A DUI arrest in Denver can be life-altering, but taking swift, decisive action in the first 24 hours may significantly impact your case outcome. Your immediate response determines whether you can secure legal representation, protect your driving privileges, and build the strongest possible defense strategy. The decisions you make in these critical hours often prove more important than any factor in determining the final resolution of your case.
Immediately following a DUI arrest, it is vital to understand the necessary steps to protect your future. Shazam Kianpour & Associates has helped Denver residents navigate these complex situations for over 22 years, providing the personal attention and experienced guidance you need during this challenging time. Our firm’s Capitol Hill location offers convenient access to both downtown Denver and surrounding residential areas, allowing us to serve clients throughout the metro area effectively.
Immediate Steps to Protect Your Rights
Your first priority is to contact a criminal defense attorney who handles DUI cases in Colorado. Many people make the mistake of waiting days or weeks to seek legal counsel, but this hesitation can harm their defense options. An experienced DUI attorney can immediately begin protecting your rights and advising you on decisions that may affect your case for months or years to come.
Document everything you remember about the arrest while the details remain fresh in your memory. Write down the time of day, weather conditions, what you had eaten, any medications taken, and how you felt before driving. Note the officer’s behavior, whether field sobriety tests were administered, and any statements you made during the encounter. Include details about the location of your arrest, traffic conditions, and whether you believe the officer had valid reasons for the initial stop.
Contact trusted friends or family members who can provide emotional support and practical assistance. You may need someone to pick you up from jail, arrange for your vehicle’s release, or help manage work and family obligations while you address the legal situation. Having a support system in place allows you to focus on the legal aspects of your case without worrying about daily responsibilities.
Understanding Colorado’s Express Consent Law
Colorado’s Express Consent Law requires all drivers to submit to chemical testing when lawfully arrested for DUI. This law assumes that by driving on Colorado roads, you have given implied consent to chemical testing if arrested for suspected impaired driving. Refusing this test triggers an automatic license suspension that runs separately from any criminal penalties you might face in court.
You have seven days from the date of arrest to request a hearing with the Department of Motor Vehicles to challenge this administrative suspension. Missing this deadline means automatic license suspension, even if you eventually win your criminal case. This hearing provides an opportunity to maintain your driving privileges while your case proceeds through the court system, but you must act quickly to preserve this right.
The penalties for refusing chemical testing include a one-year license suspension for first-time offenders and longer suspensions for repeat violations. Second-time refusals result in two-year suspensions, while third refusals can lead to three-year suspensions. These administrative consequences occur regardless of whether you’re ultimately convicted of DUI in criminal court, making them particularly important to address promptly.
Protecting Your Driving Privileges
A DUI arrest poses several threats to your driving privileges, extending beyond the implications of express consent. The criminal case may result in license suspension if you’re convicted, while the administrative case through the DMV proceeds on a separate timeline with different rules and penalties.
Consider applying for a restricted license that allows you to drive to work, school, medical appointments, and alcohol treatment programs. These restricted privileges can help you maintain employment and fulfill family obligations while your case moves through the legal system. However, you must demonstrate compliance with court orders and show proof of insurance to qualify for restricted driving privileges.
Install an ignition interlock device if required by the court or DMV. While this requirement adds expense and inconvenience to your daily routine, it may allow you to continue driving legally during the suspension period. Many people find that maintaining driving privileges, even with restrictions, makes managing their personal and professional responsibilities much more manageable.
Building Your Defense Strategy
Evidence preservation becomes essential in the first 24 hours after arrest. Request that your attorney obtain the police report, dash cam footage, and any body camera recordings from the incident. This evidence reveals procedural errors or constitutional violations that might strengthen your defense. Police departments may overwrite or lose this crucial footage if not requested promptly.
Consider the circumstances surrounding your arrest and whether proper procedures were followed. Officers must have reasonable suspicion to initiate a traffic stop and probable cause to make an arrest. Any deviation from proper protocols could provide grounds for challenging evidence or dismissing charges. For example, if the officer lacked valid reasons for the initial stop, all evidence gathered afterward may be inadmissible in court.
Medical conditions, prescription medications, and even certain diets can affect breathalyzer results or field sobriety test performance. Inform your attorney about any health issues or substances that might have influenced your test results. Diabetes, acid reflux, dental work, and certain medications can create false positives on breath tests, while physical injuries or medical conditions may impair your ability to perform field sobriety tests accurately.
Common Mistakes to Avoid After a DUI Arrest
Many people inadvertently damage their defense by making statements to police, friends, or family members about their case. Anything you say can potentially be used as evidence against you, so limit discussions about your arrest to conversations with your attorney, which are protected by the attorney-client privilege.
Avoid posting on social media about your arrest or the events leading up to it. Prosecutors regularly review defendants’ social media accounts, looking for evidence that contradicts their defense claims. Photos, posts, or comments from around the time of your arrest could be taken out of context and used against you in court.
Do not attempt to represent yourself or delay hiring legal counsel to save money. DUI cases involve complex legal procedures, technical evidence, and severe consequences that require professional handling. The cost of experienced legal representation often proves far less than the long-term financial impact of a DUI conviction on your insurance rates, employment opportunities, and personal life.
Speak With the DUI Lawyers at Shazam Kianpour & Associates
Shazam Kianpour & Associates understands that DUI cases require immediate attention and personalized strategies tailored to each client’s unique circumstances. With over two decades of experience in Colorado criminal defense, we have earned recognition from the National Trial Lawyers and Super Lawyers for our commitment to client advocacy and successful case outcomes. Our close-knit team approach means your case receives attention from multiple experienced professionals who work collaboratively to achieve the best possible outcome.
Our firm’s family-like atmosphere and commitment to personal attention set us apart from larger law firms that may treat clients as case numbers rather than individuals facing life-changing situations. Our willingness to travel statewide for significant cases and teleconferencing capabilities for out-of-state violations demonstrates our dedication to serving clients wherever legal help is needed. Contact our Denver criminal defense team today to discuss your DUI case and begin building your defense immediately.