If you just got cited for your first DUI, you probably have some questions. This article provides a brief overview of what the answers to your questions. Some of this information may or may not apply to you, give Peter Loyd Weber and Associates a call at 720-863-7755 for answers to questions specifically about the issues surronind your case.
I got a “Summons”; what is that?
A summons is a legal document instructing you to appear in court. In Colorado, you cannot just pay your DUI as you would a speeding ticket. A court appearance is necessary. If you were released to a sober party you were given a summons detailing when and where you must appear. This information can be found at either the top, middle, or bottom of the page depending on which jurisdiction (i.e. municipality or state patrol) issued the summons. Additionally the summons will detail other violations with which you may be charged.
My Summons says I also …. ?
Committed Careless Driving? Weaved? Failed to Obey Traffic Control Signal? When you are charged with a DUI/DWAI, you are frequently charged with another lesser violation. This charge will most likely be dropped as part of a plea agreement or sentenced concurrently in the event that a DUI trial is unsuccessful. Talk with an attorney about your specific charge and what the effects you will encounter.
My Summons says I failed to present insurance and I am totally insured.
In that case get your attorney a copy of a valid insurance card, these charges can almost always be dropped with a valid, at the time of offense, proof of insurance.
What happens when I go to court for the first time?
If you go to court with an attorney, they will walk you through the individual steps. If you do not retain an attorney; you will probably be given a rights advisal form to sign. Then you will be given the opportunity to apply for the public defender or speak to the district attorney. The public defender provides attorney services to low income citizens facing jail time. The district attorney is the person trying to prove that you were driving drunk. Be careful what you say to the district attorney, they may offer you a plea agreement, but you may make incriminating statements. The district attorney is not your lawyer.
I also got an “Express Consent” form. What is that?
The express consent process relates to your driving privilege. Express Consent laws require you to submit to a blood or breath test or suffer consequences for non-compliance. If you did a breath test at the police station or if you refused your license should have been surrendered to the police officer. In that case you need to go to the local DMV office and request a hearing. At this time you can get a temporary license, good until the hearing. If you submitted to a blood test those results can take up to several months. The results will come in the mail so make sure the DMV has your current address. When you get the results, go to the local DMV office and request that hearing, people subject to blood tests can get temporary licenses as well.
This can be a stressful time; there is nothing easy about dealing with a DUI proceeding. Consult with an attorney at Peter Loyd Weber and Associates at 303-863-7755 to discuss the issues with your case or any question you may have about your DUI.