What to Expect in a Colorado DUI

In Colorado when you are arrested for a DUI or DWAI you are either arrested and forced to appear before a judge who will set a bond in your case, or you will be released on a "summons" which tells you to appear in court for an initial hearing.

If this is a second or subsequent DUI or DWAI allegation, you may be required, as a condition of your bond to comply with Pretrial Supervision, which is essentially probation before you have been found guilty of anything. Standard provisions of Pretrial Supervision are that you commit no law violations, check in with your supervising officer, and take random urine screens to ensure you are not drinking or using drugs. Violation of any term or condition of your pretrial supervision can result in your bond being forfeited, a warrant being issued, and your arrest. Additionally pretrial supervision violations can impact your eventual sentence if you are found guilty or plea to the DUI or DWAI.

At your initial hearing, you can request additional time to obtain "Discovery" which include police reports, photos, videos, witness statement etc.. in your case. You can also request additional time to get a private attorney or to apply for the public defender. If you are in jail, a public defender will automatically be appointed to represent you, however if you later bond out, you will need to reapply for the public defender or hire a private attorney to represent you if you still want to be represented by an attorney.

If you chose to represent yourself, a Deputy District Attorney will likely talk to you and make an offer to resolve your case, this is typically called a Plea Deal or Settlement Offer. You can accept their offer, decline it, or you can ask for time to consider the offer, or to obtain an attorney. If you decline the offer your case will eventually be set for a Motions Hearing and Trial. If you accept the offer you will either proceed to immediate sentencing, or you will re-set your sentencing hearing for approximately 4-6 weeks. Depending on the facts of your case you may be sentenced to probation, jail or a combination of both with other terms and conditions imposed by the court, including Useful Public Service hours, a Victim Impact Panel, fines, fees, costs and Alcohol Education and/or Treatment.

If you set your case for Motions and Trial the Judge will give a deadline for the filing of Motions. Motions are requests, typically, that request the Court to suppress evidence as a sanction for violations of a Constitutional or Statutory Right. For example if you were pulled over by an officer with no reasonable suspicion, or if the officer arrested you without probable cause, you can file a motion to suppress that evidence, which means that the evidence gathered in violation of your rights would not be admissible in any trial against you. In a Motions hearing, the Judge will hear from arresting officers, and other witnesses, if necessary, and will make a decision as to what evidence is allowed into the trial and which evidence is not admissible. Following your Motions Hearing, your case can be dismissed, or the case will proceed to trial.

In Colorado a Misdemeanor case, (all DUI or DWAI's unless it is a 4th or subsequent offense in a lifetime) you are entitled to a jury trial of six. A Colorado trial is divided into three parts:

1) Choosing a Jury;

2) The prosecutions Case in Chief;

3) The Defendants Case in Chief.

At the close of the case, the Jury deliberates and decides the facts of the case, and can find a Defendant Guilty, Not Guilty, or if they are unable to reach a unanimous decision, a the case results in a Hung Jury. A Hung Jury means that the prosecution can decide whether to try the case again, make another plea deal offer, or dismiss the case.

All Criminal Defendants are presumed innocent, unless and until proven guilty beyond a reasonable doubt. A Defendant has the right to remain silent, and if they chose not to testify the Jury is instructed to not hold the Defendants silence against them in any way.

A criminal case in Colorado is complex and involves consideration of law and fact. If you need experienced counsel, knowledgeable in this area of the law, our attorney's at Sedlak & Associates can help. Call us today for a free consultation.

JAS IV