Colorado DUI Law for Non-residents

Colorado punishes persons accused of dui with both administrative and criminal penalties. For a diagram of the Colorado DUI criminal process please click here. For a diagram of the administrative process please click here . Notice that there are two parallel processes to which you must attend in order to protect your rights!

After being arrested for drunk driving in Colorado you should have received a summons which will contain the criminal charges against you. If you took a breath test and blew over a 0.1 BAC, the arresting police officer should have confiscated your out-of-state drivers license and given you a yellow "Affidavit and Notice of Revocation." This document is used by the Colorado Department of Revenue in revoking you driving privileges in Colorado. Since all but two states have agreed to honor Colorado dui driver's license revocations(Michigan and Wisconsin), a revocation here will probably mean that you won't be able to legally drive in your home state. You have seven days from the date of the Notice of Revocation to request a hearing concerning revocation of you driver's license. This notice has nothing to do with the date appearing on the criminal summons- it applies only to the administrative revocation of your right to drive!

I am often able to prevent a license revocation at this hearing - it is therefore important that a timely request is made for a hearing. If no hearing is requested within seven days the license revocation goes into effect automatically and usually cannot be rescinded. For this reason the first thing that I attend to when representing a client is to request a hearing.

If you took a blood test, and the result comes back over 0.1 BAC you will receive a Notice of Revocation in the mail at the address on your license. You may give an in-state address to the police where the notice can be sent. Upon receiving a Notice of Revocation in the mail you should make immediate arrangements for a hearing as mentioned above by the date in the notice. Colorado law allows me to request a hearing for you under these circumstances but I must turn in your out-of-state driver's license at the time of the request.

If you were charged with a dui or dwai while visiting Colorado, but did not go to court, Colorado will place a hold on your license on the National Drivers Registry. This hold will prevent your from renewing or obtaining a new drivers' license in most states. In addition, a warrant for your arrest will be issued which could cause you to be arrested and held in your home state until the authorities in Colorado decide whether or not you should be extradited. Similarly, if you pled guilty to or were convicted of a dui or dwai in Colorado but failed to complete your probation, Colorado will place a hold on your driving privilege which may require you to return to face charges of a probation violation.

Depending on which judge you've drawn to hear your case, I can often handle the entire case without you having to return to Colorado. If you must return to Colorado, you probably won't have to travel here until the end of the case - either for trial or to enter into a plea bargain. Probation may be waived, i.e., community service and alcohol education for persons who reside out of state under Colorado Revised Statute 42-4-1301(10)(f). If you must do jail time because of prior offenses or because of a high alcohol level ( 0.2 BAC or higher) I am often successful in getting the courts to agree to electronic home monitoring in your home state.(See mandatory jail requirements for prior offenses.)