Sentencing in Colorado
Driving under the influence of alcohol and drugs (DUI's)
The successful defense of a DUI case involves not only handling the court component of the case where a jail sentence is possible, but also answering to the driver's license revocation which is a separate proceeding.
When arrested, most offenders will be issued a summons to appear in court and a notice that the Department of Motor Vehicles will revoke your privilege to drive unless you notifiy them that you want to challenge the revocation and appear for a hearing. In most cases, you should notify the Department of your interntion to contest the revocation, a notice which is required within days following your arrest. Therefore, it is critical to contact an attorney immediately upon being arrested to preserve certain rights.
The motor vehicle licensing proceeding can be very useful in exploring defenses that may again be used in court or hanging on to a job which requires you to be licensed. If you lose before the licensing bureau, there will be no driving at all for some period of time, even to and from work.
After some period, there may be the opportunity to reinstate with conditions but remember, no judge is making those determinations, instead an employee of the Department is. Skilled advocacy is crucial here too.In court a driving under the influence conviction can lead to up to 365 days in jail. However, most first timers can avoid a jail sentence by paying a fine, attending alcohol treatment and performing "useful public service", like community service.
However, conviction for a DUI will almost always require a suspension of your driving privilege based upon excessive "points". For youthful offenders, a conviction will always result in a drivers license revocation.
Other consequences of conviction can include ignition interlock devices, extensive alcohol treatment and therapy, and raised insurance rates.If one has previously been convicted of a drinking and driving related offense, a jail term will definately be imposed of no less than ten days and the required treatment, fines, and licensing consequences is magnified. Therefore, it is often advisable to contest the first offense rather than the second, as losing a second offense can result in an extremely lengthy jail term.
Also, priors are on your record for the rest of your life and may be brought even if the prior was in another state.Sometimes, it is advisable to negotiate for a lesser charge related to the DUI, such as driving while ability impaired, reckless, or careless driving. The ability of an attorney to convince a prosecutor of the propriety of a reduction may be the product of whether there was viable probable cause for the stop, whether the witnesses against you are readily available, whether this is a first or multiple offense, and whether some steps have been taken to address a possible alcohol dependency before going to court. Each case is unique, and a skilled attorney experienced in defense of DUI charges can evaluate the best tact to employ if negotiation is desired. Keep in mind, if your attorney has a reputation to settle every case, the prosecutor knows that he will be recommending that you plead guilty and your bargaining power is diminished just be the selection of such counsel. I am known as a capable negotiator and a trial attorney.
Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO 80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com
