What to Expect After a Colorado DUI
If you are arrested on suspicion of driving under the influence (DUI) or while ability impaired (DWAI), it is important to contact our lawyers at Jorgensen, Brownell & Pepin, P.C. to help you achieve the best possible outcome for your case. After being arrested, you face a number of important steps to resolve your case.
The Two Separate DUI Processes
First, there is an administrative process with the Department of Motor Vehicles. Because the DMV can take away your driver's license for having a BAC of 0.08 or above or for refusing to take a breath or blood test, you must request an "Express Consent Hearing" within 7 days of your arrest to challenge your license revocation with the DMV. Thus, you should make this request immediately. The hearing must occur within 60 days of your request for a hearing. If you lose at the hearing, your driver's license will be revoked for a set amount of time. Second, there is the criminal process. When you are arrested you will be given a citation or ticket and you will need to appear in court at the date and time on your ticket.
About the First Court Date
This first court date is known as an arraignment and its primary function is to:
- Advise you of the charges against you
- The possible penalties
- Your rights as a defendant
If you have hired an attorney, sometimes this court date can be vacated. The next court dates are called pre-trial conferences, which are an opportunity to meet with the District Attorney's office to discuss your case and negotiate plea offers. There may be multiple pre-trial conferences, and having an attorney can help ensure you have received all of the information from the District Attorney's office.
Motion Hearings & Sentencing
Depending on the facts of the case, you may also have motions hearings, where arguments are made to the judge regarding things like evidence and possibly dismissal of certain charges. Motions hearings are based on legal arguments that are supported by Colorado statutes and prior cases. If you are unable to reach an agreement with the District Attorney's office regarding a plea, your case will go to jury trial. There are usually 6 jury members, and each side presents its evidence-including examining and cross-examining witnesses.
Finally, there is sentencing, where the court determines your punishment. The court will consider all evidence that is helpful to you, and an attorney can make sure that evidence is brought to the court's attention.
Give us a call today to learn more about how we can assist you.
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