Colorado Express Consent Law: What Happens If You Refuse a Test

Colorado Express Consent Law: What Happens If You Refuse a Test

Last updated: October 1, 2026

Quick answer: Under Colorado's express consent law, anyone who drives in the state is treated as having agreed to a breath or blood test. The test is required when an officer has probable cause (a reasonable belief based on facts) that you drove under the influence or committed a related offense (C.R.S. 42-4-1301.1).

  • A refusal leads to a license revocation, which means the state takes away your right to drive for a set time. It lasts 1 year for a first violation, 2 years for a second and 3 years for a third or more (C.R.S. 42-2-126(3)(c)).
  • The refusal can be used as evidence at a trial for DUI (driving under the influence) or DWAI (driving while ability impaired) (C.R.S. 42-4-1301(6)(d)).
  • You have only seven days after the day you receive the notice of revocation to ask the DMV, in writing, for a hearing to review the revocation. A notice sent by mail counts as received three days after it was mailed (C.R.S. 42-2-126(6)(b), (7)(b)).

This article explains what the law says and what follows a refusal. It does not tell anyone whether to take or refuse a test. That choice has real legal consequences, and the facts of every stop are different.

What "express consent" means

Colorado's express consent law is C.R.S. 42-4-1301.1. It says anyone who drives a motor vehicle "upon the streets and highways and elsewhere throughout this state" is treated as having agreed to its testing rules.

An officer can ask you to take a breath or blood test if the officer has probable cause to believe you drove:

  • under the influence of alcohol or drugs (DUI)
  • with a blood or breath alcohol level (BAC) of 0.08 or more (DUI per se) (C.R.S. 42-4-1301(2)(a))
  • while impaired by alcohol or drugs, even to the slightest degree (DWAI)
  • under age 21, with a breath alcohol level of 0.02 to 0.05 (underage drinking and driving, or UDD) (C.R.S. 42-4-1301(2)(d)(I))

When asked, the law requires you to take the test, complete it and cooperate with it (C.R.S. 42-4-1301.1(2)(a)(I)).

Breath or blood: who chooses

If you are 21 or older, you can generally ask for a blood test. If you ask not to have blood drawn, the test will be a breath test. Drivers under 21 can also ask for a blood test, unless the suspected offense is UDD. Then the test is a breath test (C.R.S. 42-4-1301.1(2)(a)(I)). If you cannot take a breath test because of an injury or illness, or you are getting medical care where no state-certified breath test machine is available, the test will be a blood test (C.R.S. 42-4-1301.1(2)(a)(II)).

Once you choose, you cannot switch. If you choose a test and then do not take or complete it, the law treats that as a refusal (C.R.S. 42-4-1301.1(2)(a)(II)).

One exception is for "extraordinary circumstances," such as broken breath test equipment or weather delays, that may keep the chosen test from being done within two hours. Then the officer must tell you and direct you to take the other test. Switching in that case is not a refusal. Not completing the other test is a refusal (C.R.S. 42-4-1301.1(2)(a.5)).

The two-hour window

The law requires the driver to cooperate so the sample can be taken within two hours of driving (C.R.S. 42-4-1301.1(2)(a)(III)). When drugs may be involved, an officer with probable cause of DUI or DWAI can also require tests of blood, saliva and urine. The driver must also cooperate so those samples can be taken within two hours of driving (C.R.S. 42-4-1301.1(2)(b)).

The roadside breath test is different

During a stop, an officer who reasonably suspects you were driving under the influence of, or impaired by, alcohol may ask you to blow into a screening device. This is called a preliminary screening test. For a driver under 21, a reasonable suspicion of any drinking is enough. Under C.R.S. 42-4-1301(6)(i), the officer must first tell you that you may refuse or agree to it. The officer can use the result to decide whether there is probable cause and whether to ask for the required test.

This roadside test does not count as the test the express consent law requires (C.R.S. 42-4-1301.1(7)). Neither its result nor a refusal of it can be used in court, except at a hearing outside the jury's presence about whether the officer had probable cause (C.R.S. 42-4-1301(6)(i)).

What counts as a refusal

Under Colorado law, a refusal means refusing to take or complete a required test, or not cooperating so it can be completed (C.R.S. 42-2-126(2)(h)). It can include:

  • saying no to a breath or blood test
  • not completing a test, or not cooperating so it can be completed
  • choosing one test and then failing to complete it
  • not signing a release or consent form required by the hospital, clinic or other person allowed to take the sample (C.R.S. 42-4-1301.1(3))

When an officer can force a blood draw without a warrant

Without a warrant, an officer generally may not physically restrain someone to get a sample. The law makes an exception when the driver will not test and the officer has probable cause to believe the driver committed one of these crimes:

  • criminally negligent homicide while operating or driving a motor vehicle
  • vehicular homicide while under the influence of, or impaired by, alcohol or drugs
  • third degree assault
  • vehicular assault while under the influence of, or impaired by, alcohol or drugs

In those cases, the officer may require a blood test (C.R.S. 42-4-1301.1(3), as changed by Senate Bill 26-072).

