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How to Get a DUI Dismissed in Colorado

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Posted By William McAdams | September 4 2024 | DUI

Getting arrested for DUI in Colorado is stressful and concerning. There are many consequences individuals face along with DUI charges, which makes it natural to wonder how they might get their DUI charges dismissed.

Obtaining a dismissal is a challenging process that is not possible in every case. There are several factors that need to be considered, including the evidence against you, the legality of the arrest, and any potential errors made during the breathalyzer or blood test.

For a chance of a DUI dismissal, you must have a skilled and experienced DUI defense attorney handling your case who can carefully analyze the evidence and develop a strong defense strategy. If you are facing a DUI charge in Colorado, contact McAdams Law Office today for a free consultation and guidance on how to defend against your charges.

What Happens After Your DUI Arrest?

After a DUI arrest in Colorado, there are a series of measures that will be taken. First, your driver’s license will be suspended, and you may be given a temporary license that will allow you to drive for a limited period of time. Additionally, you will be scheduled to appear in court for your arraignment where you will enter a plea of guilty or not guilty. It is important to consult with a Colorado DUI defense lawyer before making any decisions or statements to the court. The lawyer can guide you through the process and help protect your rights.

A DUI conviction can have serious consequences on various aspects of your life. It can result in the suspension of your driver’s license, an increase in your insurance rates, mandatory alcohol education programs, fines, and even jail time. Moreover, a DUI conviction will leave a mark on your criminal record, which can affect your employment prospects, educational opportunities, housing applications, and more. You must explore all possible defenses and strategies to avoid a DUI conviction with a dismissal, and never plead guilty without a defense attorney’s advice.

Understanding the Time Limits for DUI Cases in Colorado

In Colorado, there are time limits for prosecuting DUI cases. There are time limits for both you, as the person arrested, and for the prosecutor to issue charges. Time limits apply to you even if no charges have been issued yet. Therefore, it is imperative to act quickly and consult with a Colorado DUI defense lawyer.

Requesting an Administrative Hearing

When you are arrested for DUI in Colorado, your driver’s license will be automatically suspended. However, you have the right to request an administrative hearing to challenge the suspension. This hearing must be requested within a certain timeframe, typically within seven days of your arrest. During the hearing, your attorney can present evidence and arguments to potentially get your license reinstated or prevent the suspension from taking effect. It is important to have a knowledgeable Colorado DUI defense attorney by your side during this process to increase your chances of a favorable outcome.

Statute of Limitations for DUI Charges

The statute of limitations for a misdemeanor DUI offense in Colorado is 18 months from the date of the offense. This is how long the prosecutor has to file charges following the alleged DUI event or arrest in question. However, it is important to note that this time limit does not apply to administrative proceedings to suspend or revoke your driver’s license. It only applies to the criminal prosecution of the DUI offense. Consulting with a DUI defense lawyer in Greeley will ensure that you understand the appropriate time limits and take the necessary steps to protect your rights.

What Happens if This is Your First DUI?

If this is your first DUI offense in Colorado, the consequences can still be severe. Colorado has a “per se” law, which means that if your blood alcohol concentration (BAC) is above the legal limit of 0.08%, you can be charged with DUI regardless of whether your driving was impaired or not.

A first-time DUI offense carries penalties such as fines, mandatory alcohol education programs, probation, and possibly even jail time. Always consult with a Colorado DUI defense lawyer who can evaluate your case and explore potential defenses to get the charges dismissed or reduced.

How to Get a DUI Dismissed in Colorado?

Fighting a DUI charge requires a strategic and comprehensive approach. There are various defense strategies that can be used, depending on the circumstances of your case. Some common defense tactics include:

  • Challenging the legality of the traffic stop or arrest
  • Questioning the accuracy of the breathalyzer or blood test results
  • Questioning the credibility of the arresting officer’s observations
  • Identifying an expired statute of limitations

A skilled Colorado DUI defense lawyer can thoroughly investigate the details of your case, gather evidence, and build a strong defense strategy to fight for a dismissal or reduction of charges.

How to Get a DUI Dismissed in Colorado

Sealing vs. Expunging DUI Records in Colorado

In Colorado, it is not possible to expunge a DUI conviction from your criminal record. However, after completing all the requirements of your sentence, you may be eligible to have your DUI record sealed. Sealing your record means that it will not be accessible to the public, including potential employers, landlords, or educational institutions.

However, sealing does not completely erase the conviction, and certain government agencies may still have access to the sealed record. A Colorado DUI defense lawyer can help you understand the options available and guide you through the process of possibly sealing your DUI record.

Consult a Colorado DUI Defense Lawyer Right Away

If you are facing a DUI charge in Colorado, consult with a skilled and experienced DUI defense lawyer as soon as possible. McAdams Law Office is dedicated to providing trusted representation for DUI defendants in Greeley, CO, and surrounding areas.

Our team will carefully analyze your case, develop a strong defense strategy, and fight to get your charges dismissed or reduced whenever possible. Don’t face a DUI case alone. Contact McAdams Law Office today at 970-353-0000 for a free consultation and take the first step towards protecting your rights and your future.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.