The District Attorney will prosecute what is colloquially known as a ‘DUI’ under Colorado Revised Statute 42-4-1301, any alcohol- or drug-related driving offense. Procedurally, the way a DUI works within the state of Colorado is that the criminal consequences are dealt with in the court system, while your driving privilege is dealt with through the DMV.
Procedurally, within the Court System, there are two ways that a charge can occur. In most counties within the state of Colorado, if the police stop and arrest you for a DUI charge, you will be booked into jail and you will then have to bond out of jail. Whereas, in a few counties within the state of Colorado, you might not be booked in jail, but rather just be given a summons wherein you promise to appear in court on a date specified.
Either way, you will be facing a DUI charge with penalties of up to one year in jail, if charged as a misdemeanor, whereas if charged as a felony you could face up to six years in prison.
Separate from the criminal consequences is your right to drive with the DMV. If you refused a test or blew over a .08 BAC on a breath test done on an intoxilyzer machine, the police would have taken away your physical license and given you a temporary paper one. It is important to act within 7 days and request a hearing with DMV.
Attorney Alexander Berry of the Damascus Road Law Group, as a former government lawyer, knows the ins and outs of a DUI, having handled hundreds of DUIs throughout his career. You need a DUI lawyer who can stand up to the system and can fight in both arenas of the criminal courts and the administrative law system of D.M.V. As soon as you've picked up a charge, contact a competent and trusted DUI lawyer.