If you are facing drunk driving charges, contact DUI attorney Geoff Heim immediately. The team at our law office can take urgent steps to protect your driving privileges and start preparing a robust defense of the charges.
Depending on the circumstances, you could defeat a DUI charge even if you failed a chemical test. If dismissal of the charge is not possible, we can still work toward a favorable resolution to a first-time DUI in Colorado Springs.
What Happens After a Drunk Driving Arrest?
A first arrest for DUI in Colorado Springs triggers parallel proceedings. There is a criminal prosecution for the misdemeanor offense and an administrative Department of Motor Vehicles (DMV) process to suspend your driver’s license.
License Revocation Process
The DMV proceedings are the most urgent because you must request a license suspension hearing within one week of your arrest. Your driver’s license will be revoked automatically unless you request a hearing.
According to Colorado Code § 42-2-126, the revocation period is nine months for a first-time DUI. If you refused a chemical test of your blood or urine, you lose your license for at least one year. Even if your criminal charge is dismissed, the license revocation remains in effect.
License suspension hearings are often conducted through videoconference or even over the telephone. An attorney could try to secure limited driving privileges for you during the suspension period. Most importantly, they can cross-examine the officer who made the drunk driving arrest and use their testimony in the criminal case.
Criminal Process
If you are arrested for suspected drunk driving, you must take a chemical test before you are booked at the police station. You may be released on your own recognizance, released on cash bail or bond, or held for arraignment, where you can request bail.
Within a few weeks, you will have an advisement hearing. The judge will explain the charges against you, clarify your rights, and set a date for a trial. You do not need to enter a plea at this hearing.
During the time before the trial, your attorney will review the evidence against you. If the review raises legal issues, they can bring motions before the court seeking dismissal of the charges. Negotiations with the prosecutor to resolve the charges out of court also occur during this time.
Defenses and Grounds for Dismissal
Every defense must be tailored to the specific facts of the case, but some defenses are potentially applicable to any DUI charge. Police conduct often plays a role in defending these cases. If the officers made an improper traffic stop or failed to inform you of your rights when arresting you, a Colorado Springs attorney can bring a motion to dismiss a first-time drunk driving charge.
Geoff Heim is certified to administer breathalyzer tests, so he is uniquely qualified to determine whether the officer followed proper protocols when breathalyzing you. If not, he can bring a motion to suppress the results and question whether the officers had sufficient evidence to justify an arrest. Similarly, challenging the lab results can be a fruitful defense strategy.
When a case cannot be dismissed or won at trial, there is often an opportunity to negotiate a reduction in charges. Depending on the circumstances, the charge could be reduced to a non-criminal moving violation. Sometimes, the most favorable resolution is enrollment in a DUI diversion program, which avoids a criminal conviction.
Contact a Colorado Springs Attorney for First-Time DUI Defense
If you have been charged with a first-time DUI in Colorado Springs, contact the office of experienced defense lawyer Geoff Heim immediately. Quick action is essential, so reach out to schedule a consultation today.