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Colorado Criminal Defense Blog

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Did you have a nice, fun holiday season? For some people, they may have had a little too much fun over the holidays and wound up with a DUI – or driving under the influence.

DUIs in Colorado are taken very seriously. They can come with some serious penalties.

When you are first arrested for a DUI, you may have no idea what to do in the minutes, days, and weeks that follow. Here is what you need to know about DUI law in Colorado and what you can do if you’ve been accused of a DUI.

DUIs in Colorado

The law is pretty clear when it comes to DUI. It is illegal in Colorado, as it is in most places, to operate a vehicle while under the influence of drugs or alcohol. The legal limit for blood alcohol content in the state is 0.08 percent, even if you seem unimpaired.

What To Do Immediately After Arrest

If you are arrested on suspicion of a DUI, then there are some things you should do immediately, such as:

Comply with Law Enforcement

You should make sure to comply with the police when you are under the influence. If they request simple information from you, such as your name and address, or ask to see your driver’s license, simply do as they say.

You can comply with their requests and not incriminate yourself. If they try to probe further beyond the basics, then you can remain silent and still be compliant after you’ve been read your Miranda Rights.

Take the Breathalyzer

This goes along the same lines as complying with the police. Even if you know you’ll fail a breath test, you should still do it.

Follow Instructions

If you are given a field sobriety test, make sure to follow the instructions given to you by the police as best you can.

What To Do Later When Charged with a DUI

After being charged with a DUI, which likely led to your arrest, there are several important steps to take. You should:

Hire an Attorney

An experienced attorney working for you is one of the best things you can do to support your situation. They can help you understand the charges and get copies of the police reports for your case. Their experience can be used to analyze the circumstances surrounding your case and help you to form the best defense.

Ask For a DMV Hearing

In most cases, those arrested for a DUI will have their driver’s license taken away by the police at the scene. You have to contact the Department of Motor Vehicles in your area within seven days of the arrest to request a hearing. Once you’ve done this, you will be issued a temporary permit for driving that will be good for 60 days or until the hearing takes place, whichever is first.

What To Do Later When Charged with a DUI

Record the Events

You may not recall facts perfectly, but one of the best things you can do to help yourself is to write out all that happened as soon as you can after the DUI. The details are often what wins or loses a DUI case. Thus, the more details you have, the better off you will be. Write down when the stop occurred, where, the information related to your breath test including a description, and any other details you can add.


About the Author:

Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019” and a “Top 100 Trial Lawyers in Colorado” for 2012-2020 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state.  Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020. Ms. Diego has also been recognized for her work in domestic violence cases.

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