Colorado can be a wonderful place to vacation. But when vacationers are arrested for allegedly drunk driving, a carefree visit can turn into a legal headache. Here’s what non-residents of Colorado should know about out-of-state DUIs.
Immediately after a DUI Arrest…
People arrested for DUI in Colorado – both residents and non-residents – will typically have to post bond to be released from jail after a DUI arrest. For those who don’t live in the state, however:
- They will be required to return to Colorado to attend all of their court dates, and this can greatly increase the cost of a DUI case.
- If out-of-state residents have a local DUI attorney representing them, they can avoid having to come back to Colorado to resolve their DUI case.
- These people will also typically have to deal with travel restrictions, which require them to get special permissions to travel to a state (or anywhere) other than Colorado or their home state.
Driver’s License Suspensions
Whether or not a motorist’s driver’s license will be suspended after a DUI arrest will depend on whether:
- The driver refused to submit to blood alcohol concentration (BAC) testing. If so, then an automatic driver’s license suspension will go into effect.
- The driver requested a hearing with the Colorado Department of Revenue, DMV. If not (or depending on the outcome of the hearing), a license suspension can go into effect.
Additionally, depending on the laws of the motorist’s home state, the license suspension may be upheld in the motorists’ home state.
Wrapping Up the Case & DUI Probation
Should the DUI case end in a conviction (or depending on the terms of the plea deal if the case is not dismissed), out-of-state residents will have to fulfill a DUI probation, and this probation:
- Will likely require motorists to complete alcohol education courses, install ignition interlock devices in their vehicles and/or satisfy additional requirements (like community service, etc.)
- Can be transferred to the driver’s home state under certain conditions.
Specifically, a DUI probation transfer can occur as long as the following conditions are satisfied:
- The probationary term is longer than 90 days.
- The DUI is a second (or subsequent) case for a driver.
- The driver as fully complied with the terms of probation in Colorado up until the time of transfer.
- The home state has a plan for supervising the probation.
The Bottom Line about Out-of-State DUIs in Colorado
When it comes to out-of-state DUIs in Colorado, the bottom line is that:
- These cases can be far more complex than DUI cases for Colorado residents.
- Having an experienced DUI lawyer helping you resolve these issues and navigate the complexities of the process will be pivotal to securing the best possible outcomes.
Adams County and Boulder DUI Attorneys at Peter Loyd Weber & Associates
Have you or a loved one been charged with a DUI? If so, the Adams County and Boulder DUI attorneys at Peter Loyd Weber & Associates are ready to immediately start defending you. Our primary concern is protecting your constitutional rights throughout the criminal process while helping you obtain the best possible outcome to your case.
We have a proven record of success and excellence in helping our clients favorably resolve their criminal cases, and we are ready to put our experience, knowledge and skills to work for you.