Author: susandeschler

A short drive home turns into red and blue lights in the mirror. Then come handcuffs. Then, a holding cell at the county jail. The questions start right away. When can I leave? What happens to my license? Will I lose my job over this?

Calling The Law Offices of Susan Deschler about your Summit County DUI can help you get answers to those questions. Clients usually contact Susan after an arrest, when the next several weeks may feel uncertain. She reviews what happened, explains each step in plain language, and represents them at the court dates that follow.

What Happens First in a DUI Case?

After a DUI arrest, two clocks start ticking at the same time. The criminal case moves through the Summit County Combined Court. That starts with a first appearance and later an arraignment. At the same time, the Colorado DMV opens its own case. That can end a driver’s license long before the criminal case reaches trial.

Both cases have real deadlines. Missing either one narrows the choices left later.

What Happens When You Get a DUI in Summit County?

Officers take an arrested driver to the Summit County Detention Facility for booking. That is the same whether the stop happened in Breckenridge, Frisco, Dillon, Silverthorne, Keystone, or along Interstate 70. The facility is located within the Summit County Justice Center at 501 North Park Avenue in Breckenridge. It is the same building that houses the court.

Booking includes fingerprints, a photo, and a breath or blood test. Colorado’s express consent law requires this test after a DUI arrest. The sample must come within two hours of driving.

What Will You Be Charged With?

The test result shapes the charges prosecutors will pursue:

• A charge of DUI per se applies when the test shows a blood alcohol content of 0.08 or higher;
• A charge of DUI applies when alcohol or drugs leave someone unable to use clear judgment, no matter what the test shows; and
• A lesser charge called DWAI (driving while ability impaired) carries lighter penalties.

These charges often overlap, but they require different proof. A defense that works for one may not answer another. After booking, a driver sometimes posts bond right away under the facility’s standard amount. Alternatively, they wait for a judge to set bond at the first court date.

How Many Days Do You Have to Request a DMV Hearing?

The case against a driver’s license does not wait for the criminal case. A driver has only seven days from the date they receive the Notice of Revocation to request a hearing with the Colorado DMV to contest it. Miss that window, and the revocation takes effect on its own.

A driver can lose their license well before the criminal case ever reaches a courtroom. Asking for the hearing on time keeps that case open. However, every license revocation is case-specific and depends on the details of the arrest, the test result, and the driver’s record.

What Happens at Your First Court Appearance?

A Summit County DUI case reaches its first court date soon after the arrest. The hearing must be held without unnecessary delay. At that hearing, the judge reads the charges to the driver. The driver is also informed of their right to stay silent and consult a lawyer. The judge also addresses the bond.

The case continues toward arraignment, where the driver enters a plea. Nothing about this first date decides the case. It only starts the court process and confirms that the driver understands the charges and rights involved.

What Penalties Follow a First-Time DUI Conviction?

A DUI Colorado first offense carries a range of penalties set by the state’s drunk driving law. A conviction brings:

• 5 days to 1 year in jail,
• A fine of $600 to $1,000, and
• 48 to 96 hours of public service.

For a driver age 21 or older with a first DUI or DUI per se, Colorado law sets a 9-month license revocation and 12 points. The start date and length of a revocation depend on the individual case. Drivers should confirm their own license status with the Colorado DMV before driving.

A blood alcohol content of 0.15 or higher at the time of the offense can also add a persistent drunk driver label. That brings extra requirements on top of the standard range.

Why Turn to Susan Deschler for a Summit County DUI?

Susan has practiced criminal and traffic law since 2003. She has held a law license for more than 25 years. Having served as a deputy district attorney in Clear Creek County, she has seen DUI cases from the prosecutor’s side of the courtroom. Susan now uses that experience to challenge DUI charges from the first phone call.

Let Susan review the arrest, outline your options, and support you through the Summit County court process. Start with a free consultation to talk through what happened.

FAQs

Will the Court Tell You Your First Appearance Date?

In most cases, the arresting officer or the jail gives the appearance date before release. If a driver posts bond without a date having been set, the Summit County Combined Court clerk’s office can confirm it. Missing this date could result in a separate warrant.

Does Refusing the Chemical Test Help Avoid a DUI Charge?

No. Refusing a breath or blood test does not stop an arrest or a DUI charge. Colorado’s express consent law treats refusal as a violation in its own right.

Can a DUI Charge Affect a Job or Professional License in Colorado?

