Denver Metro Area DUI Court Process

Colorado DUI charges involve a two-step process: The Administrative Hearing through the Colorado Department of Motor Vehicles will determine your driving rights, while the criminal case will determine punishment, including fines, jail time and community service, in the event that you are found guilty.

The Denver DUI Attorneys at Rosenthal & Heymann offer comprehensive defense to anyone facing drunk driving charges in the Denver area, including Lakewood, Englewood, Boulder and Aurora. By representing you at the DMV Hearing, our attorneys can not only fight for your driving rights, but will also have the opportunity to get a first-look at the criminal case against you.

Denver DUI – DMV Administrative Hearing

A motorist charged with drunk driving has just 7 days to request a hearing to contest the suspension of their driver’s license through the Colorado Department of Motor Vehicles. At the time of your arrest, an officer should have provided you with an Affidavit and Notice of Revocation, notifying you of the process.

Typically, a Colorado DMV hearing will be scheduled 30 to 45 days after an arrest and will determine:

• Probable cause: Whether or not an officer had a legitimate reason for stopping you and placing you under arrest for driving under the influence.
• Blood-Alcohol Level: Whether or not your breath or blood test was over the legal limit of .08.
• Rights: Whether or not you were properly notified of your legal rights.

Your driving rights will be suspended if it is determined you were operating a motor vehicle with a blood-alcohol level of .08, in violation of state law. The limit for a suspension is .02 for those under 21 and .04 for commercial drivers. Your license will also be suspended in the event that you refused to take a breath or blood test.

Denver DUI – Criminal Proceedings

Some of the same evidence presented at the DMV Hearing will also be relied upon by prosecutors in the criminal case, which is why we believe representing clients in both proceedings offers the best chance to build a successful defense.

Upon arrest and release, you will be issued a summons, which details the charge against you and notifies you of your court date for arraignment.

• Arraignment: At an arraignment, a defendant charged with DUI will be asked to enter a plea, typically not guilty. Hopefully by now you have consulted with an experienced Denver DUI Attorney and understand the steps you need to take to protect your rights.
• Pre-Trial: Prosecutors and the defense meet at pre-trial to discuss issues regarding the case and explore the possibility of reaching a settlement.
• Suppression Hearing: In many drunk driving cases, properly preparing and arguing a Motion to Suppress Evidence is the most critical part of the case. An experienced attorney may challenge the results of field sobriety tests or breath-test results, as well as the training or conduct of officers involved. Successfully excluding evidence in a DUI case can result in a dismissal of the charges against a client.
• Trial: If an experienced attorney believes taking the case to trial is in a client’s best interests, the case will proceed to trial.

The typical time frame for resolving a Colorado drunk driving case is 3 to 12 months. If you are facing a DUI charge in the Denver area, contact Rosenthal & Heymann today for a free and confidential appointment to discuss your rights.

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

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