Timothy Kelly &
Associates, LLC - Attorneys & Counselors at Law
What Happens After a DUI/DWAI Arrest in Colorado?
1. 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. DMV initially must schedule your hearing 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 request 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.
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
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.
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 occurs anywhere
from 6 weeks to 3 months
after the pre-trial conference.
DUI trials are almost always to a jury of six
people. Trial must be held
within six months after your plea.
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, work release, in home detention, public service, alcohol classes and therapy and fines.
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