A DUI arrest in Colorado triggers two actions against you: a civil action and a criminal action. The civil action is more urgent, especially if you took a breath test or refused testing.
Civil Action: Notice of Revocation
If your breath test result was over 0.08% or you refused chemical testing, you received a "Notice of Revocation." This yellow document (8.5 x 11 inches) states at the top:
“YOU MUST ACT WITHIN SEVEN DAYS”
This document serves as your temporary driving permit for seven days. During this time, you must respond to the Department of Revenue (DOR) and request a hearing. If your license is in good standing at the time of the arrest, the DOR will issue a temporary driving permit until the hearing date. Failing to request a hearing within seven days will result in the revocation of your driving privilege for a predetermined period based on your test results.
If you opted for a blood test, you must wait for the results to be sent to the arresting agency. If the result exceeds 0.08%, the officer will complete the Notice of Revocation and send it to the DOR. The DOR will then mail you a letter to your last known address, informing you that your blood test was over the limit and giving you 30 days from the date of the letter to request a hearing. It is your responsibility to keep your address updated with the DOR.
At the hearing, a hearing officer will review the evidence and decide if your driving privilege should be revoked. This civil hearing uses a "preponderance of the evidence" standard, meaning it only needs to be more likely than not (51% to 49%) that you were driving under the influence.
Criminal Action: Court Appearance
The criminal aspect of your arrest is initiated by the issuance of a ticket, which will include a court date in the county where you were arrested, usually set for 45 to 60 days later. Unlike the civil action, this is a criminal matter where you could face jail time for a DUI conviction. However, jail time for a first DUI offense is uncommon unless there are aggravating circumstances. Typically, a first DUI conviction results in mandatory classes, community service, fines, court costs, and possibly attendance at a victim impact panel.
Managing Anxiety and Next Steps
Dealing with the legal system can be stressful. Here are a couple of ways to reduce anxiety:
- Hire an Attorney: An attorney can help navigate deadlines and legal issues, providing peace of mind.
- Enroll in a DUI Education Class: This can help you understand the process and reduce fear of the unknown. Additionally, judges often view enrollment in DUI classes before sentencing as a positive step, showing you are taking the matter seriously and are committed to self-improvement. Note that only classes taken before sentencing count in your favor; community service and victim impact panel attendance are only credited after sentencing.
Taking these steps can help you manage the legal repercussions of a DUI arrest in Colorado and demonstrate to the court that you are addressing your actions responsibly.
