If you’ve recently been arrested for a DUI in Colorado, it’s normal to feel overwhelmed, confused, and unsure about what steps to take next. However, acting quickly and decisively is critical in protecting your rights. Acting quickly will minimize potential penalties and prepare you for the legal process ahead.
Step 1: Stay Calm and Cooperate During the Arrest
After being stopped by law enforcement, it’s important to remain calm and respectful. While you have the right to stay silent, it’s best to politely provide requested documents, like your ID, proof of insurance, and vehicle registration.
Keep in mind that under Colorado’s Express Consent Law, drivers are required to submit to a chemical test (such as a breath or blood test) if suspected of DUI. Refusing a test can lead to harsher consequences, including automatic license suspension and being labeled as a “persistent drunk driver.”
If you’ve already undergone the test or refused, focus on keeping your composure to avoid further complications.
Step 2: Understand Charges and Consequences
A DUI arrest is serious. Colorado has strict DUI laws, and penalties can be severe, depending on factors like your blood alcohol concentration (BAC), prior convictions, and whether there were aggravating factors (e.g., an accident or injury).
Here’s a quick breakdown of potential penalties for a first-time DUI in Colorado:
- Fines ranging from $600 to $1,000
- Jail time between 5 days and 1 year (with potential for alternatives like probation or community service)
- License suspension for up to 9 months
- Mandatory alcohol education or treatment programs
If this is not your first offense, penalties can escalate significantly, including longer jail time, higher fines, and extended license revocation.
Step 3: Request a DMV Hearing Within Seven Days
A DUI arrest in Colorado triggers both criminal court proceedings and an administrative process with the Department of Motor Vehicles (DMV). Your license may be suspended unless you request a hearing with the DMV within seven days of your arrest.
To protect your driving privileges, act quickly:
- Contact the nearest DMV office to schedule your hearing.
- Prepare to examine evidence, such as police reports and test results, to challenge the suspension.
Failing to request a hearing within the seven-day window will result in an automatic suspension of your license.
Step 4: Consult an Experienced DUI Attorney
One of the most important steps you can take is hiring an experienced Colorado DUI attorney. Navigating DUI laws and court procedures without legal expertise can lead to mistakes that harm your case.
A skilled DUI attorney can:
- Review the evidence, such as field sobriety test results and police reports, to identify weaknesses in the prosecution’s case.
- Advocate on your behalf at the DMV hearing to challenge the license suspension.
- Negotiate potential plea bargains, reduced charges, or alternative sentencing options.
- Represent you in court to safeguard your rights and build a strong defense.
Hiring an experienced attorney early in the process can significantly impact the outcome of your case.
Step 5: Prepare for Court and Build Your Defense
If your case proceeds to court, preparation is key. Your attorney will guide you through the process, but here are a few steps you’ll likely take:
- Understand the timeline and process of your case. Colorado DUI cases typically involve arraignment, pretrial hearings, and possibly a trial.
- Gather evidence, such as witness statements, photographs, or documentation of any medical conditions that may have affected test results.
- Discuss potential defense strategies with your attorney. Common defenses may include improper field sobriety testing, a violation of your rights, or inaccurate chemical test results.
Step 6: Comply with Court Orders and Mandatory Programs
To resolve your case, you may be required to complete specific court-ordered programs, such as alcohol education classes, treatment programs, or community service. Carefully follow all instructions and deadlines to avoid further penalties or complications.
Some courts might allow alternative sentencing options, such as probation, instead of jail time. If offered, take advantage of these opportunities to demonstrate rehabilitation.
Step 7: Rebuild and Move Forward
A DUI arrest can feel overwhelming, but it doesn’t define you. After addressing the legal and administrative matters, take proactive steps to rebuild your life:
- Reflect and learn: Use this experience to make positive changes, such as reevaluating your relationship with alcohol.
- Seek support: Connect with trusted friends, family, or counseling services to help process the experience and move forward.
- Stay informed: Learn about ignition interlock devices (if required) and other steps to reinstate your driving privileges.
- Commit to safe driving: Make a commitment to avoid driving under the influence in the future, protecting both yourself and others on the road.
Work With Colorado Springs DUI/DWAI Defense Attorneys
Being arrested for a DUI in Colorado is a serious matter, but there is a path forward. By understanding the legal process and taking proactive steps, you can minimize the consequences and begin rebuilding your life.
If you’re facing a DUI charge in Colorado, don’t leave your future to chance. The Gasper Law Group understands the severe consequences that DUI can inflict on the lives of well-meaning individuals and their loved ones. This is why we work to protect your rights and preserve your freedom after drunk driving offenses. Our experienced DUI attorney can make all the difference.
Need help after a DUI arrest? Call us at (719) 212-2448 to schedule a consultation today and build a strong defense.