A DUI conviction becomes part of the public record. It can show up in a background check for a job or a license board. The real impact depends on the employer, the industry, or the board involved. Each one reviews a conviction on its own terms.

Will a First DUI Case Go to Trial?

Most DUI cases end before trial, through talks with the prosecutor, motions, or a plea. Any case can still go to trial if a driver chooses that path. Susan Deschler can help you weigh each option based on the facts, evidence, and history in the case.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Express Consent for the Taking of Blood, Breath, Urine, or Saliva Sample, C.R.S. § 42-4-1301.1
• Driving Under the Influence, DWAI, DUI Per Se, and Persistent Drunk Driver Provisions, C.R.S. §§ 42-4-1301, 42-2-132.5
• Revocation Based on Administrative Determination, Hearing Request Deadline, C.R.S. § 42-2-126(7)-(8)
• Preliminary Proceedings, Colo. R. Crim. P. 5
• Penalties for Traffic Offenses Involving Alcohol and Drugs, C.R.S. § 42-4-1307
• Mandatory License Revocation After Conviction, C.R.S. § 42-2-125(1)(b.5)
• Revocation Based on Administrative Determination, First Violation, C.R.S. § 42-2-126(3)(a)(I)
• Point System Schedule, C.R.S. § 42-2-127
• Mandatory and Voluntary Restricted Licenses Following Alcohol Convictions, C.R.S. § 42-2-132.5

A DWAI conviction does not just come with immediate penalties—it stays with you. Whether this is your first arrest or part of a more extensive record, the long-term impact can affect everything from job applications to car insurance rates. You might wonder how long the charge lingers and whether there is a way to remove it from your record. However, a DWAI remains on your criminal and driving record indefinitely unless very narrow legal conditions exist.

Does a DUI Stay on Your Record Permanently?

Does a DUI stay on your record, and if so, for how long?

Unfortunately, the answer is yes; under Colorado law, a DUI conviction generally stays on both your criminal and driving record for life. Please note that we are specifying convictions. If your case gets dismissed and you never get convicted, you can get the fact that you were charged with DUI removed from your criminal record.

However, a DUI conviction can only be removed from your record in extremely rare cases—typically if the conviction was entered in error, overturned on appeal, or vacated due to a legal defect. Standard expungement or sealing laws do not apply to DUI convictions because they involve alcohol-related traffic offenses. That means, in the vast majority of cases, once the court finalizes the judgment, it becomes part of your public history and stays that way.

For many people, the real impact begins after the court case ends. Employers, landlords, and licensing agencies may conduct background checks years later. Even if the court-imposed sentence was relatively light, some consequences could materialize long after you complete your sentence.

How Long Does a DWAI Stay on Your Record in Colorado?

A driving while ability impaired (DWAI) conviction requires a lower blood alcohol content than a DUI. Much like a DUI conviction, a DWAI conviction does not expire on its own. Once entered, it stays on your record unless a court seals or overturns it—options rarely available under Colorado law. Even for first-time offenses with no injury, low BAC, or other aggravating details, the record typically remains permanent.

For driving purposes, the Department of Revenue tracks DWAI convictions and adds points to your license. Those points remain visible for seven years, but the underlying conviction stays longer. Insurance companies may consider that history for an extended period, depending on their internal policies. In short, the criminal record is permanent, and the DMV record can affect your driving status for years.

Why the Difference Between DWAI and DUI Matters

Some people assume that because DWAI charges are less serious than DUI, they carry fewer long-term consequences. That assumption can lead to costly mistakes. A DWAI still results in a criminal misdemeanor conviction and leaves a record that shows up in most background searches for life.

Courts also treat prior DWAIs as priors for future DUI sentencing. If you face a second charge down the road—even if the first was for DWAI—you may face mandatory jail and other enhancements. In this way, one DWAI conviction can follow you into any future alcohol- or drug-related driving case.

If you are eligible for specific professional licenses or certifications, that record could cause delays or disqualifications. That makes it especially important to understand the actual weight of a DWAI conviction, not just the initial sentence.

A DWAI conviction can impact your life for years—or even permanently. Get legal guidance now and take control of your situation.

Does DWAI Show Up on Background Check Reports?

If you apply for a job, housing, or government clearance, there is a strong chance your DWAI conviction will appear. Most private employers use background check services that include both court records and driving histories. A misdemeanor tied to alcohol and driving tends to carry weight in these reviews and is rarely dismissed as insignificant.

