The DUI Process in Colorado
The DUI process begins the moment the police officer suspects impaired driving and begins an investigation. It is rare when an officer who initially suspects impaired driving ultimately does not make an arrest. If you are placed under arrest the officer will request that you submit to a blood or breath test. If your blood alcohol content comes back at over 0.05 BAC, you will be charged with a drinking and driving offense. Do not despair. Just because the government has a breath or blood test against you, it does not mean that you cannot get your case dismissed.
Learn more about the DUI process by hearing directly from Mr. Cessna in his video center!
Denver DUI Process Video
DMV Hearing
If your BAC comes back at 0.08 or above, or if you refused to submit to a chemical test, the Division of Motor Vehicles (DMV) will initiate a civil administrative hearing against you in an effort to revoke your driver's license for at least 9 (nine) months. If this action is initiated against you, you then have only 7 (seven) days to request a hearing with the DMV. It is vital that you request this hearing. And we encourage you to do so in person at DMV.
Until the time of your hearing, you will be given temporary driving permit which will be extended as long a hearing is scheduled within 7 days. If you win at the hearing and your case is dismissed, you will get your original driver's license back. If you lose at the hearing, your license will immediately be revoked for 9 (nine) months if it’s your first DUI per se offense and you submitted to a breath or blood test. Second offenses result in a one year revocation. If you refused a chemical test, the revocation is one year, and may be up to two or even three years if you have prior refusals.
Contact our office to learn about if you qualify for a Provisional Driver's License (PDL), or what many refer to as a "Red License."
Arraignment
In addition to a license suspension hearing, you will also have to address your DUI charges in criminal court. The criminal process for DUI begins with the arraignment. The arraignment is where you’ll be advised of your rights and you can enter your plea of guilty, not guilty, or no contest. If you retain an attorney, this arraignment date will be vacated and a pre-trial conference will be set usually 4 - 6 weeks after the arraignment date. At that time, both client and attorney will appear for this pre-trial conference date.
Pre-Trial Conference
The pre-trial conference gives your attorney a chance to discuss the case with the district attorney (DA) who will be prosecuting the case for the state. At the pre-trial conference, your attorney will try to negotiate with the prosecution for a reduction or dismissal of the charges (a plea bargain). If you're attorney does not have extensive formal training or experience with the scientific evidence surrounding the standardized field sobriety testing and the chemical blood or breath testing, then you and your attorney will not have a lot of leverage in negotiations. Many inexperienced attorneys and defendants actually believe that the fact that they have never been in trouble before, or that they have started taking alcohol classes will be enough to get the alcohol related charges dismissed. They could not be more incorrect.
If your attorney cannot convince the deputy district attorney that his or her evidence is fatally flawed, the DA will not dismiss these charges and will be ready to proceed to trial at your next court date. This is why it is so important to hire an attorney who truly knows the scientific evidence behind the evidence that the government holds against you .
Suppression Hearing
If you reject the DA's offer, your case will be set for a motions hearing (or suppression hearing) and trial. You and your attorney will almost certainly proceed to pre-trial motions. At that time the court may decide to suppress some or all of the evidence being brought against you. The court will only suppress evidence if your constitutional rights were violated, or if your attorney can prove the police officer obtained the evidence unlawfully.
Trial
If your case proceeds to trial, a judge and jury will hear testimony, and review evidence. The jury will then listen to closing arguments from both sides. At the end of the trial, the jury will reach a verdict to determine if you have been found guilty or not guilty.
Many people looking to hire an attorney think that all attorneys are actually experienced trial attorneys or litigators. This assumption could not be farther from the truth. Very few attorneys who take DUI cases actually have any trial experience since they have made it a habit of pleading their clients out - most often to a drinking and driving conviction. At this critical moment you need an experienced trial attorney. And you need a experienced trial attorney who understands the scientific evidence that the government will use against you.
Sentencing
If you are found guilty at trial, the judge will impose a sentence, which typically includes such penalties as fines, driver’s license suspension, time in jail, community service, mandatory DUI school, and probation. The Denver Post estimated that a DUI conviction can cost a defendant almost $10,000.00 over the course of the probationary period .
Contact Denver DUI Attorney Chris Cessna
If you have been arrested on DUI charges in the Metro Denver area, please don’t hesitate to contact the Law Office of Christopher H. Cessna. Mr. Cessna can review your charges, advise you of your rights under the law, and inform you of what you can expect to face during the DUI process. With Denver DUI lawyer Chris Cessna defending you throughout the DUI process, you will have a much better chance of resolving your case in the best possible outcome.
Contact Denver DUI attorney Chris Cessna today at (303) 456-1600! Boulder DUI Lawyer