Senate Bill 26-072 narrowed this list for offenses on or after September 1, 2026. For offenses before that date, any criminally negligent homicide was on the list (Senate Bill 26-072).

This limit applies only to tests done without a warrant. The Colorado Supreme Court has held that it does not stop a blood draw done under a valid search warrant signed by a judge (People v. Raider, 2022 CO 40). So a refusal does not always mean no blood test will happen.

What happens after a refusal

License revocation

Under C.R.S. 42-2-126(3)(c), the DMV must revoke the license of a person who refuses for:

  • 1 year for a first violation
  • 2 years for a second violation
  • 3 years for a third or later violation

The revocation is at least three years if the person was driving a commercial vehicle carrying hazardous materials.

If you are still with the officer, the officer must serve you with a notice of revocation and take any driver's license you hold. The DMV calls this form the Express Consent Affidavit and Notice of Revocation. If the officer takes a valid license, the officer gives you a temporary permit good for seven days (C.R.S. 42-2-126(5)(b)). If the officer does not serve the notice, the DMV mails it. A mailed notice counts as received three days after mailing (C.R.S. 42-2-126(6)(b)). The revocation takes effect seven days after you receive the notice (C.R.S. 42-2-126(6)(d)).

If you are also convicted of DUI, DUI per se, DWAI or UDD from the same incident, both the refusal revocation and any license penalty from the conviction apply. The two run at the same time, and the total cannot be longer than the longer of the two (C.R.S. 42-2-126(4)(a)(III)(B)).

The license case is separate from the criminal case. The outcome of the criminal case does not change a revocation for refusal (C.R.S. 42-2-126(6)(a)).

Getting a license back early

A person revoked for refusal can apply for early reinstatement after two months of revocation. Early reinstatement means getting a license back before the revocation ends. It comes with an interlock-restricted license, which allows driving only a vehicle with an ignition interlock. An ignition interlock is a device that tests the driver's breath for alcohol before the car will start and from time to time while driving. Drivers who were under 21 at the time of the offense must wait one year (C.R.S. 42-2-132.5(4)(a)(I), (9)(a)). The person must also file proof of insurance, often called an SR-22, with the DMV (C.R.S. 42-2-132.5(4)(b)(II)). The Colorado DMV says drivers who are not Colorado residents cannot get early reinstatement in Colorado (Colorado DMV).

This rule is changing. House Bill 26-1242 was signed May 28, 2026, and takes effect June 1, 2027. For revocations on or after June 1, 2027, it removes the two-month wait. The one-year wait for drivers under 21 stays.

The "persistent drunk driver" label

Colorado law lists a refusal as one of the ways a person becomes a "persistent drunk driver" (C.R.S. 42-1-102(68.5)). That label brings added requirements, including these:

  • Level II education and treatment. The person must complete a Level II alcohol and drug education and treatment program certified by the Behavioral Health Administration in the Colorado Department of Human Services. To get driving privileges back before finishing it, the person must file proof of current enrollment with the DMV (C.R.S. 42-2-126(4)(d)(II)).
  • A longer interlock period. After reinstatement, the person must hold an interlock-restricted license for at least two years before getting any other license (C.R.S. 42-2-132.5(3)).

The refusal can be used at trial

If you later stand trial for DUI or DWAI, the refusal is admissible as evidence. That means the prosecution may use it at the trial. You cannot use the privilege against self-incrimination (the right not to be a witness against yourself) to keep it out (C.R.S. 42-4-1301(6)(d)). Our DUI page explains the court side of a DUI case.

Commercial drivers

An officer who asks a person driving a commercial vehicle to take a test must give a warning. The warning is that a refusal leads to a 24-hour out-of-service order and a one-year revocation of the privilege to drive a commercial vehicle (C.R.S. 42-4-1301.1(4)). An out-of-service order bars the driver from driving a commercial vehicle for that time. If you hold a commercial driver's license (CDL), a refusal can lead to revocation of your commercial driving privilege even if you were driving your own car. The length comes from federal rules that Colorado law adopts. It can be longer than the one year in the warning, for example if the commercial vehicle was carrying hazardous materials, and it can be for life after a second offense (C.R.S. 42-2-126(3)(d), which applies 49 CFR 383.51). See our commercial driver DUI page.

The 7-day deadline to challenge the revocation

You must ask for a hearing in writing within seven days after the day you receive the notice of revocation. The Colorado DMV counts these as calendar days, not business days, so weekends count (Colorado DMV). If an officer served you, that is the day you got the notice. If the DMV mailed it, you are treated as receiving it three days after it was mailed. If the DMV does not receive your written request within the seven days, you lose the right to a hearing, and the revocation becomes final (C.R.S. 42-2-126(6)(b), (7)(b)).

