What If I Am From Out-of-State & I Get A DUI?

Out-of-state residents charged with drunk driving in Colorado face significant roadblocks to seeking justice. Often, visiting residents are tempted to just plead guilty in an attempt to put the incident behind them. However, a conviction will often follow you home. And complying with court sanctions can be a difficult and cumbersome process that can even lead to additional charges or sanctions for residents who attempt to ignore them by returning home.

The Denver drunk driving defense lawyers at Rosenthal & Heymann can help. Our firm works with out-of-state residents to protect their rights while making the legal process as predictable, understandable and painless as possible

If you failed a breathalyzer examination, the arresting officer likely confiscated your out-of-state driver’s license and issued you an Affidavit and Notice of Revocation. You have just 7 days from the time of your arrest to file a written request for a hearing to contest the suspension of your driving rights. Typically, the Administrative Hearing through the DMV will be held 30-45 days after your arrest and a temporary license will be issued, pending the outcome of the hearing.

Colorado Drunk Driving Charges
DMV Administrative Hearing

The first thing out-of-state residents need to understand is that Colorado law uses a two-stage process for those charged with DUI. An Administrative Hearing through the Colorado Department of Motor Vehicles will determine your rights to drive.

A hearing must be requested within 7 days of the date of your arrest or your driver’s license will be automatically suspended. The DMV hearing is separate from the criminal case, which will decide jail time, fines and court costs, community service, alcohol treatment and other sanctions as a result of a DUI conviction.

 Source: Colorado Law

Sometimes, an out-of-state resident mistakenly assumes a charge will go away with the passage of enough time. However, statute of limitation only applies to charges that are not filed. Once you have been charged, the criminal case will be active for as long as it takes to bring you before the court and a conviction will remain on your record for life.

Unless you hire an attorney, you must appear in court on the date of your summons. And several additional appearances are typically required to resolve your case. However, an experienced Denver DUI attorney can sometimes resolve your case without you ever having to return to Colorado. At a minimum, an attorney should be able to arrange any appearance required by a judge in a manner that makes reasonable accommodations to your schedule.

Additionally, a Colorado attorney experience in handling DUI charges for out-of-state clients can sometimes work with the court to waive probation of community service requirements.

Failure to appear in court is not a good option and will result in a hold being placed on your license by the State of Colorado, which will prevent you from renewing or obtaining a driver’s license in most states. You may also be taken into custody and held in your home state on an arrest warrant issued by the State of Colorado. If you plead guilty, but fail to comply with community service or other terms of your conviction, you may also be arrested and face a return trip to Colorado for a probation violation.

Being charged with Colorado DUI as an out-of-state residence is unquestionably a hassle. Don’t make it worse by attempting to hide from the charge or by entering a quick plea before returning home. Contact the Denver DUI Lawyers at Rosenthal & Heymann for a free and confidential consultation to discuss your rights.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation