How Long Does a DUI Case Usually Take in Colorado? 
DUI cases in Colorado can take a wide range of time to resolve. Generally speaking, the process can take anywhere from several months to a year. The specific duration depends on several factors, including whether the case proceeds quickly through negotiations or whether it involves a lengthy trial. It’s essential to understand the general phases of a DUI case, the key events involved, and how each can affect the timeline. If you’re facing DUI charges, the Law Firm of Mark S. Hanchey and Ben Peterson can help guide you through every step of this legal process with experienced legal counsel. Initial Steps After a DUI Arrest
After being arrested for DUI in Colorado, the first critical step in the process is your initial court appearance, also known as an advisement hearing. This hearing typically takes place within a few days of your arrest. During this appearance, the judge will inform you of the charges against you, the bond conditions, and the rights you have moving forward. At this point, you will have the opportunity to enter a plea—guilty, not guilty, or no contest. If you plead guilty at the advisement hearing, your case may be resolved quickly, and sentencing may be scheduled within a few weeks. However, most people who are arrested for DUI choose to fight the charges, which sets the stage for the next steps.The Pre-Trial Phase
Once you plead not guilty, the case enters the pre-trial phase. This phase can take several weeks or even months, depending on how the case is handled. During this period, both the defense and the prosecution prepare for trial. The defense may file motions to suppress evidence, request discovery from the prosecution, or file for a dismissal. Additionally, both sides may engage in settlement negotiations. If the case proceeds with a plea deal, the process can be expedited, but if it is not resolved through negotiation, the case will go to trial. The pre-trial phase involves significant legal paperwork and scheduling, so it’s not uncommon for this stage to extend over a couple of months. Both sides may need time to gather expert testimony, review evidence, and conduct investigations.
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Negotiating a Plea Deal
Many DUI cases are resolved without going to trial, thanks to plea negotiations between the defense and the prosecution. Plea deals can significantly shorten the length of the case. When negotiating a plea deal, the defense attorney will work with the prosecutor to agree on a reduced sentence, such as a plea to a lesser offense or a reduction in charges. While some plea negotiations may be completed in a few weeks, the timeline for negotiating a deal can vary. Complex cases, particularly those involving prior DUI offenses, high blood alcohol content (BAC), or other aggravating factors, may take longer to resolve through negotiation.Trial Phase: When Your Case Goes to Court
If your case does not settle through a plea deal, it will move to trial. The trial phase is often the most time-consuming part of the entire DUI process. DUI trials can last anywhere from a few days to several weeks, depending on the complexity of the case. During the trial, the prosecution will present evidence, including police reports, chemical test results, and testimony from law enforcement officers. The defense will also present their evidence and may call witnesses to testify on your behalf. If expert witnesses are involved, such as those providing testimony regarding chemical tests, this can lengthen the trial. After all the evidence is presented, both sides will make closing arguments, and the judge or jury will deliberate and issue a verdict. The verdict may take a few days after the trial ends to be delivered.Bridgette Carabajal
I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.
Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
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What Affects the Timeline of a DUI Case in Colorado?
Several factors can influence how long your DUI case will take to resolve. Here are a few of the most important:- Court Availability: The schedule of the court and judge can impact how quickly your case progresses. Busy courts with large caseloads can cause delays, especially if your case is not prioritized.
- Plea Negotiations: A case may be resolved quickly if the defense and prosecution can agree to a plea deal. However, negotiations can also be drawn out if both parties are far apart on their terms.
- Complexity of the Case: If there are complicated legal issues or multiple motions filed (e.g., to suppress evidence), your case may take longer to resolve. Additionally, if there are expert witnesses involved, this can extend the timeline.
- Aggravating Factors: DUI cases involving high BAC levels, prior offenses, accidents, or injuries may take longer to resolve. These cases often require more preparation, both in terms of legal strategy and evidence gathering.
Factors That Can Speed Up or Slow Down the Process
- Simple Cases: If there are no complex legal issues, no motions to suppress evidence, and both sides agree to the facts, the case may move quickly. For example, first-time offenders with a low BAC might resolve their case in a few months if they agree to a plea.
- Challenges in Case: A DUI case that involves complex legal motions, especially when contesting the validity of evidence such as breathalyzer results, could take longer. Additionally, if the prosecution or defense needs more time to gather expert testimony, this will extend the timeline.