Denver DUI Court Process
Colorado’s Process for DUI Cases
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 DUI penalties fines, jail time and community service, in the event that you’re found guilty of a DUI.
The Denver DUI attorneys at The Law Firm of Jeremy Rosenthal offer a comprehensive defense to anyone facing drunk driving charges in the Denver, Colorado area.
By having DMV hearing representation, our experienced DUI 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.
Learn what you can expect from the DUI court process and DMV hearings to make an informed decision on getting legal representation throughout the entire process.
Denver DUI – DMV Administrative Hearing
- You have just seven days from the date of your arrest to request a hearing to contest the suspension of your driving rights through the Colorado Department of Motor Vehicles.
- Failure to request a hearing will result in the loss of your driving rights.
A motorist charged with drunk driving has just seven 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 Colorado 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.
Find out more about DMV hearings and what to expect, and why you need representation from a qualified Colorado DUI attorney.
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 a 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.
- Pretrial: Prosecutors and the defense meet at pretrial 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 Colorado DUI 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 DUI defense 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 three to twelve months.
If you’re facing a DUI charge in the Denver area, and need DMV hearing representation, call us today for a FREE consultation at 303-573-0543 or contact us online
The Law Firm of Jeremy Rosenthal – Call 303-573-0543 – Free Consultation
Denver DUI and Criminal Defense Attorney, Jeremy Rosenthal aggressively defends DUI cases, medical marijuana related legal issues, and criminal defense cases. The Law Firm of Jeremy Rosenthal - Denver, Colo