DUI Arrest Process: What to Expect in the First 48 Hours

At the Police Station or Jail

Not every DUI arrest means going to jail overnight. Most first-time DUI offenses are misdemeanors, and officers often issue a citation with a court date rather than booking you into jail.

If you're transported to a police station or jail, you'll go through a booking process. This includes a pat-down search, fingerprinting, photographing, and an inventory of your personal property. Your belongings get stored until release.

Your vehicle won't be left at the arrest scene. Police will either have it towed to an impound lot or allow a sober driver to take it. Impound lots charge daily storage fees that add up quickly, so retrieving your vehicle as soon as possible saves money.

Chemical Testing and Express Consent

Colorado's Express Consent law means you already agreed to chemical testing the moment you started driving on public roads. You don't get to refuse a breath or blood test after arrest without serious consequences—automatic license revocation for at least one year, even on a first offense.

If you take a breath test, officers transport you to a police station equipped with an Intoxilyzer 9000. Before testing, they must observe you for 20 minutes to ensure you don't burp, vomit, or consume anything that could affect results. The test must happen within two hours of when you were driving. The machine analyzes your breath sample and produces a blood alcohol concentration (BAC) reading.

Blood tests work differently. Officers take you to a hospital or medical facility where a trained professional draws your blood. Results take weeks or months to come back from the lab, which delays the DMV process but doesn't change your legal obligations.

Refusing either test triggers immediate license revocation and can be used against you in court. Some jurisdictions now obtain warrants to force blood draws even after refusal.

The Yellow Paper and Your Temporary License

After chemical testing, you'll receive an Express Consent Affidavit and Notice of Revocation—a yellow carbon copy that looks like a traffic ticket but carries much more weight.

This document serves as your temporary driver's license for exactly seven days. It also notifies you that your actual license has been revoked, effective seven days from the date of your arrest (if you took a breath test) or seven days from when blood test results come back.

The yellow paper explains your right to request a DMV hearing to challenge the revocation. Officers confiscate your physical driver's license when they give you this document. If you took a blood test instead of a breath test, you keep your license temporarily until the DMV mails you the Notice of Revocation weeks later based on your test results.

Release and Your Court Summons

Most people arrested for a first-time DUI get released the same day or night. Officers issue a Uniform Summons and Complaint—your official notice to appear in court. This summons lists your charges and your arraignment date, typically scheduled two to three weeks after arrest.

You sign the summons promising to appear in court. This isn't an admission of guilt—it's simply acknowledging you received notice of your court date. Missing this date results in a warrant for your arrest.

Some circumstances require posting bail before release. Felony DUI charges, multiple prior offenses, or outstanding warrants can mean staying in custody until you see a judge or post bond. Bail amounts vary based on the severity of charges and criminal history.

Officers won't let you drive yourself home. You'll need to arrange a ride with someone sober or use a taxi or rideshare service.

Critical Actions in the First 7 Days

The week following your arrest determines crucial aspects of your case. Take these actions immediately:

• Request your DMV hearing in writing within seven days of arrest (breath test) or seven days of receiving blood test results. Miss this deadline and your license gets revoked automatically with no opportunity to challenge it.

• Write down everything you remember about the arrest while details are fresh: what the officer said, field sobriety tests administered, how you felt, where you were driving, what you ate or drank, witness names.

• Retrieve your vehicle from impound as soon as possible to avoid accumulating daily storage fees that can reach hundreds of dollars.

• Don't discuss your case with anyone except an attorney. Don't post about it on social media. Don't explain what happened to friends or family in detail. Anything you say can be used against you.

• Contact a DUI attorney immediately to protect the DMV hearing deadline and begin investigating your case while evidence is still available.

• Keep all paperwork you received: the yellow Express Consent affidavit, your summons, any citations, tow receipts, and copies of any documents you sign.

These first seven days create the foundation for your defense. Evidence disappears, memories fade, and critical deadlines pass. Early legal help makes a significant difference in protecting both your license and your criminal case.