A request on time can put the revocation on hold, but only if both of these happen:

  • the DMV receives your written request within the seven days
  • the DMV issues you a temporary permit

The DMV issues that permit when its records show you held a valid license or permit and surrendered it. The hold lasts until the hearing officer's final order. A delay that you or your lawyer cause or ask for does not keep the revocation on hold (C.R.S. 42-2-126(6)(d), (7)(d)).

The Colorado DMV says you can make the request in person at a DMV office, or in writing by mail or email to its Express Consent Unit.

A late request is granted only in two cases. One is when you did not actually receive notice of the revocation. The other is when a physical incapacity, such as being in the hospital or in jail, kept you from asking on time. The late request must include a verified statement, which is a written explanation that you swear is true. Even when a late request is granted, the revocation is not put on hold (C.R.S. 42-2-126(7)(c)).

In a refusal case, the hearing officer looks at questions such as these:

  • Did you drive, or were you in control of, a vehicle in Colorado?
  • Did the officer have probable cause to ask you to take a test?
  • Did you refuse to take a test, or to cooperate in completing one, within two hours of your driving?
  • If you challenge it, were the officer's first contact with you and your arrest lawful?

The first three questions are the ones the Colorado DMV lists for refusal cases (the two-hour rule is in C.R.S. 42-4-1301.1(2)). The fourth comes from C.R.S. 42-1-228 and C.R.S. 42-2-126(8)(h). Under those laws, once a driver raises this challenge, the evidence must show that the first contact and the arrest were valid under the Constitution and state law. If it does not, the driver is not subject to license revocation.

To learn what an express consent hearing is, see our DMV hearings page.

When to talk to a lawyer

The seven-day deadline is short, and a late request is allowed only in narrow cases. Reaching out before the deadline passes gives a lawyer time to help. A lawyer can review your paperwork, explain how the license case and the court case fit together, and help you request a hearing on time. If you are dealing with a recent arrest, our guide to what happens if you're arrested in Colorado walks through the court steps.

Frequently asked questions

Can I refuse a breathalyzer in Colorado? The roadside preliminary screening test is voluntary, and the officer must tell you that you can refuse it. The breath or blood test requested under the express consent law is different. Refusing it leads to license revocation, and the refusal can be used at a DUI or DWAI trial (C.R.S. 42-4-1301(6)(d), (6)(i); C.R.S. 42-2-126(3)(c)).

How long is my license revoked for refusing a test in Colorado? One year for a first violation, two years for a second and three years for a third or more (C.R.S. 42-2-126(3)(c)).

How long do I have to challenge a refusal revocation? Seven calendar days after the day you receive the notice of revocation. A notice sent by mail counts as received three days after it was mailed. The DMV must receive your written request within those seven days (C.R.S. 42-2-126(6)(b), (7)(b); Colorado DMV).

Can I get my license back early after a refusal? If you were 21 or older at the time of the offense, you can apply for early reinstatement with an interlock-restricted license after two months of revocation. Drivers who were under 21 must wait one year (C.R.S. 42-2-132.5(4)(a)(I)). For revocations on or after June 1, 2027, House Bill 26-1242 removes the two-month wait. Other conditions apply, including proof of insurance.

Can a refusal be used against me in court? Yes. If you stand trial for DUI or DWAI, the prosecution can use the refusal as evidence (C.R.S. 42-4-1301(6)(d)).

Talk to a Colorado criminal defense lawyer

If you refused a test, or you have questions about an express consent revocation, Criminal Law Matters offers a free consultation. Call (720) 770-7324 or contact us online. Please reach out soon, because the seven-day deadline is short.

This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship.

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What Happens If You’re Arrested in Colorado

What Happens If You’re Arrested in Colorado

Last updated: October 1, 2026

Quick answer: After an arrest in Colorado, the person is usually booked into jail and then brought before a court for a bond hearing. State law says that hearing must happen as soon as practicable, and no later than 48 hours after the person arrives at the jail, except in a few narrow situations (C.R.S. 16-4-102(2)(a), 2026 official text, Title 16). At the first court appearance, the judge explains the person's rights and the charges. If the charge falls under Colorado's criminal code (Title 18), an automatic protection order also takes effect.

An arrest moves fast, and it is hard to think clearly when it happens to you or someone you love. This guide walks through what usually happens next and links to the Colorado laws behind each step.

Step 1: Arrest and booking

After an arrest, police usually take the person to a jail or holding facility for booking. Booking generally means recording personal information, taking fingerprints and a photo, and storing the person's belongings.

A person who is arrested has the right to contact a lawyer of their choice and a family member. This must be allowed at the earliest possible time after the person arrives at the police station or jail where they are first taken. It can be done by a reasonable number of phone calls or another reasonable method (C.R.S. 16-3-402(1), 2026 official text, Title 16).

