Denver DUI Lawyers and Major DUI Assistance
DUI could be worrisome in any state of the US because it is an offense taken very seriously within the length and breadth of the country. Majority of offender usually look to be very alien to a lot of processes, stages and the penalties involved especially at their first time of arrest or charge. This is why every DUI offender is strongly advised to get a DUI attorney instead of confronting the charges on their own. These skilled individuals have been trained to take offenders through levels of assistance that cut across the following;
- DUI Process
- DUI Penalties
- DUI/DWI and Drugs
- Field Sobriety Tests
- DMV Hearings
- Underage DUI and many more.
DUI process in Colorado
DUI process cut across every stages of the offense and all of the categories in the above list. However, it could be very time-consuming, cumbersome and bureaucratic. It is perhaps an utter confusion for anyone that doesn’t understand the inner workings and process. Usually a separate administrative process with DMV makes it even more worrisome in Colorado. This is perhaps the more reason why you need a seasoned DUI attorney to help you through its rigorous and delicate phases.
A typical DUI process could be broken down into seven stages. Worthy of note however is that not all DUI cases will exhaust the seven stages involved. Still, the DUI process is an intended guide to understand that each case is different and that no facts pattern are the same in a charge. The lawyer would critically determine how each case progresses and which stages are implied.
Stage one of the DUI process is the arrest stage. You need a lawyer once you receive citation for DUI from police officers. You don’t necessarily have to be kept overnight, detained, booked into jail or post bond to be considered arrested for a DUI offense. The officer has discretionary authority to book you into jail or allow someone to come and pick you up. One thing that could affect his decision here is how polite you have been to him. He could also make your vehicle go to detox or otherwise as well. Getting your car in detox may cost you several hundreds of dollars per hour. Be careful with your politeness to police officers so as not to incriminate yourself.
Stage two is the express consent hearing phase. This basically applies to you if you have refused a chemical test. You only have seven days from the date of arrest to request administrative hearing against suspension or revocation of your license. Once this is done, you will receive a notice of hearing from the DMV which means the hearing must be fixed within sixty days.
Stage three is for the arraignment. Here, the prosecutor (police officers) would issue you a uniform summon and complaints that highlights a mandatory court appearance. If you do not show up in the court on the stated date, the judge would order a failure to appear warrant in your name. This will give the DMV powers to suspend your license until it is cleared and the warrant fees paid in court. Your attorney is meant to advise you on charges and penalties. To this end, he should be contacted with your date of arraignment whether vacated on not.
Stage four deals with your pre-trial conferences. At this stage, you will be scheduled for court appearance to discuss your case fact with district attorneys so as to open up discovery needs and negotiate pleas as the case may be. You could have up to four pre-trial conferences. This stage is also usually called the negotiation stage.
Stage five is the motion stage. Motion and legal debates would be presented to the judge. Laws would be argued and suppression as well as dismissal would be imposed. It is also called the legal argument phase. The judge’s decision here is usually made based on the light that appear most favorable to the prosecution.
Stage six is the jury trial. Most attorneys are not experienced here. Your case would be presented to a jury of your peers to determine your guilt or innocence. For misdemeanor jury, they are often six members. The process can go on for two days or more.
Stage seven highlight the sentencing phase. At this stage, all appeals that doesn’t pass judge’s approval will go to sentencing. .This is where punishments are assigned for the offense. The judge usually take careful steps in consideration of various factors and details presented by defense and the recommendations of the district attorney as well as the probation office. Once sentencing is an option considered for you by the judge, you would be sent to the probation department to complete your alcohol evaluation and a PSI.
Other areas of DUI attorney assistance
The major process has been highlighted but your DUI lawyers also have to advise you appropriately on penalties of DUI (including underage punishments) so as to bargain for the best results if it remains obvious that you wouldn’t avoid a punishment. He should be available to guide you on your DMV hearing and subsequent arrest. He should also tell you what tests to reject and which to submit for. Distinctions between DUI, DWAI and DU per se in Colorado should be clarified to motorist so as to know exactly why, how and where they could get stopped, arrested and charged for any of the offenses
