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Understanding the administrative and criminal process for DUI

On Behalf of | Jul 1, 2021 | Criminal Defense

After getting arrested for drinking and driving, you may have concerns about what happens next. You may also feel anxious about the penalties you face, which could include license suspension, jail time and fines.

According to the Colorado Department of Revenue, there are two separate aspects of your case that you must address following a DUI arrest. These include the administrative process and the criminal process, and each has its own requirements.

The criminal process

During the criminal process, the court will determine what penalties you face for drinking and driving if they decide that you are guilty. The court may impose restitution, treatment programs, fines, jail time, probation or other consequences.

The administrative process

Following your DUI arrest, you must request a hearing with the Department of Revenue Hearings Division. You only have a limited amount of time to request a hearing, depending on whether you chose a breath test or a blood test during the arrest. You will lose your right to drive if you do not request a hearing within the timeframe given. How long your license remains revoked depends on your blood alcohol content level at the time of the arrest and whether you have a previous DUI on your record.

The findings during the administrative proceedings have no effect on the criminal process, and vice versa. Proactively managing both the administrative and criminal aspects of your case can help you mitigate your charges and move forward faster than if you were to ignore the impending processes.

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