A 2025 law, House Bill 25-1049, also requires jails to let a lawyer or the lawyer's representative start private, unrecorded calls with a person in custody. These can be by phone, video or another method the jail chooses, and they are free for both sides (C.R.S. 16-3-404(1.5), 2026 official text, Title 16). Jails can still apply reasonable procedures.

Other jail calls are often recorded. A lawyer can explain what is and is not safe to talk about on those calls.

Some people are released with a summons

When police make an arrest without a warrant and the charge is a misdemeanor or petty offense (a petty offense is a minor offense below a misdemeanor), they may instead release the person with a summons to appear in court on a set date. The person signs a written promise to appear (C.R.S. 16-3-105(1)(b), (2), 2026 official text, Title 16). That option is not allowed at the scene when the case involves an act of domestic violence (C.R.S. 16-3-105(1.5)).

If police do not release the person with a summons after a warrantless arrest for a misdemeanor or petty offense, the person must be taken "without unnecessary delay" before the nearest available county or district judge. A complaint (the formal written charge) must then be filed in county court. The person gets a copy at or before the arraignment, the hearing where the person is formally told the charges and asked to enter a plea (C.R.S. 16-2-112).

Step 2: The bond hearing, within 48 hours

Colorado law sets a deadline for the first bond hearing (C.R.S. 16-4-102(2)(a), 2026 official text, Title 16). A person in custody must be brought before a court for bond setting "as soon as practicable, but no later than forty-eight hours" after arriving at a jail or holding facility. This rule applies to arrests on or after April 1, 2022, and came from House Bill 21-1280. A judge, magistrate or bond hearing officer must enter an individualized bond order, and the hearing can take place by video.

A delay is allowed only in limited cases, such as an emergency that closes the court. It is also allowed when the person refuses to attend, or cannot attend because of drug or alcohol use or a serious medical or behavioral health emergency. After an arrest for drunk or drugged driving, such as DUI or DWAI (driving while ability impaired), the person cannot attend a bond hearing until they are no longer intoxicated or under the influence of drugs. They stay in custody until they can safely attend (C.R.S. 16-4-104(4)).

There is also a separate rule for people on parole. If a person on parole is arrested for a crime of violence (a legal term for certain serious violent crimes), or for a crime involving a deadly weapon or injury to another person, bond cannot be set until at least 72 hours after the arrest (C.R.S. 16-4-101(5), 2026 official text, Title 16).

The person has the right to be represented by a lawyer at this first hearing, and the court must notify the public defender about each person in custody beforehand (C.R.S. 16-4-104(5)).

Step 3: How bond is set

Colorado starts from a presumption that people in custody are eligible for release on bond with "the appropriate and least-restrictive conditions," and any money condition must be reasonable (C.R.S. 16-4-103(4)(a)). The court must consider the person's individual situation, including their financial condition (C.R.S. 16-4-103(3)(a)). A small number of very serious charges follow separate rules that can allow a person to be held without bail (C.R.S. 16-4-101, 2026 official text, Title 16).

The judge may also consider things like the person's job, family ties, where they have lived, prior record, any past missed court dates, and any risk to witnesses or the community (C.R.S. 16-4-103(5)).

Some courts use a bond schedule, a preset list of amounts by charge. If a court uses one, it must also weigh the person's individual risk and circumstances, not only the level of the offense (C.R.S. 16-4-103(4)(b)).

The four types of bond

Under C.R.S. 16-4-104(1), the court chooses from:

  1. Personal recognizance (PR) bond. The person signs a bond for an amount the court sets but does not pay money up front.
  2. PR bond with conditions. The same, plus conditions other than money, meant to make sure the person comes to court and others stay safe.
  3. Bond with secured money conditions. The court sets a dollar amount that must be secured before release. It can be secured in one of four ways: a cash deposit of the full amount with the court, Colorado real estate with equity worth at least one and one-half times the amount, sureties (people who promise to pay if the person does not come to court) worth at least one and one-half times the amount, or a bail bonding agent. The person chooses the way, unless the court finds that a specific way is needed.
  4. Bond with secured real estate conditions. Property is pledged through a deed of trust (a document, recorded with the county, that lets the court collect from the property if the person does not follow the bond).

