Why are there two types of DUI cases in Colorado for each arrest, DMV and Court ? Ask a Colorado, Boulder DUI attorney.
In Colorado driving is considered a privilege and not a right. You might think that it is very important to have a license and drive to work but the State of Colorado believes that the public safety is more important and has classified a license to drive a privilege. This means that they do not have a Judge decide the fate of your license in a DUI case but an administrator for the DMV. We call this a consent violation if you are stopped driving with a Blood Alcohol level at 0.08 or greater. It is a separate hearing from the one on your ticket that you have to go to court to defend. You can have an attorney represent you at these hearings. I have been to many of them. In recent years there has been a new development. This is the interlock device. We have a compromise between the public safety and the need to drive for work etc. With the interlock you can’t drive the car if you have alcohol on your breath. There are ways of getting your license back early in the suspension with an interlock and there are lengthy interlock requirements for repeat and high BAC levels. This is all separate from the misdemeanor criminal case in court. You should contact a qualified DUI, DWAI, attorney in Colorado to know your rights on your case. Paul Stuber