Out-of-State DUI Lawyer
Colorado Non-resident DUI
Below are topics relevant to non-resident charged with Colorado DUIs. The penalty for first DUI - DWI violations in Colorado below 0.20 "Blood Alcohol Level" (BAC) are usually fines and probation. Over 0.20 BAC the law requires 10 days jail time. All DUIs over 0.08 and refusals include a license suspension by the Colorado department of revenue of nine months or more. If you have prior DUIs and reside out-of-state you may be subject to the Interstate Compact for Adult Offender Supervision. Warning: The ICAOS could prevent you from returning home for weeks if you simply plead guilty to a Colorado DUI.
DL Hearing Request
For a first Colorado DUI the period of license revocation is nine months if a chemical test shows an alcohol level in excess of 0.08 BAC. For a second or subsequent DUI violation in Colorado or a first refusal, your license will be suspended for at least one year. The actual periods can be longer depending on your age, driving history and the circumstances of your case. Timing of the revocation varies with the type of test. If you gave a breath test over 0.08 BAC or refused a test, you will usually receive a "Notice of Revocation" immediately upon being released. You then have 7 days to request a hearing. If your blood test is over 0.08 BAC you will receive a notice by mail.If your license is up for revocation we will submit the necessary written hearing request to Colorado DMV on your behalf. The hearing is an opportunity to challenge the revocation of your driver's license which may or may not effect driving privileges in your home state. We will represent you at the hearing and use our best efforts to save your driver's license. You need not attend the DMV hearing or, can usually, appear by telephone.
Colorado DUI Continuances
Driving Under the Influence is a non-classified misdemeanor in Colorado unless you have three or more prior drunk driving offenses (a fourth or subsequent DUI is a felony). The misdemeanor process in Colorado contemplates multiple appearances by the Defendant in Court leading up to resolution of the case by dismissal, acquittal or conviction and sentencing. By attending court at preliminary stages we can often arrange your case so that everything can be taken care of in one visit. Depending on which judge you've drawn to hear your case, we can sometimes handle the entire case without having you return to Colorado (this is rare, but we have done it)! We order police reports and review them prior to your first court date. Any additional discovery necessary for your case will also be ordered. Working with the court we can usually schedule your appearance, if required, so that you spend the minimum amount of time away from home and your job.
If you must return to Colorado for court, you probably won't have to travel here until the end of the case - either for trial or to enter into a plea bargain. If you must do jail time because of prior DUIs or because of a high alcohol level ( 0.2 BAC or higher) I am often successful in getting the courts to agree to electronic home monitoring or work release in your home state.
Interstate Offender Compact
A Compact is an agreement between states to do or refrain from doing something. The Interstate Compact for Adult Offender Supervision (ICAOS) controls the movement of persons under supervision for criminal convictions. All 50 states, Puerto Rico and the Virgin Islands are members. The ICAOS applies to persons with second or subsequent DUIs who are placed on probation for more than one year. The "ICAOS" should not be confused with the "Interstate Drivers License Compact" which is discussed under DL Compact.
If you subject to the ICAOS and are placed on probation for more than one year by Colorado you cannot return home immediately . Your probation officer must contact your home state to get approval to allow you to return home. The cost of this is about $100.00. While this seems ridiculous, you may be required to wait in Colorado for as much as a month before being allowed return home.