Paying bond

Family members often pay bond. Under C.R.S. 16-4-102(2) (2026 official text, Title 16, as updated by House Bill 25-1015):

  • Bond does not have to be paid in the arrested person's name, and a money order or cashier's check may be made out to the county holding them.
  • Jails must accept at least cash, money order or cashier's check, and must offer a way to pay online.
  • The bond processing fee can be no more than $10, and kiosk fees are not allowed. A card processing fee of up to 3.5% may apply.
  • Once bond is posted, the person must be released even if fees are unpaid, such as booking or bond processing fees. The $10 bond fee and the card fee of up to 3.5% can still be charged to the person as a debt after release, if they were not paid when bond was posted (C.R.S. 16-4-102(2)(h)(I)(A)).
  • Unless extraordinary circumstances exist, the jail must release the person within six hours. For a PR bond, the clock starts once the bond is set and the person is back at the jail. For a cash bond, it starts once the bond is set, the person is back at the jail, and the payer tells the jail they are ready to post bond. If bond is paid online, it starts when the payment is submitted.
  • Electronic monitoring can add time. If the court orders electronic monitoring (such as an ankle monitor), the jail may hold the person up to 24 hours after bond is posted so the monitor can be fitted, if the court allows it. If a judge orders monitoring to protect a specific person, orders no contact with that person, and finds the person should not be released without a monitor for public safety, these time limits do not apply (C.R.S. 16-4-102(2)(e), 2026 official text, Title 16).

Step 4: Your rights at the first appearance

At the first court appearance or the arraignment (the hearing where the person is formally told the charges and asked to enter a plea), whichever comes first, the judge must explain these points and make sure the person understands them (C.R.S. 16-7-207):

  • The person does not have to make a statement, and anything they say can be used against them.
  • The person has the right to a lawyer.
  • If the person cannot afford a lawyer, they can apply for a court-appointed one.
  • Any plea the person enters must be voluntary.
  • The person has a right to bail if the offense is bailable, and the court tells them the amount set.
  • The person has the right to a jury trial.
  • The judge explains the nature of the charges against the person.

Step 5: The automatic protection order

When someone is charged with a crime under Title 18, Colorado's main criminal code, a mandatory protection order starts when the judge advises the person at the first appearance or arraignment. It usually lasts until the case ends, which includes finishing any jail or prison sentence, probation or parole (C.R.S. 18-1-1001(1)(a), (8)(b), 2026 official text, Title 18). It bars the person from harassing, molesting, intimidating, retaliating against or tampering with any witness or victim in the case. Either side can ask the court to change or dismiss the order (C.R.S. 18-1-1001(3)(a)(I)).

At that first appearance, the judge must explain the order. The judge must also warn that breaking it can be punished as contempt of court (a penalty for disobeying a court order) and may be charged as a separate crime, the misdemeanor of violating a protection order. When it applies, the judge must also warn that the same conduct may be a felony: intimidating a witness or victim, or retaliating against one (C.R.S. 18-1-1001(2), 2026 official text, Title 18). The two crime warnings were added for offenses on or after July 1, 2025 (House Bill 25-1148).

The court can also add further orders to protect an alleged victim or witness. These can include orders to stay away from a home or other places, to have no contact, and not to have firearms or other weapons (C.R.S. 18-1-1001(3)(a)(II), 2026 official text, Title 18). Before July 1, 2025, these further orders were allowed only in domestic violence cases and in cases involving most of the crimes covered by Colorado's Victim Rights Act. For offenses on or after July 1, 2025, House Bill 25-1148 lets the court add them in any case that has this mandatory protection order, which means any case with a Title 18 charge.

Extra steps when the Victim Rights Act applies

Colorado's Victim Rights Act lists the crimes it covers. The list includes assault, menacing, stalking, sexual assault, robbery, first degree burglary, and any crime that police, the prosecutor or the court identifies as domestic violence (C.R.S. 24-4.1-302(1), 2026 official text, Title 24). In those cases, the alleged victim has added rights, including the right to:

  • Be told about the protection order and, on request, how terms can be added or changed.
  • Be told when the accused person is released from jail.
  • Be heard at a court hearing on a request to lower or change bond or bond conditions. When such a request is made, the court must set a hearing, and the prosecutor must tell the alleged victim about it.
  • Be heard if the accused person asks the court to change the no-contact part of the protection order.

(C.R.S. 24-4.1-302.5(1)(c), (1)(d), (1.6), 2026 official text, Title 24)

In domestic violence cases, the firearm rules are stricter. They apply when the court finds probable cause (enough reason to believe) that the charge includes an act of domestic violence involving the use, attempted use or threat of physical force. In that case, the judge must order the person not to have or buy any firearm or ammunition while the order lasts (C.R.S. 18-1-1001(9), 2026 official text, Title 18).

The person must also give up any firearms and ammunition they have. This is generally due within 24 hours after being served with the order, or after release if the person is in jail, not counting weekends and legal holidays. A judge can also require it before release on bond. Within seven business days after the order, the person must file a sworn statement about any firearms, and the court sets a hearing to check that the order was followed. Failing to give up firearms on time, or to file the required proof, counts as violating the order and leads to an arrest warrant (C.R.S. 18-1-1001(9)(a)-(c), (9)(e), (9)(i), 2026 official text, Title 18).

In domestic violence, stalking and certain sex offense cases, the judge must state the order's terms in court before release on bond. The person must acknowledge them in court and in writing (C.R.S. 18-1-1001(5)).

