Colorado DUI Arrest

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Colorado Springs DUI Arrest Attorney

Colorado DUI Arrest: Were You Arrested for DUI? You ONLY Have 7 DAYS to Request A DMV Hearing.

Have you been arrested for driving under the influence of drugs or alcohol in Colorado? If so, read on for more information about the state’s DUI arrest process, laws pertaining to DUI charges in Colorado, and why it is important to talk to an experienced attorney as soon as possible.

 

What Do I Need to Know About DUI Arrest in Colorado?

A DUI charge in Colorado is a serious situation that can result in stiff penalties including incarceration, license suspension, and fines upon conviction. In addition, you can be forced to complete community service hours and to attend alcohol education classes either in person or online.  Hiring an attorney who is experienced in defending those who have been charged with DUI is extremely important as your attorney can work on getting your charges reduced through plea negotiations or may even be able to help you to get the charges dropped as a result of faulty tests, improper procedure, or violations to your rights.

If you have been arrested…

Your FREEDOM is potentially at stake. A conviction can have a huge impact on your job, relationships, and your future. You need to act fast.

Here Are the Colorado DUI Laws You Need to Understand

Colorado’s DUI laws are progressive, meaning that the consequences get more severe with each conviction. There are also stricter penalties for higher levels of intoxication. The sentencing guidelines are as follows:

  • Upon conviction of your first DUI offense in Colorado, you face up to one year in jail, a fine of up to $1,000, a nine-month revocation of your license, up to 96 hours of community service, and alcohol education classes. Each subsequent DUI conviction within a ten-year look-back period poses higher penalties, a longer period of license revocation, and more community service hours.
  • The legal level of intoxication is .08 percent blood alcohol concentration (BAC). However, if your BAC is at .15 percent or higher, you will be considered a persistent drunk driver, even on your first offense.
  • If you refuse to submit to chemical testing to determine the alcohol concentration in your blood or breath, you can be designated as a persistent drunk driver, and be required to undergo alcohol education classes and mandated to have an ignition interlock device placed on your vehicle for at least one year.
  • If you have been convicted of a DUI in another state within the past ten years, it can count as a Colorado DUI conviction and subject you to higher penalties if you are convicted of DUI in Colorado.

 

Colorado DUI Arrest Process

The Colorado DUI arrest process includes the following steps:

  • Your choice of tests: When you are arrested on suspicion of DUI, you are given the choice to submit to either a blood test or a breath test. You do not have to be read your Miranda rights before being given these tests. You can also refuse to take either test. However, if you refuse to take a blood alcohol or breath alcohol test, you will be automatically charged with a DUI and will lose your license. If you submit to the test and the results reveal an intoxication level over the limit, you will also face a DUI charge and suspension of your license as well as other penalties.
  • Express Consent Hearing: If your license is suspended, you can contest the suspension within 60 days after your arrest through an express consent hearing. This hearing, which you must request within 7 days following your arrest, is generally held at your local DMV office, can help you to regain the use of your license as you continue on through the DUI legal process.
  • Arraignment: This is the initial hearing about your DUI process in which you are made aware of the charges against you and the penalties you face upon conviction. Your attendance at the arraignment is required; if you miss this hearing, a warrant will be issued for your arrest. However, if you have a DUI lawyer representing you, sometimes they can appear at this court date for you saving you a trip to the courthouse. 
  • Pre-trial negotiations: Your attorney will meet with the prosecutor in an attempt to negotiate a plea deal in your case.
  • Trial by jury: If a plea deal cannot be negotiated in your case, litigation begins. Litigation includes the examination and cross-examination of witnesses as well as the presentation of evidence. Your attorney may attempt to get some of the prosecution’s evidence suppressed, such as the results of your breath or blood alcohol test. This means you would have a motion hearing before trial. 
  • Sentencing: After the presentation of evidence and the examination of witnesses, the jury will decide if the prosecution made its case and decide whether to convict you of the DUI charge. If you are convicted, the judge will determine the sentence that will be imposed in accordance with the state’s sentencing guidelines.

 

Should I hire a Colorado Springs DUI lawyer?

Yes, if you have been arrested for a DUI, hiring a lawyer is an essential act that is necessary in order to reduce the penalties you face and to protect your freedoms. You should contact a Colorado Springs DUI lawyer immediately if you have been arrested or charged with DUI. In Colorado, you only have seven days from the date of your arrest to request an administrative hearing from the DMV if you choose a breath test or refuse testing, otherwise, your license will be automatically suspended. If you choose a blood test you only have seven days from the date of your blood results to request a hearing. You will want to have an experienced DUI lawyer or your side to make sure you have the best chance possible at keeping your license.

 

We understand that mistakes happen. When they do, you need an experienced Colorado Springs DUI attorney to defend you. We can analyze your circumstances and prepare a proper defense. We know what constitutes a DUI in Colorado. We also know the judges and prosecutors and will strive to get you the most favorable outcome.

 

Colorado Springs DUI Attorney Near You

What is a DUI? If you are unsure and need help navigating the Colorado DUI laws, contact Right Law Group today for a free case evaluation. You may be able to keep your license. Call us now to get help. An experienced Colorado Springs DUI lawyer can help get you through this. Contact us today for a FREE consultation.

Frequently Asked Questions

After a DUI arrest in Colorado, your license will automatically be suspended unless you request an administrative hearing with the DMV. You only have seven days to request this hearing so you need to act fast.

DUI (Driving Under the Influence) is a criminal offense, so if you are charged with a DUI, yes that does count as an arrest. Even if the officer does not take you to jail, if they tell you they are arresting you for DUI, then you have technically been arrested. Whether you are then convicted or not will determine how the case progresses in court in the future.

In Colorado, a DUI charge is for someone found driving a vehicle while under the influence of alcohol, generally meaning they had a blood alcohol content (BAC) of .08 or higher, or under the influence of drugs. If you are charged with a DUI in Colorado, you need to request a hearing with the DMV within seven days – otherwise your license will automatically be suspended. After you are charged, you should contact an experienced DUI attorney to walk you through the necessary steps.

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