Arrested for DUI? Here are the first steps to take in Colorado.
If you are arrested and charged with driving under the influence (DUI), the initial steps you take can make a huge difference in the ultimate court case result. With over 25 years of experience, we have litigated thousands of DUI cases and advise clients of the following to get the best results possible.
- Request the DMV hearing
Your driver’s license is not handled in the criminal court case, but through a separate action with the Colorado Department of Revenue’s Division of Motor Vehicles. You may have as little as seven days to preserve your driver’s license.
If you submitted to a breath test with a result of 0.08 or more (or 0.02 or more if you are under 21), then the officer will have taken your driver’s license and issued you a document titled Express Consent Affidavit and Notice of Revocation. This is formal notice that your license will be revoked for at least nine months due to your breath test result. The officer will also take your license and issue you this Express Consent Affidavit if the officer alleges you refused a breath or blood test. In either event, it is imperative to request a hearing with the Colorado Department of Revenue within seven days to obtain a driving permit and a future hearing to contest the breath results or refusal.
If you submitted to a blood test, the arresting officer should have returned your driver’s license to you as the blood results will take some time to be returned with a result. If your blood results are 0.08 or more (or 0.20 or more if you are under 21), you will be sent this driver’s license revocation paperwork in the mail and must request the hearing within ten days of its mailing.
If you or your attorney does not timely and properly request this hearing, your driver’s license will be revoked, and you will lose the right to appeal this revocation.
- Consider Alcohol/Drug Education and Therapy
Colorado has a specific education and therapy track for DUI offenders. The length of education and therapy are based mainly on whether the driver has prior DUI offenses, the driver’s blood or breath alcohol content (BAC), or whether the driver refused testing. In order for these classes to count for both the court case and the DMV requirements, they must be licensed by Colorado Behavioral Health Administration. We advise clients what level of education and therapy to enroll in based on their individual circumstances.
- Attend a MADD Victim Impact Panel
We always recommend attending a Mothers Against Drunk Driving Victim Impact Panel, which is an evening presentation where you will hear from victims and families affected by DUI accidents. Be sure to register for the victim impact panel presented by Mothers Against Drunk Driving (MADD), as there are other classes advertised called “victim impact panels” that Colorado judges will not give you credit for.
- Consider Other Treatment
While enrolling in DUI education and therapy, as well as the MADD panel are positive steps, sometimes a person needs more. Especially when facing a multiple offense DUI, inpatient therapy or intensive outpatient therapy is warranted. Attendance at Alcoholics Anonymous or Narcotics Anonymous, or similar 12-step programs is also a benefit. Judges wish to see a person working toward rehabilitation to make sure the same bad choice is not repeated in the future.
- Hire a Respected DUI Attorney
It is critical to hire an attorney that specializes in DUI defense and has the reputation in the courts that will get you the best results. Judges and court clerks will judge you based on your choice of attorney, and prosecutors will negotiate differently when they don’t respect your representation.
There are hundreds of attorneys claiming to be DUI experts, thousands of five-star reviews, and dozens of paid-awards littering the internet and social media. The sad reality is that, like most professions, many of these five-star reviews are fake or purchased, and a lot of the awards you see attorneys market are sham, paid-for awards.
In addition, going through the court and DMV process is complicated, so you want an advocate that can clearly communicate with you and make sure you are always prepared for what to expect. No client wants to be kept in the dark about their case status or go to court feeling unprepared and overwhelmed.
- Stay Calm and Take Care of Yourself
Most DUI cases last from four months to a year. No case is resolved at the first hearing. To keep your sanity, try to stay calm and realize that time is often on your side. The best result is usually not the quickest result. Having the proper representation can assist in this regard.