Step 6: After a DUI arrest, a separate 7-day DMV deadline

A DUI arrest can start two cases: a criminal case in court and a driver's license case with the Colorado DMV. When an officer serves a notice of revocation, for example after a breath test or a refusal, a person who wants a DMV hearing must ask for it in writing within seven days. The 7 days run from the day the person receives the notice. If the DMV does not receive the request in that time, the right to a hearing is waived (C.R.S. 42-2-126(7)(b)). Because the DMV must receive the request within the 7 days, a request sent near the end of that time may arrive too late.

A late request is accepted only in narrow cases. It must include a sworn explanation. The DMV must also find that the person did not actually get notice, or could not respond in time because of something like a hospital stay or time in jail. Even then, the revocation is not put on hold while the person waits for the hearing (C.R.S. 42-2-126(7)(c)).

After a blood test, the notice usually comes later by mail (Colorado DMV). A mailed notice is treated as received three days after it is mailed, and the 7 days run from then (C.R.S. 42-2-126(6)(b)(II)).

See our DUI page and DMV hearings page.

Step 7: Talking to a lawyer

A person can talk to a defense lawyer before the bond hearing or first appearance, not only after. A lawyer can explain the charges and the process, argue for reasonable release conditions, explain what a protection order allows, and help keep track of court dates and the DMV deadline. Read about our criminal defense services.

If you are calling for a family member, it helps to have their full legal name, date of birth, the jail where they are held, the booking number if you have it, and the charge.

Frequently asked questions

How long can I be held before seeing a judge in Colorado? A person in custody must be brought before a court for bond setting as soon as practicable, and no later than 48 hours after arriving at the jail. A delay is allowed only in limited situations, such as an emergency that closes the court or a serious medical emergency (C.R.S. 16-4-102(2)(a), 2026 official text, Title 16). A person on parole who is arrested for certain violent, weapon or injury crimes cannot have bond set until at least 72 hours after the arrest (C.R.S. 16-4-101(5), 2026 official text, Title 16).

Can a family member pay bond? Yes. Bond does not have to be paid in the arrested person's name, and a money order or cashier's check may be made out to the county holding them. Each jail must also offer a way to pay bond online (C.R.S. 16-4-102(2)(b), 2026 official text, Title 16).

What is a PR bond? A personal recognizance bond lets a person leave custody without paying money up front. The person signs a bond for an amount set by the court and agrees to follow the release conditions (C.R.S. 16-4-104(1)(a)).

Do I get a lawyer at the bond hearing? Yes. The person has the right to be represented by a lawyer at the first bond hearing, and the court must notify the public defender about each person in custody before that hearing (C.R.S. 16-4-104(5)).

When does the 7-day DMV deadline start? The 7 days run from the day the person receives the notice of revocation. A notice sent by mail is treated as received three days after it is mailed. The DMV must receive the written hearing request within those 7 days (C.R.S. 42-2-126).

Talk to a Colorado criminal defense lawyer

If you or someone you love has been arrested in Colorado, Criminal Law Matters offers a free consultation. Call (720) 770-7324 or contact us online to talk through what happens next.

This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship.

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Felony Defense Lawyer Denver Colorado

Felony Defense Lawyer Denver Colorado

Protecting your rights and freedom with unparalleled legal expertise in felony cases.Contact us today to discuss your case with a dedicated felony defense attorney.Criminal Law Matters is dedicated to providing robust legal defense for individuals facing serious...

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Criminal Defense Lawyer Colorado

Criminal Defense Lawyer Colorado

Secure your future with a seasoned Colorado criminal defense lawyer. Our dedicated team is here to fight for you, ensuring your rights are protected every step of the way.In Colorado, facing criminal charges can be daunting, but having a skilled defense lawyer by your...

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How much does a DUI Lawyer in Colorado

How much does a DUI Lawyer in Colorado

Understanding DUI Law in Colorado

 

You could face felony DUI charges in Colorado if you have at least three prior convictions for alcohol-related traffic offenses, vehicular assault, vehicular homicide, or both, anywhere in the United States or any territory under the jurisdiction of the United States.  Driving while intoxicated (DUI) is a Class 4 Felony in Colorado. How much does a DUI Lawyer in Colorado – well it depends on the case – we are one of the few places to except payments – contact for more information.

 

Worse case scenario

 

If someone is found guilty or enters a guilty plea, they might get a sentence of two to six years in the Department of Corrections, followed by three years of mandatory parole.  The minimum county jail sentence is from 90 to 180 days if probation is mandated instead of department of corrections incarceration.  There are no accessible alternatives to prison time (such as work release, education release, or in-home detention) for the minimum required 90 days.   Alternatively, if probation is given, the court may order a minimum of 120 days and a maximum of 2 years of county jail time served on work release or education release if those programs are offered in the county where the DUI occurred.

