Since July 4th is one of the most dangerous driving holidays in Colorado, officials were particularly vigilant over the holiday this year, cracking down on DUI suspects with additional patrols and checkpoints.
In Denver, police conducted two checkpoints, making contact with over 1,000 people and arresting seven people for DUIs. They do it because of stories like this one. A single man from Utah caused injuries to five people due to his alleged drunken driving.
Unfortunately, in trying to make the roads safer, sometimes Colorado police make mistakes. Sometimes they get a bit overzealous in looking for drunk drivers.
Regardless of your situation, if you find yourself charged, it is vital for your future that you fight back. How?
What Happens after a Colorado DUI Arrest and How You Can Fight Back
If you are arrested or charged, your first call should be to an experienced Colorado DUI attorney, who can advise you on the best course of action for your unique situation. It’s even best to keep details of the event temporarily under wraps from family and friends, if possible, because the prosecution may call upon them to testify against you. The details of your situation should only be shared with your lawyer once your charge is filed.
A charge of driving under the influence puts you at risk for several layers of punitive action. You may face fines, community service requirements, a suspended or revoked driver’s license, probationary measures, and possible jail time. Your costs don’t stop with fines, either. There are all kinds of monetary ways you will pay for a DUI conviction. A single incident can end up costing you thousands.
What is the legal course of action following your arrest? After the charge is filed, two proceedings follow. The Department of Motor Vehicles will determine whether your driving license should be suspended or revoked based on the evidence at hand.
At the Department of Motor Vehicles, you can request a hearing within seven days of your arrest under two conditions:
- If you refused a chemical test at the time of your arrest, or
- If your chemical test showed a blood or breath alcohol content of .08 percent or higher at the time of arrest.
Without the hearing, your license is subject to being revoked, so this is definitely something that you want to do.
At your DMV hearing, you can also request that the arresting officer is present so you have a better chance at keeping your license. Why would this help your case? Because quite often what happens when a defendant requests that the arresting officer be present is that they do not appear.
If this occurs, you can keep your license. Simple as that. If the officer does appear at the hearing, your lawyer can still contest the charges and work to protect your driving rights.
The second proceeding follows in court. A judge will process the criminal case to decide the additional penalties such as fines, increased insurance, service hours, probation, and jail time. The sentencing will depend on the specific details of your case.
When you receive a DUI charge in Colorado, it is permanently added to your record. That’s why it’s important for you to seek legal counsel immediately. You can get help in fighting your charges and reducing your sentencing. Contact a qualified drunk driving lawyer today to receive the assistance you need.
About the Author:
Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012” and “Top 100 Trial Lawyers in Colorado” for 2012 and 2013 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. She has also been recognized for her work in domestic violence cases.
