You Were Arrested For Dui/dwai In Colorado – Now What?
YOU WERE ARRESTED FOR DUI/DWAI IN COLORADO – NOW WHAT?

In the State of Colorado, an arrest for Driving Under the Influence ( Colorado - DUI) or Driving While Ability Impaired (DWAI) generates two separate actions. (1) a Division of Motor Vehicle administrative hearing and (2) a County/District Court case.

Division of Motor Vehicles (DMV)

Your driver’s license is a privilege, not a right. Therefore, the only entity that may take away your license is the DMV. There may be additional consequences to your driver’s license as a result of your court case, but the DMV is the agency that takes action on your driver’s license, NOT the court.

When you have been charged with DUI or DWAI, you have the right to an administrative hearing to determine whether your driver’s privilege should be revoked for a period of time, pursuant to Colorado Revised Statutes. You have the right to request a hearing after a DUI or DWAI arrest and that hearing must be held within 60 days of your written request. When requesting a hearing, you must submit your written request within seven (7) days from the date your license was taken from you by the officer (usually the date of your arrest). If an officer takes your license, he/she will give you an Express Consent Affidavit that explains your rights regarding the DMV. If an officer did not take your license, then the DMV will mail you a letter to the address on your driver’s license stating that you must request you hearing within the seven days time period. If you fail to request a hearing within the seven days from arrest or receipt of the DMV letter, your driver’s license will automatically be revoked/suspended. Jansen & Associates recommends that you request the officer’s presence at the hearing.

Should you lose at the hearing, your license will be suspended immediately for a period of time predetermined by Statute. In certain cases, you may be eligible for a Probationary Driver’s License (PDL). You may request the PDL hearing after losing the initial hearing, although the granting of such license is at the discretion of the DMV hearing officer. If you prevail at the PDL hearing, you will be issued a probationary license (also called “red license”), which allows you to drive for limited purposes (e.g., work, medical reasons). Note that obtaining a probationary license will extend the time until you are eligible to reinstate your driver’s license.

Court

Arraignment or First Appearance/First Court Date

This is the first court appearance and the date indicated on your ticket. At this court appearance, you are usually advised of your rights and another court date is scheduled. If you have an attorney and you are not on bond, your attorney will likely vacate this court appearance and set a new one that is convenient with their calendar.


Pretrial Conference, Disposition Hearing, Plea and Setting and/or Trial Readiness

This court date has many different names and each jurisdiction calls it one of the above. This court appearance is an opportunity for you or your attorney to discuss your case with the Deputy District

Attorney and to negotiate a possible plea bargain. Prior to this court appearance, you or your attorney should have received and reviewed “discovery” (police reports, breath or blood sample results, etc.) from the District Attorney’s office.

Motions Hearing

After reviewing discovery, you or your attorney may determine that some of your Constitutional rights may have been violated. If this is the case, you have the right to file motions to suppress certain evidence that may have been obtained unconstitutionally and have a hearing for the Judge to decide the outcome of such motions. If you prevail, then such evidence may not be allowed at trial or your case could be dismissed.

Trial (Court or Jury)

DUI/DWAI trials are almost always to a jury of six (6). You also have the choice to have a trial to the Court (a Judge only). By law, your trial must commence six (6) months after you enter a plea of not guilty (this is your right to a “speedy” trial).

Sentencing

After you enter a plea of guilty (based on a plea bargain that the Court accepts) or after you have been convicted at trial, the Court will impose a sentence. In some cases, the Court will impose a sentence immediately after entering a plea or being convicted at trial. In other cases, the Court requires the completion of an Alcohol Evaluation (completed by the Probation Department) prior to sentencing. DUI/DWAI sentences may involve jail time, alcohol classes and/or therapy, monitored sobriety, community service, probation, fines, and court costs.

This process is often stressful and confusing. An experienced DUI/DWAI attorney will walk you through the process and help minimize the stress and possible consequences of a DUI/DWAI arrest. Contact Jansen & Associates, P.C. at (303) 832-5400 for a free initial consultation to discuss your Colorado, Denver, Boulder or Rocky Mountain DUI case.

Molly Jansen is a Colorado DUI Attorney servicing Denver, Boulder, Aspen, Rocky Mountains, Fort Collins and more. Visit Jansen Law for more Colorado DUI Attorney info.