CO DUI & DWAI CASES: The Court and The DMV
The thing to remember is that your DUI/DWAI case has two (2) components:
1) The criminal component.
2) The Department of Motor Vehicles component.
The criminal case will involve the court system and the District Attorney with consequences that can include fines, classes, victim impact panels, useful public service, restitution, and jail time. The Department of Motor Vehicles component of your case is just as serious as it involves your ability to drive, which can be suspended for a year or more depending on the complexities of your case.
If your license has been taken, you have 7 days to request an administrative hearing from the Department of Motor Vehicles. Once you request the hearing, you will have roughly another 60 days to drive. You should make that request immediately because you cannot get your ability to drive back after the 7 days. If your license was not taken from you, keep an eye on the mail for a letter from the Department of Revenue that will notify you of any license revocation and then follow the steps above.
As to the criminal case, you have options…you can challenge the stop, review the validity of your test, as well other strategies. Let’s review your case together to find the best way to defend you. You can be sure that if the police or district attorney make a mistake with your case, which happens more often than you would think, we will make sure they are held accountable.
YOUR RIGHTS IF YOU ARE STOPPED FOR DUI/DWAI
- DO NOT ADMIT YOU’VE BEEN DRINKING!!!
- Be polite! It makes a difference.
- Politely offer your license and registration and say as little as possible.
- If the officer asks you to get out of the vehicle, ask if it’s an order. If it is…COMPLY. If not, ask to leave.
- You can decline the roadside tests. They are voluntary. They just give evidence against you.
- You can decline the roadside breathalyzer (It’s not the same as the one at the station!). It is voluntary and gives evidence against you.
- Ask if you are under arrest. If not, ask if you can leave.
- If you are taken in, (which you may be), you can TAKE A BREATHE OR BLOOD TEST AT THE STATION! You are likely to lose your license if you refuse to test. Consider the blood test so you can have your blood retested.
- BE POLITE and DO NOT ADMIT YOU’VE BEEN DRINKING!!!
- Once you are released, call us immediately at 720-248-8547.