What is the DUI Process?
Criminal Process (Court)
The criminal penalties for a DUI are created by the Legislature and enforced by the Colorado Judicial Branch – the Courts. Your DUI case will be submitted to the local district attorney’s office, which will prosecute the case. When you are arrested for a DUI, you will receive a Uniform Summons and Complaint (Summons), which starts your court process. You will be required to appear in court and enter a plea.
The court process is separate from the Administrative Process and has a different timeline. Findings in one process have no effect on the other. The court may impose fines, jail time, treatment programs, restitution, or probation if you are found guilty of DUI.
Administrative Process
If you have been arrested for a DUI, you may be confused about what will happen to your driving privileges and what will happen with court. It is important to understand that these are two separate and distinct parts of the process in the aftermath of a DUI arrest. Each part has its own timeline and requirements. To aid in understanding, No DUI Colorado has put together a website and video to help explain the process.
Administrative Process: Your driving privileges
After a DUI arrest, you have a limited amount of time to request a hearing with the Department or Revenue hearings division (this varies based on whether you chose a blood test or a breath test. If you do not request a hearing within the allotted time, your driving privilege will be revoked. How long it is revoked depends on whether or not you have had a previous DUI and what your alcohol content was for this arrest. Participation in the Interlock program, SR-22 insurance, treatment programs, and reinstatement fees may all be part of the process to regain your driving privilege. Here is the link to the DMV website describing the administrative process:
Gaining Your Driving Privileges Back
Interlock Requirements
Colorado Law will require the installation and use of ignition interlock systems for most people convicted of DUI. An ignition interlock is a device which requires the vehicle's driver to provide breath samples when the vehicle is started, and then, at random intervals while driving. The interlock will prevent the vehicle from starting if it detects alcohol in excess of a setpoint value or will work the vehicle's horn and lights to alert police if the setpoint is passed will the car is running. Persons subject to the interlock are issued a "restricted license," i.e., a license that reflects that they may only drive vehicles with an interlock installed. During the period of the restricted driving, the Colorado DMV will monitor reports from the interlock provider to determine whether the restricted driver has been "locked out" or whether circumvention has been attempted. Where three lockouts occur within any of twelve consecutive month, DMV may extend the interlock requirement. Where circumvention occurs the interlock restricted driver will have his or her license revoked and may be subject to criminal prosecution.
Colorado has contracted with the following Ignition Interlock providers: Many offer free installation.
Intoxalock®
877-611-3710
www.intoxalock.com
A LifeSafer of CO
800-475-5490
www.lifesafer.com
Smart Start, Inc.
866-348-4294
www.smartstartinc.com
Guardian
855-217-2072
www.guardianinterlock.com
Reinstating Your Driver License
What is required?
You are eligible to reinstate if you have served all the time that was required under restraint on all of your restraint actions. The department will reinstate a driving privilege if all of the reinstatement requirements are met and your driving privilege is not under restraint for any other type of action. Check out our video at the bottom to see the steps to reinstate your license.
There are special conditions that affect reinstatement requirements:
- A Blood Alcohol Content (BAC) on a chemical test of 0.15 results in a Persistent Drunk Driver designation.
- The refusal of a chemical test at a traffic stop results in a Persistent Drunk Driver designation.
- If you have multiple alcohol violations or refusals on your record, the wait time for early reinstatement with Interlock is up to two months.
Driver license reinstatement requirements can include:
- Use of Ignition Interlock Device (see above section)
- SR-22 insurance (see below)
- A payment of a reinstatement fee
- Alcohol education & therapy sessions (Enrollment into What's Next Counseling and receive an Affidavit of Enrollment.)
What is SR22?
You may be required to file an SR-22 when you reinstate from specific suspensions and/or revocations. The SR-22 requires the insurance company to notify the DMV of any policy cancellation. The SR-22 form is not an insurance policy.
If you don't keep the SR-22 current, the insurance company will notify the Motor Vehicle Division that the SR-22 is no longer in effect, but is still required. Your driver license will be suspended for that reason alone.
When you purchase liability insurance, the insurance agent can provide the SR-22 form. When the liability insurance with the SR-22 rider is purchased, the form must be filed with the Colorado Division of Motor Vehicles.
What's Next Counseling recommends using an insurance broker. We recommend using the following two companies:
Horizons Insurance 303-412-5842
Insurance Stop 303-641-7190 or 303-576-8000