What is the Difference Between the Administrative Process and Court Process After a DUI?
When a person is arrested for driving under the influence (DUI) in Colorado, it is essential to understand that there are two different processes or paths that the person may go through: an administrative process, and a court process. It can be extremely confusing to determine what you will need to do, whether you need to go through both processes, and what you should expect in these two different processes. Many people do not understand that these are in fact two distinct processes and that they each have their own requirements and timelines, and that the outcome in one of the processes will not have an impact on the other one. Indeed, as the Colorado DMV explains, “each path operates independent from each other.” If you have been arrested on a DUI in Denver or elsewhere in Colorado, you need to learn more about the answer to this question: What is the difference between the administrative process and court process after a DUI?
Our Denver DUI defense lawyers can tell you more about each process, and we can begin working with you today if you need assistance after a DUI arrest. Time is of the essence here, as the DMV has strict timelines that must be met or you risk waiving your right to a hearing.
Administrative Process Through the DMV
The first process after a DUI arrest is the administrative process, which is a DMV process. This process is used to determine whether you will have restrictions on your driving abilities in Colorado, regardless of whether or not your DUI criminal case moves forward or is ultimately dismissed.
In this process, if you refused a chemical test or your BAC is greater than 0.08, you will go through something known as an “Express Consent Hearing” to determine whether your driver’s license will be suspended. It is important to know that you must request a hearing with the Motor Vehicle Hearings Division within 7 days from the date of one of the following: breath or blood test refusal, receipt of your blood test results, or DUI arrest with a breath test. At the hearing, a driver can faces a possible revocation of their driver’s license.
At DeChant Law, we not only represent you at these hearings, we also will help you navigate the technicalities of getting you back on the road as soon as possible. We understand driving is essential to everyday life.
Court Process Through the Judicial System
The court process after a DUI arrest is where any criminal conviction will be determined and certain consequences or sentencing will be assessed. The prosecution will present evidence that seeks to prove the elements of the DUI offense you are facing, and you will have an opportunity to present a defense. To start this process, you will need to appear in court and enter your plea. At the end of the court process, you can be found guilty or not guilty of the DUI.
With a guilty verdict, a driver can face jail time, monetary fines, probation, required participation in a treatment program (or programs), and restitution.
Contact Our Denver DUI Defense Lawyer
If you have been arrested for a DUI or DWAI, it is critical to have one of the experienced Denver DUI defense attorneys at DeChant Law on your side and assisting you with your defense. We are here to help you through both the administrative process and court process associated with a DUI arrest, and we can answer any questions you have today. Contact us for more information and to begin working on your DUI defense.
Source:
dmv.colorado.gov/the-dui-process
