Colorado DUI Court Process

Following an arrest for a DUI/DWAI offense in Colorado, two cases will be filed. One case is a criminal case filed by the State.

The other is an administrative civil case initiated by the Department of Revenue. Below, you will find information regarding the criminal court process and procedure.

For more information on the civil administrative process, click on the Colorado Driving tab.

Local procedure and customs differ, so contact a Colorado DUI attorney to find out the specific procedures and time lines that will apply to your case.

The initial stages in the Colorado DUI process

Your Colorado DUI case starts with a complaint. A complaint is a legal document that accuses a person of a criminal violation. Your name and a brief description of the offense charged must appear. The citation of which statutory offense and the date and location of where the alleged offense occurred must also be stated.

A summons is a formal document that requires a CO DUI offender to appear in court to answer to a complaint.

The first court appearance following a DUI/DWAI arrest in Colorado is called an arraignment. You or your attorney will go before a judge who will formally read the charges that have been filed against you. You will be asked to enter a plea. If you plead guilty, a sentence will be imposed. If you plead not guilty, your case will proceed to the Pre-Trial Conference.

Pretrial DUI process in Colorado

The pre-trial conference is an opportunity for you or your attorney to speak with the prosecutor regarding the possibility of a plea agreement. A plea agreement (also called a plea bargain) is where the prosecutor will offer you an opportunity to plead guilty to a lesser charge or penalty in exchange for your waiver of your Constitutional right to trial. If a plea agreement is achieved, it will be formally entered on the record. If a plea agreement is not reached, the case will be set for trial. Issues with scheduling and discovery may also be dealt with before the judge and the prosecutor at this hearing.

If your attorney wishes to contest the admissibility of certain evidence in your case, he/she will file a motion to suppress. A hearing will take place where the judge will take testimony and hear arguments regarding the issues contained in the motion. If a motion to suppress is granted, that evidence will not be admissible in your trial.

Colorado DUI trials and appeals

If at the end of the trial a verdict of guilty is reached, the case will proceed through the sentencing process. Sentences will follow the Colorado DUI penalties guidelines. If the verdict returned is not guilty, then the case and all charges will be dismissed.

Following a guilty verdict in a Colorado DUI trial, the defendant will have a right to appeal to higher courts for review. Requests for appeals must be made timely and in writing. Failure to request an appeal within the prescribed time limit will result in the "waiver" of the person's right for review.