Even after several years, the conviction remains searchable unless sealed—which is almost never an option in these cases, as mentioned above. A single DWAI on your record may raise red flags if you work in transportation, healthcare, law enforcement, or another field involving public safety.

Can You Ever Seal or Expunge a DWAI in Colorado?

Colorado law does not allow for sealing or expunging adult DWAI convictions in nearly all cases. Traffic offenses involving alcohol or drugs are excluded from most record relief provisions. A DWAI might only be removed if the conviction was entered in error, successfully appealed, or overturned for a legal violation.

This limitation surprises many people—especially those who pled guilty years ago, thinking they could eventually move on. In reality, that record stays available to courts, licensing agencies, and background check services indefinitely.

You may have more options if you were charged with DWAI but never convicted—either because the case was dismissed or you were found not guilty. In those cases, sealing the arrest and court record may be possible. However, the rules are strict, and the process often requires legal guidance.

Collateral Effects of a DWAI Conviction

The legal consequences may initially seem limited—especially if you avoided jail or kept your license. However, the broader impact often shows up in unexpected places. After a DWAI conviction, you may face:

• Increased insurance premiums,
• Loss of professional opportunities,
• Difficulty renting certain housing,
• Travel restrictions to some countries, and
• Mandatory reporting to licensing boards.

Even volunteer programs or graduate schools may ask about prior criminal convictions. Since Colorado classifies DWAI as a criminal misdemeanor, you are typically required to answer “yes” when asked if you have been convicted of a crime. This is true unless the charge was dismissed or resolved without a conviction.

These secondary consequences often create more lasting challenges than the criminal consequences themselves. Therefore, anyone facing a DWAI charge should understand that the outcome can affect far more than just their criminal history.

Do Not Let a DWAI Conviction Become a Permanent Part of Your Record

In Colorado, a DWAI does not fade with time—it stays on your criminal and driving record for life. That one conviction can affect your job prospects, insurance rates, and housing applications and can even carry future legal consequences. If you are facing a DWAI charge, you still have a chance to change the outcome. At The Law Offices of Susan Deschler, we focus on defending people like you from the life-altering impact of a criminal conviction. We will review your case, challenge weak evidence, and fight for the best possible result. Call today for a confidential consultation. You can also reach us through our secure online contact form.

You have never seen the inside of a jail cell before tonight, and the fluorescent lights make three in the morning feel even longer than it already is. Someone mentioned a court date, a license revocation, maybe even a class you will have to take, but none of it stuck because your mind kept circling back to how you are going to explain this at work on Monday. You keep telling yourself that people go through this and come out fine, but you have no idea what “fine” actually means.

The Law Offices of Susan Deschler recognizes that your whole life is still ahead of you and will advocate on your behalf, while also explaining what is ahead before you decide your next move.

Should I Get a Lawyer for My First DUI?

Hiring a lawyer can help you understand what is at stake in the outcome. A first-offense DUI in Colorado carries potential jail time, fines, and consequences for your driving privileges that can disrupt work, family, and community obligations. Also, there are really two proceedings that may move forward simultaneously: the administrative DMV proceeding and the criminal court case. An attorney can address both by protecting your rights at each stage and working toward the best available result given the facts of the case.

What Penalties Come with a First Offense DUI in Colorado?

A first-offense DUI conviction can result in 5 days to 1 year in jail and a fine between $600 and $1,000. Separate consequences involving a person’s driving privileges may also apply, but those consequences depend on the driver’s individual record and circumstances.

Colorado also recognizes a lesser charge, driving while ability impaired, which carries its own separate range of penalties. The distinction between the two often comes down to the degree of impairment the evidence shows, and it is one of the first issues a defense attorney examines.

Track 1: What Is the DMV Process After a DUI Arrest?

The Department of Motor Vehicles handles the licensing aspect of a DUI arrest independently of the criminal case, and this process may begin after a qualifying chemical test result, refusal, or other circumstances affecting a person’s driving privileges.

The consequences are not necessarily the same for every driver. Prior driving history, existing license restraints, chemical test results or refusals, and other individual circumstances can affect a person’s DMV status and the requirements that apply.

Because DMV consequences are case-specific, a driver should verify their current license status and any applicable requirements directly with the Colorado DMV rather than relying on a general description of revocation or reinstatement rules.

When a DMV hearing is available, a hearing officer considers the evidence and determines whether the legal grounds for administrative action have been established.

