Will You Lose Your License After a First-Time DUI Arrest in Fort Collins?

What to Expect After a First DUI Arrest in Colorado

If you’ve been arrested for DUI in Fort Collins, one of your first concerns is probably your driver’s license. For most people, the ability to drive is essential for work, for family, and for everyday life. So, will you lose your license after a first-time DUI in Colorado? The short answer is: probably—but not always, and not necessarily right away. Colorado law imposes both administrative and criminal penalties for DUI. That means you can face a license suspension through the Colorado DMV, even before your case is resolved in court. 

Fortunately, there are steps you can take to fight for your driving privileges, especially if you act quickly. At Lee E. Christian Law, we help clients navigate both sides of the legal process to minimize or avoid license suspension. Here’s what you need to know.

Two Separate Proceedings: DMV vs. Criminal Court

One of the most confusing aspects of a DUI arrest is that it triggers two separate legal processes, each with its own impact on your license.

  • Administrative License Suspension: Handled by the Colorado Division of Motor Vehicles (DMV), this process starts automatically after a DUI arrest and can result in a license suspension before you ever step into a courtroom.
  • Criminal Charges: This is the formal court case where you face penalties such as fines, jail time, probation, and a separate license suspension if convicted.

You need to respond to both processes quickly to protect your ability to drive.

What Happens to Your License After a DUI Arrest?

If you are arrested for DUI and either fail or refuse a chemical test (breath or blood), the arresting officer will typically confiscate your physical license and issue a notice of revocation. That notice acts as a temporary driving permit for 7 days. During that short window, you must decide whether to request a DMV hearing to challenge the automatic suspension. If you do not act within those 7 days, your license will be suspended on the 8th day.

License Suspension Periods for a First DUI

The length of your suspension depends on whether you took or refused the chemical test:

  • Failed the test (BAC 0.08 or higher): 9-month license suspension
  • Refused the test: 1-year license suspension

Keep in mind that these are administrative penalties through the DMV — they occur independently of the criminal court outcome.

Can You Keep Driving After a First DUI?

Even if your license is suspended, you may be eligible for early reinstatement with an ignition interlock device (IID). This device requires you to blow into a breathalyzer before starting your car and at random intervals while driving. To qualify for early reinstatement after a first offense:

  • You must serve at least 30 days of the suspension (no driving at all)
  • You must install an approved IID in every vehicle you own or operate
  • You must carry SR-22 insurance (proof of financial responsibility)

If approved, you may be able to drive with the IID for the remainder of the 9-month suspension period.

What Is a DMV Hearing — and Should You Request One?

A DMV hearing is an administrative proceeding where you or your attorney can challenge the proposed license suspension. This hearing is separate from your criminal case and focuses solely on your driving privileges. At the hearing, the DMV will consider:

  • Whether the officer had probable cause to stop and arrest you
  • Whether you were properly advised of your rights
  • Whether you refused or failed the chemical test

These hearings are often difficult to win, but not impossible — especially with legal representation. Even if the suspension is upheld, the hearing gives your attorney an early look at the evidence that may help in your criminal case.

If you’re unsure whether to fight the DMV suspension, our DUI defense team can help you make the right decision based on your specific circumstances.

How the Criminal Case Affects Your License

In addition to the DMV penalties, your license can also be suspended as part of the sentence if you’re convicted in criminal court. For a first DUI conviction, the judge may impose:

  • Up to a 9-month suspension (which may overlap with the DMV suspension)
  • Mandatory alcohol education and treatment
  • Ignition interlock device requirement after reinstatement

If you already served a suspension through the DMV, that time is usually credited toward your criminal sentence — but not always. That’s why having a knowledgeable DUI lawyer matters. We work to ensure your suspensions run concurrently and not back-to-back.

What If You Were Charged with DWAI Instead?

DWAI (Driving While Ability Impaired) is a lesser offense in Colorado, charged when your BAC is between 0.05% and 0.08%. A first DWAI does not trigger an automatic license suspension through the DMV — unless you refused the chemical test. However, if you’re convicted in court, the judge may still impose other penalties, such as points on your license, fines, or probation. For many first-time offenders, negotiating a reduction from DUI to DWAI can be a strategic way to avoid harsher license penalties and long-term consequences.

How a DUI Defense Lawyer Can Help

A DUI charge is one of the most time-sensitive criminal offenses. If you wait too long to take action, you can lose your license before ever appearing in court. At Lee E. Christian Law, we:

  • Request and represent you at DMV hearings
  • Challenge the legality of the stop and arrest
  • Review chemical testing procedures for errors
  • Negotiate with prosecutors for charge reductions
  • Work to minimize or eliminate license suspensions

We understand that losing your license can affect your job, your family, and your future. That’s why we fight aggressively to protect your rights at every step of the process.

If you’ve been arrested for DUI in Fort Collins and want to avoid losing your license, contact Lee E. Christian Law right away. We’ll act quickly to preserve your driving privileges and build a strong defense to protect your record and your future.

Lee Christian Law
Helping clients in FORT COLLINS and throughout Northern Colorado.
Address:
415 Mason Ct,
Fort Collins, CO 80524, USA
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