 

As mentioned above, having three prior convictions for driving under the influence of alcohol qualifies as a felony DUI in Colorado.  There are three ways to establish these convictions: 3) the DA presents an authenticated copy of the record of the prior convictions or judgments from a court of record of this state or from a court of any other stat; 1) if the DA and the person stipulate to the prior convictions; 2) the prior convictions may also be established when the DA presents to the court a copy of the person's driving records provided by the department of revenue or by a similar agency in another state that references the prior convictions;  Furthermore, if the defendant has not admitted to prior convictions or if the district attorney has asked for a chance to obtain a DMV record or court record, the court cannot proceed with an immediate sentence decision.

 

Conclusion

 

The main conclusion is that felony DUI charges are extremely serious in Colorado.  In order to defend against a felony DUI charge and deal with the complications caused by prior charges, you must hire a qualified felony DUI attorney.  This is not the kind of case that ought to ever be taken on without knowledgeable felony DUI counsel. How much does a DUI Lawyer in Colorado

 

 

Contact Criminal Law Matters to get your case handled as soon as possible. 

For more information check out our YouTube!

 

How much does a DUI Lawyer in Colorado
DUI accident lawyer Castle Pines

DUI accident lawyer Castle Pines

You could face felony DUI charges in Colorado if you have at least three prior convictions for alcohol-related traffic offenses (including DUI, DUI, DWAI), vehicular assault, vehicular homicide, or both, anywhere in the United States or any territory under the jurisdiction of the United States.  Driving while intoxicated (DUI) is a Class 4 Felony in Colorado.

 

DUI accident lawyer Castle Pines.

 

If someone is found guilty or enters a guilty plea, they might get a sentence of two to six years in the Department of Corrections, followed by three years of mandatory parole.  The minimum county jail sentence is from 90 to 180 days if probation is mandated instead of department of corrections incarceration.  There are no accessible alternatives to prison time (such as work release, education release, or in-home detention) for the minimum required 90 days.   Alternatively, if probation is given, the court may order a minimum of 120 days and a maximum of 2 years of county jail time served on work release or education release if those programs are offered in the county where the DUI occurred.

Furthermore

As mentioned above, having three prior convictions for driving under the influence of alcohol qualifies as a felony DUI in Colorado.  There are three ways to establish these convictions: 3) the DA presents an authenticated copy of the record of the prior convictions or judgments from a court of record of this state or from a court of any other stat; 1) if the DA and the person stipulate to the prior convictions; 2) the prior convictions may also be established when the DA presents to the court a copy of the person's driving records provided by the department of revenue or by a similar agency in another state that references the prior convictions;  Furthermore, if the defendant has not admitted to prior convictions or if the district attorney has asked for a chance to obtain a DMV record or court record, the court cannot proceed with an immediate sentence decision.

 

The main conclusion is that felony DUI charges are extremely serious in Colorado.  In order to defend against a felony DUI charge and deal with the complications caused by prior charges, you must hire a qualified felony DUI attorney.  This is not the kind of case that ought to ever be taken on without knowledgeable felony DUI counsel.

 

 Conclusion

William Peters, a DUI accident lawyer Castle Pines, has experience defending clients in felony DUI cases in Colorado.  Contact us as soon as possible for a free case evaluation.

 

Check out our YouTube!

 

DUI accident lawyer Castle Pines
Criminal Lawyer FREE consultation

Criminal Lawyer FREE consultation

Criminal Lawyer FREE consultation

Criminal Lawyer FREE consultation - How to Be of Use to Someone After a DUI Arrest

 

 

In America, people have been conditioned to react anxiously automatically when they see red and blue flashing lights. Even individuals who have done nothing wrong experience an increase in pulse rate, sweaty hands, and the constant worry: What if I get pulled over? because it has become a social standard. What will occur? (Criminal Lawyer FREE consultation)

Most people question whether they were driving inside the speed limit when they see police headlights coming up behind them; even if they had just seen the sign, they immediately assume they were breaking the law.

For individuals who happen to be driving next to a police car on the highway, or who are stopped for a broken taillight or for exceeding the speed limit by 5 mph, this stress is short-lived.

 

Others, however, who fail a Driving Under the Influence - breathalyzer have long-lasting stress. Instead, with a lengthy journey ahead, the tension is just getting started. judicial hearings, coordinating transportation, work demands, pressure on personal relationships, financial worry, and for others, a hazy route through remorse if someone was hurt as a result of their drunk driving.

 

 

The proper legal representation is merely one consideration.

 

The majority of folks don't know where to start after being accused of DUI or which DUI defense firm and attorney they should select. Furthermore, it's a crucial choice. Finding a lawyer with experience and who specializes in DUIs is crucial since this lawyer will serve as their confidant, advisor, and representative in the legal system.

 

Finding the best DUI attorney in Denver, Colorado is only one part of the solution for people who are facing a Colorado DUI charge or who have been implicated in a DUI crash or accident.

