A DUI (Driving Under the Influence) arrest in Colorado can be a stressful and overwhelming experience. Whether you are a first-time offender or have prior convictions, understanding the legal process and your rights is crucial. From the moment you’re pulled over, there are several important steps in the legal process that could significantly impact the outcome of your case. This guide walks you through the process, providing clarity on what to expect and how to prepare.
What Happens After You’re Pulled Over? 
When you’re pulled over on suspicion of driving under the influence, there are several things the officer will do. First, they may ask for your driver’s license, registration, and insurance. They will likely ask if you have been drinking or using drugs. At this point, the officer may ask you to take a field sobriety test or submit to a breathalyzer test. If they believe you are under the influence, you will be arrested, taken to a detention center, and possibly asked to submit to a blood test.
The Arrest and Booking Process
Once arrested, you will be taken to a police station or jail for booking. This process involves providing your personal information, taking fingerprints, and sometimes taking a mugshot. During booking, you will also be asked to take a chemical test, such as a breath or blood test, which measures your blood alcohol content (BAC). If your BAC is over the legal limit of 0.08%, your case will proceed in the criminal justice system.
The Colorado DMV Hearing
After your arrest, you must request a hearing with the Colorado Department of Motor Vehicles (DMV) within seven days to contest the suspension of your driver’s license. If you do not request a hearing, your license will automatically be suspended for at least 9 months. During the hearing, you can challenge the evidence against you, and an administrative law judge will decide whether your license should be suspended.
First Court Appearance: The Arraignment
Your first court appearance is known as an arraignment. This is where you will be formally charged with a DUI and will have the opportunity to enter a plea. You may plead guilty, not guilty, or no contest. If you plead not guilty, your case will proceed to trial. It’s important to have an experienced DUI defense attorney with you at this stage to help you understand your options and the potential consequences of your plea.
The DUI Trial Process
If your case goes to trial, the prosecution will present evidence to prove that you were driving under the influence. Your defense attorney will have the opportunity to cross-examine witnesses and challenge the evidence. Depending on the circumstances, your attorney may present evidence of faulty testing or other legal defenses that could lead to reduced charges or even dismissal of the case.
DUI Sentencing in Colorado
If you’re convicted of DUI, the penalties can vary depending on factors such as prior convictions, BAC level, and whether there were any aggravating circumstances (such as causing an accident). For a first offense, the penalties can include fines, license suspension, mandatory alcohol education classes, and possibly jail time. A second or third DUI offense can lead to harsher penalties, including longer license suspensions and mandatory treatment programs.
DUI Defense Strategies
There are several defense strategies that can be used in a DUI case. Your defense attorney may argue that the officer did not have probable cause to stop you, that the field sobriety tests were flawed, or that the breathalyzer test was inaccurate. A skilled attorney will work with you to build the strongest defense possible, potentially reducing your charges or getting the case dismissed altogether.
If you are facing a DUI charge in Colorado, it’s crucial to understand the legal process and seek experienced legal representation. The Law Firm of Mark S. Hanchey and Ben Peterson offers free consultations and can help you navigate the complexities of DUI defense. With their help, you can protect your rights and work toward a favorable outcome in your case.