February 2, 2023
Being pulled over under the suspicion of a DUI is never fun, but the chances of that happening increase during certain times of the year in Colorado – including Labor Day.
Law enforcement made a commitment in Colorado this year to crack down on impaired driving. They publicly stated that law enforcement agencies would crack down on impaired driving between August 17 and September 8.
If you got caught up in the DUI crackdown, you may have questions. Here are steps to take if you’re facing DUI charges in Denver or elsewhere in our state.
Get an Attorney
If you are arrested and charged with a DUI, one of the most important steps to take in the aftermath is to hire an attorney who can help to ensure your rights are upheld in the legal process.
How can an experienced DUI attorney help? They can obtain police reports related to your case and help you to understand them. They also have an understanding of the law that can help with court procedures and help you to formulate the most robust defense against the charges possible.
DMV Hearing: Request One
When someone is arrested for a DUI in Colorado, sometimes their driver’s license is taken away by the officer making the arrest. To get their license back, they must contact the Department of Motor Vehicles within seven days to request a DMV hearing.
Taking this step allows the DMV to issue a temporary driving permit. This permit is good until the date of the hearing or for 60 days, whichever is first. This process can allow someone to continue driving legally to meet their commitments as they await their DUI proceedings.
Write It All Down
Your memory may not be the steel trap you think it is, but your version of events will be valuable to your attorney and the process of going through a DUI charge. That’s why you should write down what happened during the stop from beginning to end as soon as you can.
Include information such as where and when the stop occurred, descriptions of your conversation with the police and your breath test – if taken – and anything else you can recall from the incident.
Get a Police Report
When an officer makes a DUI arrest, they must prepare a written report of the incident. Typically, these reports can help to fill in any gaps from your recollection, so it’s vital to have a copy for your defense.
Be aware, however, that the police report can contain information that is biased or even omit important facts, so it’s vital that you point these out to your attorney if they exist.
Think About Options
Meet with your attorney to talk about what options are available to you. Each case is different, so how you and your attorney agree to proceed depends on the facts of your particular case.
Sometimes your attorney may try to negotiate a deal on your behalf with the prosecution before you ever appear in court. However, they may advise you to take your case to trial after determining that is the right path for you based on the evidence and details.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been recognized by countless legal organizations for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys for 2020, and is Lead Counsel rated.