What to Expect After a DUI Arrest in Colorado

Have you been arrested for driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado? If so, it is important to know what to expect moving forward. Unlike in many other states, there are essentially two different parallel proceedings running in Colorado when a person is arrested for a DUI: the criminal case, and the administrative DMV case. Both types of proceedings have potential consequences you will want to avoid, and it is important to work with an attorney who can represent you in your criminal case and your DMV case. Our Denver DUI defense lawyers can tell you more about what to expect in each of these parallel proceedings, and we can speak with you today if you need help defending against DUI allegations in the Denver area.

Criminal Case Proceedings

Once you are arrested for a DUI or DWAI, this “path” of your case will move through the Colorado judicial system. While both the criminal process and the administrative process will begin when you are arrested for a DUI, the two move at different speeds and on different timelines. In the criminal case, the first part of the process following your arrest will happen between the police and the local district attorney’s office, when the police submit your case to that office. The district attorney’s office will file charges, and you will then be required to appear in court to enter a plea.

The criminal process can take quite a long time. Typically, after you appear in court, your DUI defense lawyer will negotiate with the district attorney to have the charges dropped or your case dismissed. If the charges cannot be dropped, and if you are willing to take a plea, your lawyer will then typically begin plea negotiations. If no plea agreement is reached, or if you want to plead not guilty, then your case will go to trial. If you win and are found not guilty, the case will be dismissed. If you are found guilty, you will be sentenced under Colorado criminal law. Specific penalties will depend on the particular facts of your case but may include jail time, fines, treatment programs, restitution, and/or probation.

DMV Administrative Proceedings

The other case that will run parallel to but separate from your criminal case after a DUI arrest is the DMV administrative case.

After an arrest, you will need to request a DMV hearing. This process involves a determination of whether or not you can keep your driving privileges. You will then go to your DMV hearing with your DUI defense attorney and make a case for keeping your driving privileges. The outcome will involve one of the following: you keeping full driving privileges, keeping driving privileges with restrictions, or having driving privileges revoked.

Contact a Denver DUI Defense Lawyer for Help with Your Case Today

If you were arrested for a DUI or a loved one was recently arrested, it is important to understand the complex DUI court process in Colorado. You will need to work with an attorney who can help you to defend against DUI charges and allegations in both the criminal proceeding as well as in your DMV hearing. The goal is to avoid a conviction in your DUI case and to prevent losing your driver’s license in the DMV hearing. To find out more about how our firm can help you in both proceedings, contact an experienced Denver DUI defense lawyer at DeChant Law today.

Sources:

law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/

dmv.colorado.gov/the-dui-administrative-process

dmv.colorado.gov/the-dui-process