Timeline of Events in a Colorado DUI Case

This timeline focuses on a first-time DUI offense in Colorado involving alcohol with a BAC below 0.15%, as this scenario presents unique opportunities for early interlock removal.

If you have been charged with a DUI, contact our offices in Colorado Springs, Highlands Ranch, or Castle Rock to get a FREE consultation.

Day 1: Arrest and Immediate Consequences

• Traffic Stop & Arrest: A driver is pulled over for suspicion of DUI. The officer may request a roadside breath test (PBT), which is not mandatory but can be used as probable cause for arrest.
• Express Consent Affidavit: The officer presents an Express Consent Affidavit form, outlining the driver’s options for a breath, blood, or refusal of a chemical test.
• Chemical Test: The driver chooses either a breathalyzer or blood test. If a blood test is chosen, results will be available later.
• License Confiscation (Potential): If the driver refuses a chemical test or their BAC is .08% or higher, the officer likely confiscates their license.
• DMV Notification: The arresting officer submits the Express Consent Affidavit to the Colorado DMV, initiating administrative action against the driver’s license.

Day 1-7: Crucial Week for Driver Action

• Request DMV Hearing: The driver has only seven days from the arrest date (or notification of blood test results) to request a DMV hearing to contest the suspension of their license. Failure to do so results in automatic license suspension.
• Secure Legal Representation: It is crucial to contact a DUI attorney immediately. The attorney can advise on the DMV hearing request, represent the driver in both DMV and court proceedings, and begin building a defense strategy.

Week 2-4: Initial Proceedings

• DMV Hearing (If Requested): The driver, with their attorney, appears before a DMV hearing officer. The officer reviews the case and decides whether to uphold or overturn the license suspension.
• First Appearance in Court: The driver receives a court date. An attorney can often appear on the driver’s behalf for this initial appearance.
• Case Assigned to a Judge: The case is assigned to a specific judge within the court system.

Month 2 – Month 6: Case Progression and Potential Resolutions

• Pre-Trial Conferences: One or two pre-trial conferences are scheduled where the defense attorney and the district attorney discuss the case. They may negotiate plea bargains, review evidence, and identify potential issues.
• Probation Interview (If Plea Deal Accepted): If the driver and attorney decide to accept a plea deal, the driver will be required to attend one or two meetings with a probation officer. The probation officer assesses the driver’s background and the circumstances of the DUI.
• Motions Hearing (If Going to Trial): If the case proceeds to trial, a motions hearing is scheduled. The defense attorney might challenge the validity of the traffic stop, the accuracy of the chemical test, or other aspects of the arrest.
• Pre-Trial Readiness Conference (If Going to Trial): This conference ensures both the prosecution and defense are prepared for trial. If not, the trial date may be postponed.

Month 6 Onward: Trial or Sentencing

• Jury Trial (If Applicable): If no plea deal is reached, the case goes to trial. The jury determines the verdict based on the evidence presented.
• Plea and Sentencing Hearing (If Plea Deal Accepted): The driver appears before the judge to formally enter their guilty plea. The judge then imposes the agreed-upon sentence.

Ongoing Requirements:

• Penalties: Depending on the specifics of the case and whether it’s resolved through a plea deal or trial, the driver will face penalties including:
• Jail Time: Possible, especially if BAC is above .20%
• Fines: Ranging from hundreds to thousands of dollars
• Community Service: Mandatory hours to be completed
• Alcohol Education and Treatment: Required classes or programs
• License Revocation: The length depends on the offense number; may be eligible for a restricted license with an interlock device after a period of time.
• Interlock Device Installation: If required, the driver must have an IID installed in their vehicle for a designated period, potentially two years.
• Early Interlock Removal (Potential): After 120 days of successful IID use and with no other DUI history, the driver may petition the DMV for early removal of the device.
• Long-term Impacts: A DUI conviction remains on the driver’s criminal record for 10 years in Colorado, potentially impacting employment, insurance rates, and other aspects of their life.

Key Players in a DUI Case:

• The Driver: The individual arrested and charged with DUI.
• The Arresting Officer: The law enforcement officer who conducts the traffic stop, administers field sobriety tests, and ultimately places the driver under arrest.
• The DUI Attorney: The legal representative responsible for defending the driver in both DMV and criminal court proceedings. They advise on legal options, build a defense strategy, negotiate with the prosecution, and represent the driver in court.
• The District Attorney (DA): The prosecutor representing the state. They present the case against the driver, negotiate plea deals, and aim to secure a conviction.
• The DMV Hearing Officer: An official who presides over the DMV administrative hearing. They review evidence and determine whether to uphold or overturn the suspension of the driver’s license.
• The Judge: The judicial officer presiding over the criminal case in court. They ensure fair proceedings, rule on motions, accept plea deals, and impose sentences.
• The Probation Officer: The official who interviews the driver (if a plea deal is reached) to assess their background and the circumstances of the offense. They may make recommendations to the judge regarding sentencing.
• The Jury (Potential): A group of citizens who may be selected to hear the case if it goes to trial. They deliberate and deliver the verdict of guilty or not guilty.

This timeline and cast of characters provide a general overview of a DUI case in Colorado. However, it’s crucial to remember that each case is unique, and the specifics of the timeline and the involvement of certain parties may vary.

Learn More about DUI Charges:

Five DUI Consequences You Need to Know About

Underage DUI in Colorado: What Are the Penalties?

Will My Employer Be Notified of My DUI in Colorado?

DUI Defense: 20 Ways To Beat A DUI in Colorado (As Told By A DUI Lawyer)