Timing Matters: When to Hire a DUI Attorney After Your Arrest
Hiring a DUI attorney immediately after your arrest protects critical deadlines and preserves evidence that disappears quickly. Colorado's legal system imposes strict timelines that start the moment you're arrested, and missing them can cost you your driver's license even before your criminal case begins.
The most urgent deadline is the 7-day window to request a DMV hearing. Understanding this and other time-sensitive steps helps you protect your rights from the start.
The 7-Day DMV Hearing Deadline
Colorado law gives you just 7 days to request a DMV hearing after a DUI arrest. Miss this deadline and your license gets automatically revoked—no hearing, no appeal, no exceptions.
The 7-day clock starts differently depending on your test type. If you took a breath test at the station, you have 7 days from your arrest date. If police drew your blood, you have 7 days from when the blood test results come back—which often takes weeks or months, but the deadline still applies once you're notified.
This DMV hearing is separate from your criminal case. One deals with your driving privileges (administrative), the other with criminal charges. Both matter, and both require immediate attention.
| Proceeding | Deadline | What's at Stake | Action Required |
|---|---|---|---|
| DMV Hearing | 7 days from arrest (breath test) or 7 days after blood results notification | Driver's license revocation | Request hearing in writing; request officer attendance |
| Criminal Case | Arraignment typically 2-3 weeks after arrest | Jail time, fines, criminal record | Attorney representation at first court appearance |
An experienced attorney requests the DMV hearing immediately and ensures the arresting officer must attend. This hearing becomes an opportunity to question the officer under oath about your arrest—valuable preparation for the criminal case.
Evidence Disappears Fast
Police dashcam and body camera footage doesn't last forever. Most agencies delete recordings after 30-90 days to save storage space. Once deleted, this critical evidence is gone permanently.
Your attorney needs to request this footage immediately through formal channels. They also need to obtain breathalyzer calibration logs, officer training certifications, and maintenance records while they're still accessible. These documents often reveal problems with how your arrest was conducted or how tests were administered.
Witnesses also become harder to locate and less reliable as time passes. Someone who saw your driving or was present during your arrest may remember details clearly today but struggle to recall them weeks later.
What You Risk by Waiting
Delaying legal help creates problems you can't fix later:
Automatic license revocation if you miss the DMV deadline, even if you're never convicted
Lost video evidence when agencies delete footage after retention periods
Weaker witness testimony as memories fade
Missed opportunities for early plea negotiations when prosecutors are more flexible
Less time to investigate constitutional violations or testing errors before court
Some defendants wait until their arraignment to hire an attorney, thinking they can handle initial steps alone. This usually means showing up to court unprepared, missing the DMV hearing entirely, and losing access to critical evidence.
Before Your First Court Appearance
Your arraignment typically happens 2-3 weeks after arrest. This is when you enter your plea and the judge sets conditions for your release.
Having an attorney at this first appearance matters. They can negotiate better bail terms, request favorable conditions, and begin discussions with prosecutors about reducing charges. Walking in without representation limits your options and can create a negative impression with the judge.
In some cases, your attorney can appear on your behalf, meaning you don't have to miss work or face the stress of court alone.
What Early Hiring Allows
When you hire an attorney immediately after arrest, they can:
File the DMV hearing request within the 7-day window and prepare to question the arresting officer
Secure video footage, breathalyzer records, and officer certifications before they become unavailable
Interview witnesses while events are fresh in their memory
Review arrest procedures for Fourth Amendment violations or improper testing protocols
Negotiate with prosecutors early when they're more open to charge reductions
Prepare a complete defense strategy before your first court date
NewbergerKing Law knows how La Plata County courts handle DUI cases and has established relationships with local prosecutors and judges. This familiarity creates opportunities for better outcomes—but only when there's adequate time to prepare.
Contact an Attorney Today
Time-sensitive deadlines and disappearing evidence mean that every day you wait reduces your defense options.
Contact an experiencedDUI defense attorney to discuss your arrest. With over 11 years of experience in Southwest Colorado courts, Attorney Barrie Newberger King knows what needs to happen immediately to protect your license, your rights, and your future.