Over 10,000 Criminal Cases Handled in the Denver Area

Recent Posts
Categories
Archives

Archives

RSS Feed
Subscribe To This Blog’s Feed

Colorado’s DUI and DUID process in 8 steps

Colorado’s drunk and drugged driving laws can be confusing, especially once you consider all of the possible offenses, including driving while ability impaired (DWAI), driving under the influence of alcohol (DUI), and driving under the influence of drugs (DUID). With recreational marijuana legal in Colorado, DUID cases add another layer of complexity to an already complicated area of law.

Since most people don’t have time to pore over the statutes that govern impaired driving offenses in Colorado, here’s a breakdown of the DUI and DUID process in eight steps:

  1. Getting pulled over: If you see the flashing lights of a police car behind you, pull over in a safe spot as soon as you can.
  2. Questioning: Once pulled over, the officer will likely ask what you’ve been up to and whether you’ve been drinking. Keep in mind, you have the right to remain silent and are not required to answer these questions.
  3. Roadside sobriety tests: If the officer suspects impairment, they will likely ask you to exit your vehicle and perform roadside sobriety tests. These tests are voluntary, meaning you’re generally within your rights to decline.
  4. Preliminary breath test: The officer may also ask you to submit to a preliminary breath test (PBT) on the side of the road. Like the roadside sobriety tests, this is voluntary, so you can decline.
  5. Chemical testing: If the officer believes there is probable cause to arrest you for driving under the influence of drugs or alcohol, they will ask you to submit to chemical testing of your blood or breath. This testing is not optional under Colorado’s implied consent law, and refusing carries its own penalties and can be used against you in court.
  6. License revocation: Whether you refuse chemical testing or take the test and fail, the DMV will move to revoke your license, with the length of revocation depending on the circumstances.
  7. DMV hearing: You only have a few days following a DMV license revocation notice to request a hearing to challenge the loss of your license, so acting quickly matters.
  8. Strategy development: Once released from custody, coordinate with an attorney as soon as possible to review your legal options, including whether to fight the charges in court or pursue a plea agreement.

Frequently Asked Questions About Colorado’s DUI and DUID Process

What’s the difference between DUI and DUID in Colorado?

DUI refers to driving under the influence of alcohol, while DUID refers to driving under the influence of drugs, including legally used marijuana. Colorado also recognizes DWAI, a lesser charge for driving with impaired ability below the threshold for DUI.

Can I refuse a roadside sobriety test in Colorado?

Roadside sobriety tests and preliminary breath tests are generally voluntary. Chemical testing after an arrest, by contrast, is required under Colorado’s implied consent law, and refusing it carries separate penalties.

How quickly do I need to request a DMV hearing after a license revocation notice?

Colorado gives you only a few days after a DMV revocation notice to request a hearing, so it’s important to act quickly to preserve your right to challenge the suspension.

Should I talk to an attorney before deciding whether to fight the charges?

Yes. An attorney can review the specifics of your stop, arrest, and testing to help you understand your options, whether that means contesting the charges or considering a plea agreement.

Written by

Denver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.