your attorney’s job is to achieve the best possible outcome based on your case’s facts. Every case will be different. In plea negotiations, there is no “one size fits all.” There are many scenarios, fact patterns, aggravators/mitigators that determine a favorable resolution in your case.

Life After DUI Arrest: Practical Matters

1. Getting to Work Without a License

Before Revocation (7-day temporary period) You can drive legally on your temporary license for 7 days. Use this time to:

• Arrange carpools
• Research bus routes (Mountain Metro Transit serves Colorado Springs)
• Talk to your employer about flexible schedules
• Consider relocating closer to work temporarily

After Revocation If your license is revoked, you cannot drive legally until you qualify for early reinstatement with ignition interlock

Early Reinstatement Option

• No waiting period for blood/breath tests
• 2 months for refusal

You can apply for reinstatement with:

• Ignition interlock device installed
• SR-22 insurance obtained
• Reinstatement fees paid ($95+)
• Proof of alcohol education enrollment

2. Dealing with Your Employer

Do You Have to Tell Your Employer? It depends:

• If you drive for work: You cannot drive without an Interlock and other reinstatement requirements
• If you have a professional license: Check reporting requirements
• If you miss work for court: You may need to explain absences
• If background checks are routine: DUI will eventually show

For CDL Holders DUI results in:

• 1-year CDL disqualification for first offense
• Lifetime disqualification for second offense
• Immediate job loss in most cases

3. Insurance Consequences

Your Insurance Company Will Find Out:

• SR-22 filing alerts them
• Conviction appears on MVR (Motor Vehicle Report)
• Renewal triggers rate review

Rate Increases:

• Expect significant rate increase
• Increases often last 3-5 years (up to Insurance company)
• Some companies drop DUI clients entirely

SR-22 Insurance:

You’ll need SR-22 (proof of financial responsibility):

• Required for license reinstatement
• Costs $25-50 filing fee
• Underlying insurance is commonly more expensive
• Required for 3 years in Colorado

4. Financial Planning

Immediate Costs

• Attorney fees: $3,000-8,000+
• Towing and storage: $200-500

Short-Term Costs

• Court fines: $600-1,000
• Court costs: $200-500
• Probation costs: $600-1200
• DMV reinstatement fees: $95
• Ignition interlock installation: $150-200
• Ignition interlock monthly: $75-100

Long-Term Costs

• Increased insurance: $3,000-5,000 annually for 3-5 years
• Alcohol education: $300-$1000+
• SR-22 filing: Varies
• Lost wages: Varies
• MADD Panel $75
• Community Service $75

Total first DUI cost: $10,000-15,000 over 3-5 years

Special Situations

1. Out-of-State Residents Arrested in Colorado Springs

If you live in another state but were arrested in Colorado Springs:

You Must Handle the Colorado Case:

• Appear for court dates or hire local attorney to appear for you
• Follow Colorado’s laws and procedures
• Cannot transfer case to your home state

Your Home State Will Find Out:

• States share conviction information, and can be viewed on an NCIC or background check.
• Your home state will impose its own license/driving penalties. Typically consistent with Colorado’s revocation.

Hire a Local Colorado Springs Attorney:

Out-of-state defendants need local counsel familiar with Colorado Springs courts who can appear on their behalf.

2. Military Members Stationed at Fort Carson

Fort Carson personnel face additional consequences:

Command Notification:

• Many commands require immediate notification
• DUI affects security clearances
• May affect promotions and assignments
• Possible GOMOR

Installation Driving Privileges:

• Fort Carson may revoke base driving privileges
• This happens regardless of criminal case outcome

Legal Assistance:

• Fort Carson JAG office provides limited assistance
• Criminal charges require civilian attorney
• Base legal office can explain military-specific consequences

3. Underage DUI (Under 21)

Lower BAC Limit:

• .02 BAC triggers underage DU
• Any consumption or possession can result in an MIP
• Express consent rules still apply
• Same criminal penalties as adult DUI

Additional Consequences:

• Mandatory substance abuse evaluation
• Possible juvenile court involvement
• Educational impacts
• Parental notification

Frequently Asked Questions

1. What should I do in the first hour after being charged with a DUI?

Arrange safe transportation home. Take photos of your temporary license paperwork. Write down everything you remember about the stop and arrest. Do not drive until you are sober. Do not post on social media. Call a DUI attorney as soon as possible.

