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The DUI process in Colorado: From arrest to resolution

On Behalf of | Nov 1, 2024 | DUI

Getting charged with a DUI in Colorado can have serious and lasting consequences. A conviction can lead to hefty fines, increased insurance rates and even jail time. It can also affect your employment opportunities and personal life.

The penalties for a first-offense DUI include up to a year in jail, fines up to $1,000, two years of probation, 96 hours of community service and possibly a mandatory ignition interlock device. Your driver’s license is also automatically revoked for nine months.

The anatomy of a DUI conviction

Understanding what happens before and after an arrest is crucial to protecting your rights and making informed decisions. Here’s a step-by-step look at the DUI process in Colorado:

  • Arrest: If law enforcement suspects impairment, they may stop your vehicle. Field sobriety tests and a preliminary breath test often follow. If the officer suspects impairment, they will arrest you.
  • Further testing: Following the arrest, you must undergo chemical testing to determine your blood alcohol content. Refusing can lead to immediate penalties.
  • Booking and detention: An officer will transport you to a police station for booking, including fingerprinting and photographing. They may hold you until you are sober or you post bail.
  • Administrative penalties: Your license may be suspended, and you have a limited time to request a hearing to contest this suspension.
  • Court proceedings: You will appear in court for an arraignment, where you enter a plea. Pre-trial motions, plea negotiations or a trial may follow.
  • Sentencing: If convicted, penalties include fines, jail time, community service and alcohol education classes.
  • Post-resolution: After fulfilling the court’s requirements, you may need to reinstate your driver’s license, which could involve additional fees and proof of insurance.

Understanding the total weight of a conviction underscores why the advice of an experienced DUI attorney is crucial after an arrest.

Defending against a DUI

If you face a DUI charge, skilled lawyers pursue strategies to help reduce penalties or dismiss charges. Common defenses include questioning the legality of the traffic stop, the accuracy of field sobriety tests or the validity of chemical tests.

A knowledgeable DUI attorney can evaluate the specifics of your case and develop a strategy to protect your rights. They can challenge evidence and negotiate with prosecutors for reduced charges or alternative sentencing. While the process is complex, legal guidance can make a significant difference in the outcome of your case and your future.

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