What happens after a DUI/DWAI arrest in Colorado?
Motor Vehicle Hearing:
To preserve your right to drive in
Colorado, you must request a hearing within 7 days after your license
has been taken from you by an officer or within the time set by Motor
Vehicle in a revocation letter. A hearing must be initially scheduled within
60 days. If you
had a valid license when stopped, you are qualified for a temporary
license to drive until the hearing. You will be mailed a notice of the hearing
about three weeks after your request. You can plan on at least 45 days
of driving. If you lose at the hearing, you can not drive after the
hearing. It is our opinion you should requests the officer's presence
at the hearing. Crucial defenses can be developed at the hearing. It is
best to make a hearing request at the main Colorado Motor
Vehicle Office, 1881 Pierce Street in Lakewood.
Arraignment:
This is the date on your ticket, about 30 to 60 days after
your arrest. If you have an
attorney and are not on bond, you do not have to appear. It is
primarily for advisement of rights. If you have an attorney, he will
advise you.
Pre-trial Conference:
Your attorney will discuss your case with the
District Attorney and negotiate the best possible plea bargain. It will
happen about 6 weeks after arraignment. This
is usually after the Motor Vehicle Hearing. The date is set by the
Court and your attorney on his calendar.
Suppression Hearing:
The Court may suppress some or all of the
evidence against you if your constitutional rights have been violated.
Your attorney will file motions to suppress. It occcurs anywhere 6 weeks to 3 months
after the pre-trial conference.
Trial:
Almost always a trial to a jury of six. Trial must be held
within six months after your plea.
Sentencing:
The Court imposes a sentence after a conviction at
trial or after a plea bargain is accepted and a plea entered. Sentences
may include jail time, in home detention, public service, alcohol
classes and fines.
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