What to Do After Being Charged With a DUI

Wed Aug 12th , by NoBull Marketing, on DUI Defense | Share

Everyone knows they should not drink and drive, but it is something that still happens quite often. Being charged with driving under the influence (DUI) in Colorado can be overwhelming. It is a criminal charge that can affect your life in many ways. 

While it may seem easy to just give up, you can achieve a favorable outcome. The steps you take immediately afterward can have a significant impact on your case. A DUI conviction may result in jail time, fines, license suspension, mandatory alcohol education, ignition interlock requirements, and increased insurance costs. Knowing what to do after an arrest can help protect your rights and prepare you for the legal process. 

Stay Calm and Cooperate

If you have been arrested, remain calm and comply with lawful instructions from law enforcement. Avoid arguing with officers or making statements that could later be used against you. Anything you say may become evidence in your case.

Write Down What Happened

As soon as possible, record everything you remember about the traffic stop and arrest, including:

• Why you believe you were stopped
• What the officer said and did
• Whether you performed field sobriety tests
• Whether you took a breath or blood test
• The timeline of events
• The names of any witnesses

These details may become important later if your attorney challenges the evidence.

Contact a DUI Attorney

A DUI charge does not automatically result in a conviction. An experienced Colorado DUI defense attorney can review the evidence, explain your options, identify possible defenses, and represent you throughout the criminal proceedings.

Request a Hearing

Act quickly after your arrest. You have seven days to request what is called an Express Consent Hearing. This hearing is part of the DMV Administrative Process and will determine any restrictions on your driving privileges after a DUI arrest. This information will help you determine your next steps. Note that this hearing is a separate proceeding from the criminal case.

Follow All Court Orders

Read every document you receive from the court and attend all scheduled hearings. Missing a court appearance can lead to additional legal consequences, including the issuance of a warrant for your arrest.

Mistakes to Avoid

Now that you know what to do, here are some mistakes to avoid:

• Waiting too long to speak with an attorney. Many people assume they should wait until their first court appearance before contacting a lawyer. However, speaking with an attorney as soon as possible can help you understand your options, preserve evidence, and prepare for important deadlines.
• Missing court dates. Failing to appear for a scheduled court hearing can result in additional penalties, including a warrant for your arrest. Keep track of all hearing dates and arrive on time.
• Ignoring driver’s license deadlines. A DUI case often involves both criminal proceedings and administrative action affecting your driver’s license. Missing deadlines related to your driving privileges could result in a suspension that might otherwise have been challenged or delayed.
• Talking about your case. Avoid discussing your DUI with friends, coworkers, or on social media. Statements you make publicly could be used against you during the legal process.
• Violating the conditions of your bond. If the court releases you on bond, carefully follow all conditions. Violations such as consuming alcohol when prohibited, failing to appear for required check-ins, or committing another offense can result in additional consequences.
• Driving without a valid license. If your license has been suspended or restricted, driving before you are legally allowed to do so can lead to additional criminal charges and make your situation more difficult.
• Accepting the first plea offer without legal advice. Prosecutors may extend plea offers early in a case, but accepting one without understanding the long-term consequences could be costly. A DUI conviction can affect your employment, insurance rates, professional licenses, and future criminal penalties.

FAQs

Q: Can I drive after being charged with a DUI in Colorado?

A: It depends. Some drivers may be able to continue driving temporarily, while others may face an administrative license suspension. Your ability to drive will depend on the circumstances of your arrest and any action taken by the Colorado Division of Motor Vehicles.

Q: Will a DUI affect my car insurance?

A: Yes. A DUI conviction often results in significantly higher insurance premiums. Some insurance companies may cancel or decline to renew your policy, and you may be required to obtain SR-22 insurance before your driving privileges can be reinstated.

Q: Can I refuse a breath or blood test in Colorado?

A: Colorado’s implied consent law requires drivers lawfully arrested for suspected impaired driving to submit to a chemical test. Refusing a test can result in driver’s license consequences and may be used as evidence in your DUI case.

Q: Do I have to install an ignition interlock device?

A: Possibly. Depending on your driving history, blood alcohol concentration (BAC), and the outcome of your case, you may be required to install an ignition interlock device before you can legally drive again.

Q: Can a DUI charge be dismissed?

A: Yes, in some situations. A DUI charge may be reduced or dismissed if there are legal issues involving the traffic stop, the collection of evidence, chemical testing procedures, or other constitutional or procedural violations. Every case is unique.

Contact Us Today

People make mistakes, but getting behind the wheel while intoxicated is not a mistake that Colorado judges take lightly. A DUI charge can impact your life in many ways, and for a long time.

If you have been arrested for drinking and driving, you need to act quickly to protect your legal rights. You need to understand the Colorado DUI laws and how they apply to you. That is where a Denver DUI attorney from Geman Criminal Defense comes in. Schedule a consultation with our office today if you or someone you love has been charged with a DUI. Give us a call at (719) 350-4145 or fill out the online form.