2. How long do I have to request a DMV hearing after DUI arrest in Colorado Springs?

You have 7 days from your date of offense if you took a breath test or refused testing. For blood tests, you have 7 days from receiving DMV notice of test results. This could be 3-4 months later. Missing this deadline results in automatic license revocation.

3. Can I drive after a DUI arrest in Colorado Springs?

Yes, you can drive on your temporary license for 7 days. If you request a DMV hearing within 7 days, you’ll receive a new temporary license valid until your hearing date. This could be weeks or months of continued driving privileges.

4. Should I hire a lawyer for my first DUI in Colorado Springs?

Yes, I always recommend hiring an experienced DUI defense lawyer to protect your rights and your freedom. DUI is a criminal offense with possible jail time, fines, license revocation, and permanent criminal record.

An experienced DUI attorney can often get charges reduced or dismissed, minimize penalties, and protect your license. The cost of an attorney can be less than the long-term cost of a conviction without counsel.

5. What happens if I miss my court date for DUI?

A warrant will be issued for your arrest. You’ll face additional charges for failure to appear. Bond may be revoked. Your case becomes much more difficult to resolve favorably. Never miss court dates. If you have a conflict, your attorney can request a continuance.

6. Will I go to jail for my first DUI in Colorado Springs?

Jail time is possible but not guaranteed for first offense DUI. Many first-time offenders receive probation without active jail, in-home detention, or work release instead of jail. Plea negotiations and alternative sentencing often avoid jail time. Your attorney’s goal is to minimize or eliminate jail time.

7. How much does a DUI lawyer cost in Colorado Springs?

DUI attorneys typically charge $3,000-8,000 for first offense representation, including DMV hearing and criminal case. Complex cases or trial representation costs more. Many attorneys offer payment plans.

8. Can I refuse a breathalyzer test in Colorado?

You can refuse, but refusal triggers automatic 1-year license revocation (compared to 9 months for test failure). You’re only eligible for early reinstatement after 2 months (vs. no waiting period for test failure). Ignition interlock is required for 2 years (vs. 8 months). Police can also obtain a warrant for forced blood draw.

For detailed information, explore our guide: Can I Refuse a Breathalyzer in Colorado?

9. What is the difference between Colorado Springs Municipal Court and El Paso County Court for DUI?

Colorado Springs Municipal Court does not handle DUI cases. El Paso County Court handles all DUI in the County, unless it happened on Federal property (like a military base or post). These cases will be handled by Federal Court. Different prosecutors, judges, and procedures apply in each court.

10. How long does a DUI case take in Colorado Springs?

Most DUI cases take 4-9 months to resolve. Simple cases with plea agreements may resolve in as little as 3-4 months. Complex cases or trials can take 6-12 months. DMV hearings typically occur within 60 days of request.

11. Can a DUI be dismissed in Colorado Springs?

Yes. DUI charges can be dismissed for illegal traffic stops, lack of probable cause, improper testing procedures, breath machine malfunctions, or insufficient evidence. Prosecutors may also dismiss cases when evidence is weak or constitutional violations occurred.

12. What is a DMV hearing and do I need a lawyer for it?

A DMV hearing is an administrative proceeding separate from your criminal case. It determines whether your license should be revoked. Having an attorney significantly increases your chances of winning and keeping your license. Attorneys challenge the evidence and cross-examine officers.

Take Action Now

The hours and days after a DUI arrest are critical. The decisions you make right now affect your case outcome, your driving privileges, and your future.

Your Immediate Action Steps:

• Request your DMV hearing before the 7-day deadline
• Contact an experienced Colorado Springs DUI attorney
• Document everything about your arrest
• Follow all bond conditions
• Do not discuss your case with anyone except your attorney

Don’t Wait: Evidence disappears. Witnesses forget. Deadlines pass. The sooner you act, the stronger your defense becomes.

McDowell Firm provides experienced DUI defense in El Paso County Court and Federal Court. Attorney Joshua McDowell is a former prosecutor who knows how the other side builds DUI cases and how to defeat them.

We offer free consultations 24/7 because we know DUI arrests happen at all hours. Call us day or night to discuss your case, understand your options, and protect your rights.

Contact McDowell Firm now:

• Phone: 719-227-0022
• Free consultation
• Payment plans available

You just got arrested for DUI in Colorado Springs. What you do in the next 24 hours matters. Get experienced legal help now.

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