Track 2: What Is the Court Process for a First DUI Charge?

Separately from the DMV process, the local prosecutor prosecutes the criminal case through the Colorado courts, beginning with a summons and a first court appearance. A conviction can lead to fines, jail time, probation, restitution, and a court-ordered alcohol and drug evaluation that determines whether a defendant completes an education program or a longer treatment track. Because this process runs independently of the DMV case, a result in one does not decide the outcome of the other, and a defendant needs a strategy for each.

What Can a First-Offense DUI Lawyer Do for You?

A defense attorney looks for weaknesses at every stage of the case, starting with the traffic stop itself. This includes whether the officer had a valid reason to pull you over, whether field sobriety tests were administered correctly, and whether the breath or blood test complied with the procedures required by law.

An attorney can also negotiate with the prosecutor, request that the DMV hearing officer subpoena the arresting officer, and, where the facts support it, seek dismissal rather than a conviction. None of this happens automatically. It takes someone who understands how Colorado prosecutors and DMV hearing officers evaluate these cases.

Is It Worth Hiring an Attorney for a DUI, or Is This Something to Handle Alone?

Many first-time defendants ask whether they should get a lawyer for their first DUI offense when the case seems straightforward. The honest answer is that few DUI cases are as simple as they may first appear. Breath and blood testing equipment requires regular calibration and proper handling, field sobriety tests can be unreliable, and officers must follow specific procedures at every step.

A first-offense DUI lawyer reviews the evidence before a client decides how to plead, and that review may reveal options a defendant did not recognize on their own. Given the stakes, including potential restrictions on your driving privileges, a criminal record, and the higher penalties that may apply to any future DUI or DWAI conviction, the cost of hiring an attorney has to be weighed against the consequences of handling the case without a full review of the evidence and the available defenses.

The Law Offices of Susan Deschler Focuses on DUI Defense

Susan Deschler focuses her practice on criminal and traffic law, and DUI defense sits at the center of that work. The American Institute of DUI/DWI Attorneys has named her one of the ten best attorneys in this category twice, and she is a member of the National College for DUI Defense.

Susan moved to Colorado in the spring of 2015 and has spent the years since building a practice across Summit, Clear Creek, Grand, Gilpin, and Eagle Counties, so she knows how these cases move through Colorado courtrooms.

Get Direct Guidance from a Colorado DUI Attorney

A first DUI arrest does not determine what happens next. The right guidance now can help protect a license, a record, and the choices available for years to come. Schedule your consultation with the Law Offices of Susan Deschler to discuss your first DUI charge and what comes next.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• First Offenses – DUI and DUI Per Se, Colo. Rev. Stat. § 42-4-1307(3).
• Alcohol DUI Express Consent Law, Colorado Department of Revenue, Division of Motor Vehicles.
• Criminal Penalties for DUI, No DUI Colorado.

A DUI arrest on I-70 near Silverthorne or after leaving Breckenridge can produce paperwork that feels more urgent than clear. Under Colorado’s express consent law, an Express Consent hearing is the administrative process that determines whether the state may revoke your driving privileges following an excessive blood alcohol result or an alleged chemical-test refusal. It is separate from the criminal DUI or DWAI case.

You only have a set number of days to ask for the hearing after you have received the notice of revocation. If you act within that time frame, you may challenge the DMV’s action, and the revocation may be temporarily postponed while the hearing is pending.

A DMV Hearing Determines Whether the Revocation Stands

The Express Consent hearing is conducted by the Hearings Division of the Colorado Department of Revenue, not by the judge handling the criminal charge. The hearing officer reviews the DMV packet, considers testimony and other evidence, and then determines whether the legal grounds for revocation have been met. The hearing is usually arranged within 60 days of the DMV receiving the request.

The administrative decision is often referred to as a Colorado DUI license suspension, but the law generally classifies it as a revocation. The revocation can result from a breath test indicating a BAC of 0.08 or higher, a subsequent blood test result, or an alleged refusal to submit to chemical testing.

Why Does Driving Activate Colorado’s Testing Rule?

The Colorado express consent statute treats a person who drives in the state as having agreed to qualifying chemical testing. Before directing the test, an officer must have probable cause to believe the person committed DUI, DUI per se, DWAI, or another covered offense.

In an alcohol investigation, a driver who is at least 21 generally may select either a blood or breath test. The driver must complete the selected test and cooperate so the sample can be obtained within two hours of driving. Refusal or noncooperation can create a separate basis for revocation.

