Being arrested for driving under the influence (DUI) is one of the most stressful experiences a person can go through. In Colorado, the legal process begins quickly—and one of the first and most immediate concerns drivers face is the potential loss of their driver’s license.
Yes, you absolutely can lose your license after a DUI arrest in Colorado—even before a court conviction. That’s because the state has two separate systems that impose penalties on individuals accused of impaired driving: the administrative process through the Colorado Division of Motor Vehicles (DMV) and the criminal process through the court system. Either one can result in a license suspension, and they often proceed at the same time.
Understanding how these systems work, the timelines involved, and the steps you must take to protect your ability to drive is crucial if you’re facing a DUI or DWAI (Driving While Ability Impaired) charge in Colorado.
Colorado operates under what’s called the Express Consent Law. This law states that by driving on Colorado roads, you’ve automatically given consent to submit to a chemical test—typically a breath or blood test—if a law enforcement officer believes you are under the influence of alcohol or drugs.
If you refuse to take a chemical test after being lawfully arrested for DUI, the DMV can impose harsh penalties, including a longer license suspension. Even if you do submit to testing and your blood alcohol content (BAC) is over the legal limit, you still face an automatic license suspension under this law.
The administrative process kicks in almost immediately after your arrest. If your BAC is 0.08% or higher, or if you refuse testing, the arresting officer will issue you an Express Consent Affidavit. This document serves as a notice of license revocation and a temporary driving permit for 7 days. You only have that window—**7 calendar days**—to request a DMV hearing to challenge the license suspension.
Failing to request this hearing means your license will be suspended by default. This is why time is of the essence. Here’s what you could be facing in terms of license suspension:
The DMV hearing gives you a chance to contest the suspension and present evidence in your defense. While it’s separate from your criminal case, the outcome can still affect your overall situation and access to driving privileges.
In addition to the administrative penalties, you also face criminal charges that can lead to further consequences for your license. If you are convicted of DUI or DWAI in court, the judge may impose additional license restrictions or extend your suspension.
It’s also important to know that DWAI—while generally considered a less severe charge—can still affect your license, especially if you have prior offenses. DWAI involves a BAC between 0.05% and 0.079%, and while it doesn’t trigger an automatic administrative suspension on a first offense, it still results in points on your driving record. Accumulating too many points within a set period can lead to additional license consequences.
Moreover, the court may impose conditions such as:
Colorado offers some relief for drivers who are proactive about compliance. If you’ve had your license suspended due to a first-time DUI offense, you may be eligible for early reinstatement after serving a portion of your suspension—usually 30 days—if you agree to install an ignition interlock device on your vehicle.
This device requires you to submit a breath sample before starting your car and at random intervals while driving. It's designed to prevent further impaired driving while allowing you limited mobility to get to work, school, or medical appointments. The duration you must keep the interlock device varies based on your BAC level and whether you refused testing.
For example:
The process of applying for early reinstatement can be complicated, and working with a DUI defense attorney can ensure you meet the eligibility requirements and avoid mistakes that could delay your reinstatement.
If you’ve been arrested for DUI or DWAI in Colorado, one of the biggest mistakes you can make is waiting too long to take action. Many people focus solely on the court date and overlook the administrative deadlines, particularly the 7-day period to request a DMV hearing. Missing that window can lead to automatic license revocation, even if you're ultimately found not guilty in court.
Hiring an experienced DUI defense attorney early can make a huge difference. An attorney can request and represent you at the DMV hearing, gather evidence that may support your case, and work toward minimizing both your legal and license-related penalties. In some cases, it may be possible to negotiate a reduction of charges to a lesser offense like reckless driving, which carries fewer consequences for your license and criminal record.
Your driver’s license is more than just a plastic card—it’s your ability to get to work, care for your family, attend school, and live independently. Losing it, even temporarily, can cause a chain reaction of difficulties that impacts every part of your life. That’s why protecting your license after a DUI arrest should be a top priority.
At Lee E. Christian Law, we focus on defending individuals charged with DUI and DWAI in Fort Collins and throughout Northern Colorado. We understand how Colorado’s laws work and know how to fight for your right to drive. Whether it’s challenging the arrest, requesting a DMV hearing, or working toward license reinstatement, we’re here to help you move forward.
Don’t wait until it’s too late to act. If you've been arrested for DUI and want to protect your license and your future, contact Lee E. Christian Law today for a free consultation. We’re ready to stand by your side and guide you through your next steps with confidence.