 

Consult one of our DUI attorneys: Anyone facing DUI charges is dealing with one of the most difficult periods of their lives.

 

After the DUI arrest, there are many things to consider. One very important practical suggestion is to assist them in narrowing the field of potential attorneys to a select few so they can concentrate on the desired outcome and discuss odds with the chosen attorneys during the initial consultations.

 

To effectively navigate the unique personal, professional, and financial obstacles of a Colorado DUI, your loved one will require special forms of assistance from their family and friends.

 

 

 

A Particular Stressor

 

The period after recent arrest may be a particularly vulnerable time. According to studies referenced in the Psychiatric Times, and there is currently a working hypothesis that getting arrested is a special stressor that increases the chance of suicide.

 

A DUI arrest may have resulted from stressful circumstances and an inability to cope, so the subsequent DUI cost, which may include a Colorado DUI Interlock device, court costs, and the cost (and time commitment) of a Colorado DUI Class, can make people feel hopeless and depressed.

 

You probably know friends and family members who are going through this now or in the future. According to a recent Value Penguin survey, 43% of Americans admit to having driven while intoxicated, with 56% of men and 29% of women. Another 45% of those surveyed admitted to having accepted a ride from a drunk driver. Police pulled over 48% of survey participants who acknowledged to drinking and driving.

 

 Call today tom speak with a DUI lawyer - Criminal Lawyer FREE consultation

 

 

DUI lawyer free consultation
First offense DUI lawyer cost

First offense DUI lawyer cost

First offense DUI lawyer cost

First offense DUI lawyer cost - Have a Genuine Conversation about a DUI arrest

 

If you or a loved one have experienced a DUI. The stress can be unreal and it may feel like a hopeless situation. Many people don’t know where to start. Always start with a Lawyer. Many ask what is the first offense DUI lawyer cost? In this blog post we want to touch on that, and how to help a loved one going threw this scary situation.

 

Approach with compassion and without bias

 

Many persons who are faced with a DUI arrest for the first time have never run into legal issues before. They are likely experiencing a degree and sort of stress that has never been experienced before, and you can almost bet that many people have given them unsolicited advice or even harsh criticism. DUI offenders probably feel as though they are being scrutinized all the time. They are kicking themselves for getting behind the wheel while inebriated and now have to explain what occurred to their bosses, coworkers, and family members. Nobody is likely to suggest something they haven't already thought about. DUIs, or other legal issues for that matter, generally result in extensive introspection because it's part of human nature.

 

Now is the moment to be fully supportive, which means you should speak less and listen more; allow them to vent without feeling the need to offer advice or attempt to make things better. Put down your phone, switch off the TV, mute the sound, and pay attention. Giving someone a present these days is so uncommon, yet it can be really effective when someone is in need.

 

Never forget that we are all just people at the end of the day. Everyone makes errors. There are many proverbs about it, but they all start with the same advice: don't pass judgment.

 

It can make all the difference in the world for those going through such difficult times to feel cared for and loved without passing judgment, which is uncommon, will be a pleasant change from their usual encounters, and can make a huge impact.

 

 

 

Encourage their lifestyle choices and refrain from drinking in their presence

 

While a drink may be enticing when someone is dealing with time-consuming and unpleasant legal concerns, it is the worst thing for someone who has been arrested for drunk driving or DUI. There is a good chance that they may be required to attend alcohol lessons, and some of them may be confronting their substance use disorders for the first time.

 

Therefore, it makes sense to advise coffee or a walk rather than inviting them out for a drink as these activities will help them decompress and digest their feelings.

 

When traditional social habits are abandoned and there is a logical separation from many of the people they know socially through drinking or drug use, their change in lifestyle may exacerbate feelings of alienation. There are various plausible explanations for this, including the need for your loved one to concentrate on making wiser choices and the need for them to keep their distance from those who engage in behaviors that can tempt them. Additionally, a natural distancing may occur if those friends refuse to modify their routines to accommodate your loved one.

 

In the weeks and months that follow a DUI arrest, people frequently struggle with melancholy and poor self-esteem/self-loathing. They might start to withdraw from social events due to transportation issues, the desire to avoid being seduced by social drinking or drug use, as well as social isolation brought on by coping with melancholy and guilt.

 

There is a good chance that your friend who was arrested for DUI will lose friends and feel lonely as a result. To assist your relationship develop and to support them through a trying period, demonstrate to them your regard for them and your willingness to see beyond rigid social norms. In other words, treat them like actual friends. Be present because your friend needs you.

 

 Speak with a DUI defense lawyer

 

Have you ever faced DUI charges in Colorado? An experienced lawyer can assess your situation and go over your choices with you. A lawyer who represents DUI clients frequently provides a free consultation with no obligation, and everything spoken in the consultation is shielded by the attorney-client privilege.

 

 

DUI lawyer free consultation