A good attorney will take you through the events leading up to your arrest, the circumstances of the traffic stop, your interaction with the trooper, officer or deputy who stopped you, the events of your arrest, the advisements given to you and the events of the test (or refusal). All of these events have the potential to open up defenses or motions to suppress evidence. Even if the facts are not helpful to you, you want to think about how to defend the case and show you are serious about making sure you are never in a car with alcohol in your system again.

Make sure your mailing address is up to date with the Colorado Department of Motor Vehicles (the “DMV”). DMV form DR 2285 available at: https://www.colorado.gov/pacific/sites/default/files/DR2285_0.pdf. You will not get the proper notices from the DMV if they have the wrong address. Do not forget to check your mail.

If you get notice of an “express consent revocation,” usually in the form of a yellow temporary permit you got when you were arrested or a notice by mail, do the following:

a. Request a hearing at the DMV in the time required (read your notice). The Colorado Springs office is located at 2447 Union Boulevard, Colorado Springs, Colorado 80909, at the corner of Union & Van Buren. Whether you request the DUI officer to be present is a strategic decision based on the nature of your defense. I would ask my clients not to request the trooper, officer or deputy because I will subpoena him or her later when necessary.

b. Request your express consent packet from the DMV. These are documents from the DMV that will be used at the hearing. DMV form DR 2664: https://www.colorado.gov/pacific/sites/default/files/DR2664.pdf.

c. Retest your blood sample. This has to be coordinated with the agency – State Patrol, police or sheriff – that arrested you. You hire a courier to pick up the sample and take it to the testing lab. You pay for an evidentiary retest. Colorado no longer requires that a second breath sample be preserved, so you cannot retest a breath test.

d. Obtain and serve subpoena(s) to appear at the DMV hearing on the trooper(s), officer(s) or deputy(ies) when appropriate (this must be done by the process required by the DMV using its forms). 1 C.C.R. 211-2(5.1), et seq.

e. If your hearing is set to be by phone, you need to submit your documents to the DMV ahead of time.

f. Appear at the hearing and present your defenses.

If you lose your DMV hearing, get started putting together your reinstatement requirements right away so you can get early reinstatement (after 30 days for a per se revocation and after 60 days for a refusal revocation). The reinstatement requirements for a first offense are described here: https://www.colorado.gov/pacific/dmv/about-reinstatements#Adult.08+. Generally you have to provide the DMV the reinstatement form, a reinstatement fee, proof of SR-22 insurance, and proof of a contract with an authorized interlock provider.

Order discovery from the Fourth Judicial District Attorney. That process is described here: http://www.4thjudicialda.com/aboutdiscovery.aspx. “Discovery” is the name for the documents and other written evidence the prosecutor will use to try to convict you. It includes reports, checklists, test results and other documents generated by the government agents who arrested you. It may not include photographs, physical items of evidence, recordings and other non-document evidence – you have to request such things separately.

Estimate your blood alcohol level and compare it to what was reported by the trooper, officer or deputy. If you find a significant difference between your estimate and the reported result, it may be a good place to find a defense.

Retest your blood sample. This has to be coordinated with the agency – State Patrol, CSPD or EPC Sheriff – that arrested you. You hire a courier to pick up the sample and take it to the testing lab. You pay for an evidentiary retest. Colorado no longer requires that a second breath sample be preserved, so you cannot retest a breath test.

Obtain the litigation packet for the testing device used to test your blood or breath. This packet is particularly helpful if you get a retest done that is significantly different that the government’s test results or if you have reason to believe the tests grossly overstated your blood alcohol content. I often hire an expert to review the packet for my clients in such circumstances.

Hire an investigator to interview key witnesses. Key witnesses can be helpful or hurtful to your defense. You have to find out what these witnesses will say ahead of time. Investigators help because they are not involved in the case, are more neutral than you or other witnesses, and can report on what they hear and see to you in a report that might help you persuade the prosecutor to give you a better result or persuade a judge or jury.

Go to the scene and see if the prosecution’s story makes sense. Hire an investigator to take pictures and to document the scene, your car, or any other relevant conditions. Issues like weather, lighting, slope, road surface issues and sight lines can create doubt that helps you defend the case.

Figure out whether you want to hire an expert. Experts can help persuade a jury or a prosecutor that your defenses have merit.

Enroll in a Level II alcohol education class now. The class helps you show you take the allegations seriously and are evaluating the role of alcohol (or drugs) in your life. It is mitigation: evidence you use to get the prosecutor to give you a better offer or that you use to allow the judge to give you a lesser sentence if you get convicted. You can find a list of providers at: http://www.colorado.gov/cs/Satellite.

If you complete Level II education, start with therapy sessions. It is the same issue as the reason to do the education. You want to show you deserve a break because you are being proactive with your decisions. The clients who never come back to me for a second DUI defense, use education and therapy to figure out why they got into a car with some alcohol in their systems and learn the tools to avoid a similar decisions in the future.

Start doing community service through a certified agency, normally Front Range Community Services, Inc., 11 East Vermijo Avenue, Colorado Springs, Colorado 80903. Do a minimum of 48 hours.

If you have a more serious alcohol issue, think about intensive outpatient treatment or inpatient treatment. This is can be a great opportunity to figure out whether you have a healthy relationship with alcohol (or drugs). Are you using alcohol to deal with a tragic event or depression? Get help. You can go have a happy life if you get treatment and medication.

File motions to limit the evidence against you. These are called motions to suppress evidence. They can be based on constitutional issues; the Fourth Amendment protection from unreasonable searches and seizures, for example. They can be based on facts; faulty testing equipment, for example. It takes years of practice to understand how motions fit in with the defense of a case, but that does not mean you cannot give a motion a try.

Organize and prepare your evidence for hearing and trial. Make sure you have multiple copies of the exhibits you want to use. Prepare your questions for each witness. Ask the court to issue subpoenas for witnesses you need at hearing or trial. This is not the same process as the DMV process so ask the judge for what you need. A jury can be persuaded with a simple and truthful argument. A jury can be persuaded with the lack of evidence. Make sure you know what you are trying to persuade someone to believe before you head to hearing or trial.

Think hard about whether to accept or reject a plea bargain offer. This is very hard to do without some experience in knowing what might happen at a hearing or trial. Generally, I want my client to analyze the risk of a conviction against the costs and benefits of a plea offer.

If you get convicted, do a good job explaining why you deserve a minimum sentence. Anything that shows you know how to or have been following the rules is helpful. Bring proof that you are in treatment. Bring proof that you are doing community service. Bring proof you have a job. Bring proof you have not been drinking. Bring such things to the probation department and to the sentencing.

If you get convicted, get started on your sentence right away. Waiting to get started can result in having too little time to get things done. Then you risk having a warrant go out for your arrest and spending the night (or longer) in jail while the court figures out why you have not completed your sentence.

When you complete the pieces of your sentence, get proof and make sure you file it with the court. Ask for a document that shows you completed Level II education. Same for therapy and community service. Keep your receipt showing you paid your fines, fees and costs. Get proof that you went to the MADD class. Keep copies of all such documents in a safe place that you can find easily in the future.

Do not get behind the wheel of a car again after you have been drinking (or using). Drinking is okay if you are not dependent on alcohol. Nothing good happens with a second offense. You face more expense, more jail and more angst. A second offense also signals a more serious issue with alcohol in your life.

A DUI/DWAI Criminal Charge May Have A Long Lasting Effect For You.
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