Denver County DUI Court Guide

Denver County DUI Court Process

(dui.guide - Your Guide to Navigating DUI Charges in Denver County)

Facing a DUI arrest in Denver County, Colorado can be overwhelming. Understanding the court process is crucial to navigating this challenging situation and protecting your rights. This guide provides a comprehensive overview of what to expect during your DUI case in Denver County Court, from your initial arraignment to potential trial and sentencing. While this guide offers valuable information, it is not a substitute for legal advice. Consulting with an experienced Denver DUI attorney is highly recommended.

Your DUI Case in Denver County Court

The Denver County court system handles DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) cases with seriousness. The process involves multiple steps, from your initial arrest and arraignment to potential pre-trial hearings and a trial if a plea agreement cannot be reached. Understanding each phase is key to preparing your defense and making informed decisions. The information below is designed to provide clarity and guidance, but remember that every case is unique, and the specifics of your situation will influence the court proceedings.

Which Court Handles DUI Cases?

DUI cases in Denver County are typically handled by the Denver County Court, specifically the Denver County Court Traffic and Municipal Division. This division is responsible for hearing misdemeanor offenses, including DUI and DWAI charges.

• Court Location: Lindsey-Flanigan Courthouse, 520 W Colfax Ave, Denver, CO 80204
• Hours: The court's general business hours are typically Monday through Friday, 8:00 AM to 5:00 PM. However, specific court calendars and times for hearings vary.
• Finding Your Court Date: Your court date and courtroom assignment will be listed on the paperwork you received upon your arrest. If you are unsure of your court date, you can typically search the Denver County Court public records online through the Denver County Court website or contact the court clerk directly. You will need your name and potentially your case number to locate the information.

The Court Process Timeline

The following outlines the typical steps involved in a Denver County DUI case:

1. Arraignment (First Appearance)

• When it Happens: Your arraignment is usually scheduled within a few weeks of your arrest. The specific date will be on your summons. It's crucial to attend this hearing. Failure to appear can result in a warrant for your arrest.
• What to Expect: At the arraignment, the judge will formally advise you of the charges against you, including the specific DUI or DWAI statute you are accused of violating. The judge will also inform you of your rights, such as your right to remain silent and your right to an attorney.
• Entering a Plea: You will be asked to enter a plea. Common pleas include:
• Guilty: You admit to the charges.
• Not Guilty: You deny the charges and wish to proceed to trial.
• No Contest (Nolo Contendere): You do not admit guilt but acknowledge that the prosecution has enough evidence to convict you. This plea is treated similarly to a guilty plea for sentencing purposes.
• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation and determine if you qualify. Be prepared to provide documentation of your income and assets.

2. Pre-Trial Hearings

• Discovery Process: After the arraignment, the discovery process begins. This involves the prosecution providing you (or your attorney) with the evidence they intend to use against you. This includes the police report, breath or blood test results, witness statements, and any video footage related to your arrest.
• Plea Negotiations: Your attorney will review the evidence and engage in plea negotiations with the prosecutor. The goal is to reach a plea agreement that is favorable to you. This might involve pleading guilty to a lesser charge, such as DWAI instead of DUI, or receiving a reduced sentence.
• Typical Plea Deals in Denver County: Plea deals in Denver County can vary depending on the circumstances of the case, including your BAC level, prior record, and any aggravating factors (e.g., an accident or injury). Common plea deals might involve pleading guilty to DWAI with a reduced jail sentence, fines, and community service. It's important to note that Denver County prosecutors often take DUI cases seriously, and favorable plea deals may require strong legal representation.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury or a bench trial (where the judge decides the verdict). A jury trial involves a panel of citizens who hear the evidence and determine your guilt or innocence. A bench trial is decided solely by the judge. Your attorney can advise you on which option is best for your case.
• What Prosecution Must Prove: In a DUI trial, the prosecution must prove beyond a reasonable doubt that you were driving a vehicle while under the influence of alcohol or drugs. They must present evidence demonstrating that your BAC was above the legal limit (0.08) or that your ability to drive was impaired.
• Common Defenses: Common DUI defenses include challenging the accuracy of the breath or blood test, arguing that the police lacked probable cause for the traffic stop, or presenting evidence that you were not impaired at the time of driving.
• Typical Trial Length: A DUI trial in Denver County can typically last from one to three days, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in Denver County, CO

Colorado DUI penalties are determined by state law, but the specific sentence can vary based on the judge and the circumstances of the case.

First Offense

• Jail time: 5 days to 1 year
• Fines: $600 to $1,000
• License suspension: 9 months
• Other requirements: Alcohol evaluation and treatment, community service (up to 120 hours), possible Ignition Interlock Device (IID) requirement.

Second Offense

• Jail time: 10 days to 1 year
• Fines: $600 to $1,500
• License suspension: 1 year
• Other requirements: Mandatory alcohol evaluation and treatment, community service (up to 120 hours), mandatory Ignition Interlock Device (IID) requirement for at least two years.

Third Offense

A third DUI offense in Colorado is a felony.

• Prison: 2 to 6 years
• Fines: $2,000 to $15,000
• License suspension: Minimum 2 years, potentially indefinite revocation.
• Other requirements: Extensive alcohol and drug treatment, mandatory Ignition Interlock Device (IID) requirement for a longer period.

Court Programs in Denver County

Denver County may offer certain programs as alternatives to traditional sentencing:

• Diversion Programs: While not always available for DUI offenses, some individuals may be eligible for diversion programs that allow them to avoid a criminal record by completing specific requirements, such as alcohol education and community service.
• Drug Court: If your DUI involved drug use, you might be eligible for drug court, which offers intensive supervision and treatment in exchange for a reduced sentence.
• DUI Court: Denver County may have a specialized DUI court that focuses on addressing the underlying issues contributing to DUI offenses. This court typically involves intensive supervision, treatment, and accountability.
• Community Service Opportunities: Community service is often a component of DUI sentences. Denver County offers various community service opportunities through local non-profit organizations.

What to Bring to Court

To ensure a smooth and respectful court appearance, bring the following:

• Photo ID: Driver's license or other government-issued photo identification.
• Court Summons: The official document that notified you of your court date and charges.
• Any Documentation: Any relevant documents pertaining to your case, such as proof of insurance, vehicle registration, or any evidence that supports your defense.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing, such as t-shirts, shorts, or hats. Business casual attire is generally appropriate.

Local Court Procedures

Denver County courts may have specific procedures or programs that are unique to the county. It is always advisable to consult with a local DUI attorney who is familiar with the Denver County court system to ensure you are fully prepared for your court appearances. This can include understanding specific courtroom etiquette, local rules regarding evidence, and any unique programs offered by the court.

This guide provides a general overview of the Denver County DUI court process. Because every case is different, consulting with a qualified Denver DUI attorney is crucial to understand your rights and options, and to develop the best possible defense strategy for your specific situation. Don't navigate this complex legal process alone.