First 72 Hours After a Colorado DUI: A Practical Checklist for Durango & Southwest Colorado
If you've just been arrested for DUI in Durango or Southwest Colorado, you're probably scared. In nearly eight years as a Deputy and then Senior Deputy Public Defender in Southwest Colorado, Barrie saw people lose their licenses—not because their case was unwinnable, but because they missed a deadline that started ticking immediately.
Here's what you need to do in these first 72 hours while you still have options.
Your first 72-hour checklist (save this):
Confirm your DMV deadline right now. In many cases, you have 7 calendar days to request an Express Consent hearing.
Breath test or refusal: the clock usually starts the day you’re served the affidavit (often at arrest).
Blood test: the clock usually starts when you receive the DMV notice by mail.
Write down everything about the stop while it’s fresh (location, time, what was said, the tests, weather, your physical condition).
Secure every document (citation, Express Consent paperwork/notice, bond conditions).
Do not discuss your case on social media, in texts, or on recorded jail calls.
Talk to a defense attorney early so deadlines and evidence don’t slip away.
Why These 72 Hours Determine Your Case
A DUI arrest triggers two separate tracks right away:
DMV (Express Consent): driving privilege and revocation timeline
Criminal court: the DUI/DWAI charge itself
The DMV track moves fast. If you miss the hearing request window, your license can be revoked automatically—even while your court case is still early. Evidence also disappears quickly: surveillance video gets overwritten, witnesses forget, and details blur.
These first 72 hours are where you protect the two things you can lose fastest: your DMV options and your best evidence.
Hour 0-24: Document Everything Now
Get Your Paperwork Safe
When you’re released, you’re usually given paperwork that sets your next deadlines. Put it somewhere you won’t lose it.
Keep these documents together:
Citation (court date, charges, case number)
Express Consent affidavit/notice (DMV timeline + hearing instructions)
Bond conditions sheet (any restrictions you must follow)
Losing a citation is an easy way to miss a court date. Make a photo backup on your phone.
Write Down the Stop Details While They’re Still Fresh
Details fade fast. In Barrie’s experience handling DUI cases in Southwest Colorado, the small facts people forget early can become important later.
Document this now (write it down):
Exact stop location (cross streets, mile marker, nearby business)
Approximate time the officer activated lights
What the officer said was the reason for the stop (their words, if you remember them)
What was said back and forth (anything you volunteered, any questions asked)
Field sobriety tests (which ones, how they were explained, what the surface was like)
Conditions during testing
Weather (wind, cold, rain/snow)
Surface (ice, gravel, uneven pavement)
Lighting (dark road, headlights, streetlights)
Your physical state (fatigue, illness, injury, anxiety, medications)
Those conditions matter because they can affect balance, coordination, and how the tests are interpreted.
Look for Evidence That Could Disappear
If there were witnesses, get names and contact info. If you were near a business, note it—many security systems overwrite footage quickly. Write down:
Nearby businesses with cameras
Traffic cameras (if you noticed them)
Passengers or bystanders who saw the stop
Protect Yourself From Accidental Self-Incrimination
Until you’ve spoken with an attorney, assume anything you say can become evidence.
Avoid in the first 72 hours:
Posting about the arrest or that night on social media
Texting friends details of what happened
Discussing the case on recorded jail calls (prosecutors can access them)
Letting others tag you in posts from that night
Hour 24-72: File DMV Request and Get Legal Help
The DMV Deadline Is Not Negotiable
The DMV deadline is one of the easiest ways to lose options early. In many cases, you have 7 calendar days to request an Express Consent hearing. If the request isn’t received on time, DMV can treat it as a waiver—and the revocation can move forward without a hearing.
At the DMV hearing, Barrie challenges whether the officer had probable cause to stop and arrest you and whether testing procedures were followed correctly.
You can lose your license through DMV even if criminal charges are dismissed. You can keep your license through DMV even if convicted criminally. Learn more about how DUI defense in Colorado involves both.
Why Call an Attorney in This Window
You’re racing two things at once: the DMV hearing window and evidence that disappears quickly. The sooner you act, the more options you usually preserve—especially for the DMV request and for locating video or witnesses before it’s overwritten or forgotten.
I file the DMV request for clients and appear at the hearing. I know how to request security footage from local businesses and police dash cam footage before it's too late.
Schedule a consultation—it's free and confidential, even if you don't hire me. No pressure. Just information.
What You Risk by Waiting
Miss the DMV hearing window and the Express Consent restraint can take effect. If the DMV action is upheld, the restraint/revocation period depends on the category and your history (test result vs refusal, prior actions, and other factors). The notice you receive and your Express Consent paperwork will identify what DMV is pursuing in your case—and an attorney can confirm what that typically means for your driving privileges.
Wait to call and evidence disappears. I've seen clients wait too long—by the time they contact an attorney, dash cam footage from businesses near the stop has been overwritten. Once it's gone, it's gone.
Talk too soon and it's used against you. Jail calls are recorded. Texts are discoverable. Social media posts are admissible. Prosecutors use this evidence in court, and it can damage your case significantly.
When to Call Same Day vs. Monday Morning
Call immediately if:
Still in custody with bond hearing coming
Already day 5-6 and no DMV request filed
Prior DUI convictions (mandatory minimums: 10 days for second, 60 days for third)
Accident involved, especially with injuries
Refused chemical test (automatic 1-year revocation)
Can wait until Monday if:
Arrested Friday/Saturday, released on personal recognizance
First offense, no aggravating factors
Paperwork secured, everything documented
DMV deadline still 5+ days away
Even then, don't wait past day 3.
Your 72-Hour Checklist for Southwest Colorado
Within 24 Hours:
Secure paperwork
Write down stop details
Get witness contact info
Note camera locations
Do NOT discuss case on social media or jail calls
Within 48 Hours:
Contact defense attorney for consultation
Start DMV hearing request (or have attorney do it)
Preserve evidence details
Within 72 Hours:
Confirm DMV hearing submitted
Complete attorney consultation
Organize documents
Mark arraignment date on calendar
How I Handle DUI Cases From Day One
When you call for a consultation, we'll talk through what happened. It's confidential—stays that way even if you don't hire me. I'll check your deadlines (especially DMV), assess possible defenses, and explain what to expect.
If you hire me:
I request DMV hearing within deadline and appear with you
I challenge officer's probable cause at that hearing
I review all evidence for constitutional violations
I file pre-trial motions to suppress illegally obtained evidence
My background: almost eight years as Deputy then Senior Deputy Public Defender in Southwest Colorado. High volumes of DUI cases at all levels—first offenses, repeat offenses, accidents, refusals, high BAC. Tried cases in 22nd and 6th Judicial Districts. Supervised other attorneys. I know these courts, these prosecutors, what works. Learn more about my experience.
Don't Wait—Your Deadlines Started at Arrest
The DMV deadline doesn't pause because you're overwhelmed. Miss it and your license can move toward revocation—often 7 days from arrest in breath/refusal cases, or 7 days from when you receive the DMV notice by mail in blood-test cases.
If you've been arrested for DUI in Durango, Cortez, Pagosa Springs, or Southwest Colorado, call NewbergerKing Law for a free consultation. I'll review your case and take immediate action.