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After the Arrest: 7 Top Mistakes to Avoid Following a DUI

There is no question that facing a DUI arrest in Colorado is overwhelming, but how you respond in the aftermath is critical. The hours and days that follow your arrest bring with them ample opportunity for missteps that can jeopardize your chances at a favorable outcome.

Understanding your rights and avoiding common pitfalls can mean the difference between a manageable resolution and devastating consequences. With the guidance of a seasoned DUI defense team in Denver, you can take control of the situation and begin building a strong defense from the very start.

1. Don’t overshare with the police.

When pulled over, you’re required to provide your name, license, and registration information. Avoid answering any other questions, especially when it comes to your drinking or actions leading up to the arrest.

Whatever information you do offer can be used against you in court, so even if you’re trying to be helpful, talking beyond the essentials can hinder your defense down the line. Remain polite, but invoke your right to remain silent until you speak with an attorney.

2. Don’t agree to field sobriety tests during a traffic stop.

In Colorado, field sobriety tests are voluntary. These tests are subjective and can be influenced by anxiety, an injury, or even lighting conditions. Refusing to participate in this sort of testing denies prosecutors easy evidence and may help protect the integrity of your case.

3. Don’t refuse chemical testing.

While field sobriety tests are voluntary, officers can still make an arrest if they have reason to suspect impaired driving. While in custody, law enforcement will request chemical testing. In that case, Colorado’s Express Consent Law means that if you refuse to take a breath or blood test after a lawful arrest, you’re automatically given a year’s suspension of your license.

4. Don’t wait too long to hire an attorney.

Legal representation is one of the first things you need after a DUI arrest. The faster you secure an attorney, the sooner your representative has time to view police reports, preserve evidence, talk to witnesses, and plan for the case ahead.

The Department of Motor Vehicles only grants seven calendar days from the time of arrest to request a hearing. Cutting deadlines too close can restrict your attorney’s possible defense tactics.

5. Don’t skip the DMV (Express Consent) hearing.

A DUI arrest in Colorado results in not just a criminal case, but separate administrative proceedings with the DMV as well. The DMV hearing allows your attorney to cross-examine the arresting officer (if present) and possibly delay or prevent license suspension. Failure to request or attend this hearing is one of the biggest legal mistakes you can make following a DUI.

6. Don’t plead guilty before getting legal advice.

The prosecutor may very quickly pressure you toward a plea. Do not accept any plea deal until you’ve met with a qualified attorney, especially for first-time DUI charges, which can often qualify for diversion or alternative/lesser charges. Every case is unique, and factors such as officer training, test conditions, or equipment accuracy may influence the outcome.

7. Don’t ignore court dates or requirements.

Missing a hearing, violating bail terms, driving on a suspended license, skipping court-ordered DUI classes, or tampering with interlock devices can lead to harsher penalties or new charges. Courts expect responsibility, and ignoring a requirement can both damage your credibility and result in more severe consequences.

Why Hiring a DUI Law Firm in Denver Matters

A law firm that’s focused on DUI defense understands Colorado statutes, such as DUI vs. DWAI thresholds, implied consent rules, license suspension triggers, and diversion options. A reputable attorney will guide you through every step of the legal process, from the DMV hearing to preparing for trial or reviewing plea offers. They also gather evidence and challenge weak or flawed testing and procedures.

What Not to Do After a DUI in Colorado

After a DUI, even small missteps can evolve into severe legal setbacks. While you wait for your hearing, avoid admitting guilt, abide by deadlines and court orders, and listen to your legal representation.

Do not rely on advice you find online or assume you can handle your case alone. Every DUI case has specific legal risks, and trying to manage yours without proper counsel can be far more trouble than it’s worth.

MBS Law Can Support You with Your DUI Case

If you need DUI legal advice, want to know what not to do after a DUI, or need help securing DUI legal representation, contact MBS Law, a top-rated DUI law firm in Denver. We help clients avoid common DUI mistakes like these, especially after a first offense.