The Hearing Request Deadline May Be Before Your Court Date

The deadline depends on when the notice arrives. After a breath test or an alleged refusal, an officer typically serves an Express Consent Affidavit and a Notice of Revocation. In a blood test case, the DMV generally mails a notice after receiving the laboratory result.

A written request must reach the DMV within the requisite number of days after you receive the notice or are legally deemed to have received mailed notice. Without a timely request, the right to a hearing is generally waived, and the administrative determination becomes final (unless you appeal).

If the statutory conditions are met, the driver may obtain a stay of the revocation, allowing driving privileges to continue until the hearing is resolved. However, a delay requested by the driver or counsel may affect that stay.

What Must Be Proven Under Colorado Express Consent Law?

At an Express Consent hearing in Colorado, the hearing officer uses the preponderance of the evidence standard, meaning a disputed fact is more likely true than not. That standard is lower than proof beyond a reasonable doubt in criminal court.

Depending on the case, the hearing may address:

• Excessive BAC. Did you drive or have actual physical control of a vehicle, and did a qualifying test show a BAC of 0.08 or higher, within two hours?
• Alleged refusal. Did an officer have probable cause to request testing, and did you refuse or fail to cooperate?
• Police contact and arrest. Were the initial contact and arrest constitutionally and statutorily valid?
• Supporting proof. Do the affidavit, reports, test records, and testimony establish the required facts?

The hearing officer has the authority to take evidence, assess the credibility of witnesses, issue subpoenas, and render a written decision.

Why Can the DMV and Criminal Court Reach Different Results?

The DMV hearing concerns driving privileges. The criminal case determines whether the prosecution can prove DUI, DUI per se, DWAI, or another offense and what penalties apply after a conviction.

The fact that a case is dismissed or reduced in court does not mean the DMV revocation is canceled, and a favorable decision by the DMV does not necessarily require dismissal of the charge. The same reports, recordings, and test records can appear in both proceedings, but the hearing officer and the court apply different legal standards.

Which Evidence Can Affect the License Decision?

The BAC figure or the refusal box alone does not provide the full picture because the DMV packet may include conflicting times, omit relevant facts, contain incomplete test information, or include statements that do not align with body-camera footage.

Relevant materials may include dispatch records, breath-testing documents, blood-laboratory records, medical evidence, witness information, chain of custody over blood vials, observation period before breath test, and proof of when notice was served or mailed. In a refusal case, video or audio may show confusion, a physical limitation, an attempt to cooperate, conflicting instructions, and whether the refusal was recanted.

An attorney can also decide whether the officer should appear. If properly requested or subpoenaed, the officer may testify and answer questions. Otherwise, the hearing officer may rely on the affidavit and reports.

What Should You Do During the First Week?

The first week should focus on preserving both the right to a hearing and useful evidence. Take these steps:

• Check the date the notice was issued—determine when the period began and timely submit the hearing request using an approved method;
• Retain all documents—save the affidavit, the temporary permit, the summons, the test paperwork, and any mailing envelopes;
• Make a record of everything that took place—note the police contact, the request for testing, your reply, and any steps you took to cooperate, and preserve any video footage; and
• Check that your driving status is valid—don’t assume that a request for a hearing or having a paper permit gives you the right to drive.

Take all necessary documentation to your consultation; even a small issue involving notice or timing may affect the range of available options.

Direct Representation for the DMV and Criminal Cases

The Law Offices of Susan Deschler have 25 years of legal experience and represent people accused of DUI or DWAI. Our firm has extensive experience in Colorado’s mountain areas and therefore handles cases arising from stops in Breckenridge, Frisco, Dillon, Silverthorne, Keystone, Copper Mountain, and on I-70.

We review the DMV packet, inform you of the deadlines, and contact you directly. We will prepare for the Express Consent hearing, assess any issues regarding the test or refusal, and defend the associated criminal case without treating the two proceedings as the same.

Contact our team to schedule your consultation and discuss the next steps to protect your driving privileges and address the court case.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Colorado Department of Revenue, Hearings Division.
• C.R.S. § 42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample—testing—rules—definition (2025).
• C.R.S. § 42-2-126. Revocation of license based on administrative determination (2025).
• Colorado Department of Revenue, Express Consent Cases Procedures.
• Colorado Division of Motor Vehicles, The DUI Administrative Process.
• Colorado Department of Revenue, Alcohol and Drug Related Offenses.