Jefferson Colorado DUI -Traffic Lawyer
Jefferson DUI Attorney
Jefferson County Colorado has a reputation for being one of the hardest counties in the State when it comes to DUI or DWAI. It is not uncommon to receive a jail sentence for a second alcohol related driving offense even if your original offense was more than 10 years ago. Third offenses are usually punished by nine months to a year in jail. Fourth and subsequent offenses are felonies that can net you up to 6 years in state prison.
DUI cases from following cities will end up in Jefferson County Courts: Arvada, Bow Mar, Conifer, Edgewater, Evergreen, Littleton, Genessee, Golden, Lakeside, Lakewood, Morrison, Ken Caryl, Kittredge, Wheat Ridge, or Westminster The Jefferson County Courthouse is located at 100 Jefferson County Parkway, Golden, CO 80401.
Colorado law prescribes penalties for a DUI, DUID or DWAI that can range from probation to a maximum of six years in the Colorado Department of Corrections for some repeat offenders. How you are sentence depends upon a variety of factors including whether a mandatory sentence required by law, prior DUI and "Driving Under Restraint" history (DUR), timing of such violations and your alcohol or drug level. If you are charged with DUI in Jefferson County Colorado the Colorado Department of Revenue, DMV in Lakewood, CO will also try to suspend or revoke your driver's license for anywhere from 9 months to five years.
Summary of Jefferson County DUI Penalties
|Violation||Mandatory Jail||Jail Time Range||Misd./Felony||Community Service||Fines||Probation|
|DWAI First||None*||10days-6Months||Misdemeanor||24-48hours||$200-$500||up to 2yrs|
|DUI First||None*||5days-1yr||Misdemeanor||48-96hours||$600-$1000||2-4yrs||2nd DUI/DWAI more than 5yrs||10days**||10days-1yr||Misdemeanor||48day-120hours||$600-$1500||2-4years||2nd DUI/DWAI within 5 years||10days***||10days-1yr||Misdemeanor||48-120hours||$600-$1500||2-4year||3rd DUI/DWAI||60days****||60days-1year||Misdemeanor||48-120hours||$600-$1500||2-4years||4th DUI/DWAI or More||N/A||2-6yrs DOC||Felony||N/A||$2000-$5000||3years Parole|
*All convictions over 0.20 BAC must serve at least 10days jail, Work Release or IHD
**IHD and Work Release possible
***Work Release Possible
****Work Release Possible, must serve full 60 days, consecutive
Drivers License Consequences
Your driver's license may be revoked if you've been charged with DUI, DUID, OUI, or DWI in Jefferson County Colorado. If you must drive for work, school or medical reasons you should request a hearing with the DMV within 7 days of being stopped to protect your license. No "hardship licenses" are available for Colorado DUI driver's license revocations, however, a "Restricted" ignition interlock license may be available after a short period of no driving. Hearing requests can be made in Jefferson County at the full service office located at 16950 West Colfax Ave, Golden, Colorado or at the Main DMV office, 1881 Pierce Street Lakewood, CO 80124. A 60 day temporary driving license will be issued when you request a hearing unless you are already suspended for another reason. The seven day limit applies to DUI refusals and breath tests over 0.08. If you took a blood test, you will be notified by mail of the date by which you must request a hearing.
JEFFCO COURT PROCEDURES
Your summons or ticket should have the date of your first court appearance. However, if you were arrested and had to post bond, you may have to appear in Jefferson County Court with for a "bond return." Most Jefferson County judges will issue a warrant for your arrest if you fail to timely appear for any scheduled court date. Courts will usually not allow individuals to reschedule their court dates. DUI lawyers often re-schedule the first court date for a "pre-trial conference." Re-scheduling the case for a pre-trial conference allows time to for your lawyer and his staff to obtain necessary information about your case from the district attorney. Our lawyers schedule a telephone conference or face to face to discuss your case before the first pre-trial conference.
Your DUI attorney will attempt to negotiate a reasonable settlement of your case with the Jefferson District Attorney during one or more pre-trial conferences. During the pre-trial you attorney may also request evidence from the District Attorney that was withheld previously. You may set the matter for jury if the DA won't cooperate in a reasonable settlement. trial.
Jefferson County has two levels of DUI court. Felony DUI cases, i.e., a fourth or subsequent prosecution, are heard in "District Court." Non-felony DUIs (a first, second, or third DUI, OUI and DWAI cases) are handled in the County Court. DUI, DWI, OUI, DUID or DWAI are misdemeanors in Colorado if you have two or less prior convictions for drunk driving. Only the criminal portion of your case gets handled in court, i.e., charges for which you can be fined, jailed or placed on criminal probation. Decisions effecting you driver's license will be handled by the Colorado Department of Revenue, DMV.
More on Penalties
As discussed above a conviction for driving while intoxicated carries with it a number of possible penalties. driver's license revocation, jail sentence, probation sentence, monitored sobriety, fines and court costs of up to several thousand dollars, increased insurance costs and difficulty in in obtaining employment. Jail or "In Home Detention" is mandatory at the County Court level if you have prior DUI or DWAI or alcohol related "Driving Under Restraint" convictions. After you finish any jail sentence imposed by the court you'll have to do anywhere from six months to four years of probation. Probation consists of alcohol classes and treatment, alcohol ankle monitor or UA's to enforce total ban on non-prescription drugs and alcohol. Failure to abide by the terms of probation can get you sent back to jail for up to one year over what ever sentence you were given in the first instance.
Of course Felony DUI is a whole different level of pain usually reserved for people we think of as "criminals" - suburbanites who drink to much at the Broncos Game and then attempt to driver home. You may be looking at a Felony DUI conviction if you have three or more prior convictions. Felony prosecutions are conducted first in the County Court, but, upon a not guilty plea are moved to District Court. You'll notice some differences between a DUI in County Court and a Felony DUI in District Court. The level of penalties in Felony court include much longer sentences that are usually served in the Colorado Department of Corrections. District Court has more experienced deputy district attorneys and the procedures in District Court are more formalistic. In District Court you are usually entitled to a jury of twelve as opposed to a jury of six in County Court. There are other differences, but, on the surface these are the differences most people notice.
With the possible penalties its best to consult with a lawyer familiar with Jefferson County Colorado. Attorney Cliff Hypsher is a former Assistant Attorney General who represented the Colorado Department of Revenue, DMV. He is acknowledged as one the best DUI lawyers in Colorado and has been successfully defending people accused of drunk driving and drugged driving from harsh consequences for over twenty years.