If you’ve been arrested for driving under the influence (DUI) in Colorado, you may feel uncertain and overwhelmed about the legal process ahead. Understanding the steps you need to take and how the legal system works is crucial for securing the best possible outcome. Whether it’s your first arrest or you are facing charges again, knowing what to expect can make all the difference. Here’s a deeper look into the consequences of a DUI arrest and what actions you should take immediately to protect yourself.
Immediate Detention and Processing 
After a DUI arrest in Colorado, you will be taken to the police station for booking, which includes personal information collection, fingerprinting, and photographing. Depending on your situation, the police may also ask you to submit to a chemical test (breath, blood, or urine). Refusing to take the test can result in additional penalties, including an automatic suspension of your driver’s license for up to one year. If you refuse, the police will likely inform you of the consequences right away, and it’s critical to understand that your refusal to take the test will not stop the legal process from continuing.
While this can feel like the first major setback, it’s just the beginning. During this initial phase, remain calm, respectful, and aware of your rights. The actions you take here can influence your case moving forward.
License Suspension and the DMV Hearing
One of the first penalties you may encounter after your DUI arrest in Colorado is a suspension of your driver’s license. The state operates under an “express consent” law, which means that by driving, you have agreed to submit to chemical testing when requested by law enforcement. If you refuse to take the test, you could lose your license for a longer period compared to a DUI conviction.
However, the Colorado Division of Motor Vehicles (DMV) allows you to request a hearing to contest the suspension. You have seven days from the time of your arrest to request this hearing. If you don’t request it within that time frame, you automatically lose the right to contest your license suspension. It’s essential to act quickly in order to preserve your driving privileges.
The Court Process: What to Expect in a DUI Case
After the initial steps of processing and potential license suspension, your DUI case will go through the Colorado court system. The seriousness of your charge and the possible penalties depend on several factors, such as your BAC (blood alcohol concentration) at the time of the arrest, whether you caused an accident, and your history with DUIs or other traffic violations. Here’s an outline of what you can expect throughout the court process:
Arraignment
The first court appearance is typically the arraignment. During this time, you will be formally charged, and you will enter a plea. Most individuals facing DUI charges will either plead guilty or not guilty. Pleading not guilty will initiate a trial process, whereas pleading guilty may lead to immediate sentencing, though it’s important to keep in mind that you may still be able to negotiate for reduced penalties, depending on the circumstances.
Plea Bargain or Trial
In many DUI cases, there is the possibility of negotiating a plea bargain. A plea bargain is an agreement between you and the prosecution where you agree to plead guilty to a lesser charge or receive a reduced sentence in exchange for not going to trial. If the evidence is strong against you, a plea bargain may be the best option to minimize penalties. However, if there are significant issues with the prosecution’s case, you might decide to proceed to trial.
Penalties for DUI Convictions in Colorado
The penalties for a DUI conviction in Colorado can vary depending on several factors, such as your BAC at the time of the arrest, whether it’s your first or second offense, and if any injuries or damages were involved. Below are the potential consequences you could face:
Fines and Court Costs
Fines for DUI convictions can range from several hundred to thousands of dollars. First-time offenders may be fined anywhere from $600 to $1,000, while repeat offenders face higher fines. In addition to fines, there are often court costs and other fees associated with your case. These costs can add up quickly, so it’s important to be prepared for this financial burden.
License Suspension
As mentioned earlier, your license will be automatically suspended after a DUI arrest, but the length of the suspension can vary. For a first offense, the suspension may last between 9 months and 1 year. For repeat offenders or cases involving higher BAC levels, the suspension could be much longer. A suspension can severely disrupt your ability to commute to work, school, and other daily activities, making it critical to take the necessary steps to challenge this suspension when possible.
Jail Time
In Colorado, jail time is not always required for first-time DUI offenders, but it’s a possibility. First-time offenders can face up to one year in county jail. However, for repeat offenders or individuals who caused injuries or fatalities while under the influence, jail time may be mandatory and longer in duration.
Probation and Alcohol Education
In many DUI cases, judges will order offenders to attend alcohol education classes or counseling. This is especially true for first-time offenders, as the court seeks to address any potential alcohol abuse issues. Additionally, you may be placed on probation, which requires you to follow strict guidelines set by the court. Violating probation could lead to more severe penalties, including jail time.
Increased Penalties for Repeat Offenders
If you have a history of DUI convictions, the penalties for a subsequent offense can be much more severe. Repeat offenders can face longer license suspensions, higher fines, mandatory jail time, and more. The court may also order the installation of an ignition interlock device (IID), which prevents your vehicle from starting if alcohol is detected on your breath.
What Defenses Can Help in a DUI Case?
Just because you’ve been arrested for DUI doesn’t mean you are automatically guilty. There are several possible defenses your attorney may use to challenge the charges. Some common defenses in DUI cases include:
Improper Stop
If the police officer did not have a valid reason to stop your vehicle, any evidence gathered during the stop may be inadmissible in court. Your attorney may argue that the officer lacked probable cause, which can lead to a dismissal of your case.
Questionable Sobriety Test Results
Field sobriety tests (FSTs) and breathalyzer tests are not perfect and can be influenced by various factors such as medical conditions, the environment, or improper administration. Your attorney may challenge the validity of these tests to raise doubt about your guilt.
Inaccurate BAC Testing
If your BAC test results were inaccurate, your lawyer can challenge the reliability of the test or how it was administered. Breathalyzer machines must be properly maintained and calibrated, and errors in these processes can lead to faulty results.
Hiring the Right Attorney for DUI Defense in Colorado
The best way to protect your rights and minimize the consequences of a DUI arrest is by hiring an experienced DUI defense attorney. At Hebets & McCallin, we understand the stress and confusion that come with DUI charges. Our team of skilled attorneys specializes in DUI defense in Colorado and is ready to help you navigate the legal process.
Facing a DUI charge can be intimidating, but with the right legal help, you can fight the charges and potentially reduce the penalties you face. Whether it’s challenging the evidence, seeking a plea deal, or ensuring that you meet all the necessary requirements during your court process, Hebets & McCallin is here to offer guidance and support. Don’t leave your future to chance – contact us today for a free consultation and learn how we can help you defend your case.
