My First Drunk Driving Offense

Being arrested for drunk driving in Colorado can result in jail time, the suspension of your driver’s license, significant fines and court costs and a criminal record that lasts a lifetime. Each year, as many as 20,000 Colorado motorists are arrested and charged with DUI for the first time. Unfortunately, most of them lack the knowledge or experience of the criminal justice system and many will not take the steps necessary to protect their rights.

The Denver DUI Attorneys at Rosenthal & Heymann believe that fighting a first-offense charge of driving under the influence is the best move you can take to protect your rights, your freedom and independence and the future financial well-being of you and your family.

In many ways, a first-offense DUI is the most important drunk driving charge to fight and the easiest one to defend. Someone is arrested for drunk driving every 15 minutes in Colorado – or about 30,000 times a year. In two-thirds of those cases, the offender has no previous drunk driving charges on his or her record.

However, 10,000 are arrested each year on a subsequent charge. This means, less than 1 percent of Colorado’s 5 million residents face a DUI charge each year – but about one-third of those who are charged have previously been arrested and convicted of drunk driving. While advocates argue habitual offenders are arrested for repeated violations, we don’t think that tells the whole story. What seems clear is that you are much more likely to be busted for drunk driving once you have a previous conviction on your record and are stopped or otherwise targeted by law enforcement.

The first thing you need to understand about being arrested for DUI is that Colorado law requires two separate defenses: An Administrative Hearing through the Colorado Department of Motor Vehicles and a criminal court case.

Colorado DMV Administrative Hearing

• If you failed a breathalyzer examination, the officer probably confiscated your driver’s license and gave you an Affidavit and Notice of Revocation.
•  The Affidavit and Notice of Revocation requires that you file a written request for an Administrative Hearing with the Colorado Department of Motor Vehicles within seven days of the date of your arrest.
• Failure to request a hearing will result in the suspension of your driver’s license.
• A hearing will usually be held within 30 to 45 days of the date of your arrest. An experienced
  Denver DUI Lawyer may be able to retain your driving rights at the hearing and can request driving rights for work and other obligations in the event that your license is suspended.
• Having an attorney represent you at the DMV Hearing is also a good idea because the testimony of the arresting officer and other evidence submitted at the hearing will also be part of the criminal case; being present at the hearing will benefit your attorney as he or she prepares your defense for court.

Colorado Drunk Driving – Criminal Case

• The criminal case will decide jail times, fines, community service, probation, alcohol treatment and other court requirements if you are convicted.
• A summons, issued at the time of your arrest, will tell you when you must appear in court for arraignment.
• At Arraignment, you will typically enter a plea to the charge and other court dates will be set. If an attorney is representing you, then he or she will be in the best position to advise you on how to proceed.
• Pre-Trial: A meeting between the two sides will explore the possibility of a reduction or dismissal of the charges as well as other issues specific to your case.
• Suppression Hearing: A qualified and experienced Denver drunk driving defense Attorney should file a motion to suppress evidence in your case, which may include challenging the probable cause for the car stop, or the results of the breathalyzer examination or field sobriety tests.
• Trial: If your attorney feels taking the case to trial offers the best outcome possible for you and your case – or if circumstances are such that your attorney does not feel you are being offered a fair deal – your case will proceed to trial.

Protect your rights – Contact Us Today

Those arrested for a first-offense should also fight the charge for the best of reasons: Frequently, a first-offense is the easiest case to win a reduction or dismissal of the charges. Keeping a drunk driving conviction off your record is the most important step you can take toward protecting your right to drive, your freedom and independence and your current and future financial well-being.

You may want to visit our What Now section, which offers advice on what to do following an arrest for drunk driving. In addition to consulting an experienced attorney, we suggest you write down everything you can remember about the day of the arrest as soon as possible. The law enforcement effort is meant to record evidence that will be used against you in court. Frequently, it is a one-sided account. Your job is to record everything you can remember about what was said and done during the arrest as well as what you did during the day, including what you ate or consumed. This can be valuable information for your defense weeks or months down the road when small details may be easily forgotten.

Additionally, you should save all paperwork related to the day of your arrest, as well as receipts from the restaurant or tavern where you ate or consumed alcohol. Additional information, including the names and addresses of witnesses and road or weather conditions may also assist in your defense.

If you have been charged with DUI in Denver or the surrounding area, including Boulder, Englewood, Aurora and Lakewood, contact Rosenthal & Heymann today for a free and confidential appointment to discuss your rights.

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