Cheyenne County DUI Court Process
Complete guide to arraignment, court dates, plea options, and what to expect during your DUIcase in Cheyenne County.
Court Information
Cheyenne County General Sessions Court
Court Process Timeline
Arraignment
First court appearance, typically within 24-48 hours after arrest.
What Happens:
- Judge reads charges against you
- You enter initial plea (usually Not Guilty)
- Bail is set or reviewed
- Next court date is scheduled
- Public defender appointed if needed
Pre-Trial Hearings
Multiple court dates over 2-6 months where your attorney negotiates with prosecutors.
Attorney Activities:
- Review police reports and evidence
- File motions to suppress evidence
- Challenge breathalyzer/blood test results
- Negotiate plea bargains
- Discuss diversion program eligibility
Plea Bargain or Trial
Most DUI cases (over 90%) resolve through plea bargaining, not trial.
Plea Bargain Benefits
- • Reduced charges
- • Lighter sentence
- • Certainty of outcome
- • Lower costs
Trial Risks
- • Maximum sentence if convicted
- • Higher legal fees
- • Uncertainty
- • Time consuming
Sentencing
Judge determines penalties based on the plea agreement or trial verdict. Sentences may include fines, probation, jail time, license suspension, IID, SCRAM monitoring, and/or DUI classes.
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A DUI attorney can make the difference between a conviction and a dismissal, between jail time and probation. They know local judges, prosecutors, and can challenge evidence that you might not even know is challengeable.
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Your DUI Case in the Combined Court
The 15th Judicial District processes approximately 15 to 20 DUI filings annually within this eastern plains jurisdiction. A DUI arrest on U.S. Highway 40 or U.S. Highway 385 initiates a dual-track legal process. The criminal case proceeds through the trial court system, while the driver's license action occurs independently through the Colorado Department of Revenue. Resolution of the criminal charges requires appearances at the courthouse in Cheyenne Wells.
Which Court Handles DUI Cases?
The Combined Court in Cheyenne Wells handles misdemeanor and felony DUI violations.
- Court Location: 51 S. 1st St., P.O. Box 696, Cheyenne Wells, CO 80810
- Court Clerk Phone: (719) 767-5649
Your initial court date is written on the summons or bond paperwork issued upon release from the local jail at 91 East 1st St N. You can verify scheduled appearances by calling the court clerk at (719) 767-5649 or checking the Colorado Judicial Branch Trial Court Portal.
The Court Process Timeline
1. Arraignment (First Appearance)
The court schedules the arraignment within 30 to 45 days of the arrest. During this proceeding, the judge reads the formal charges, which generally allege violations of C.R.S. § 42-4-1301. Judge Deni Eiring presides over district court matters.
2. Pre-Trial Hearings
The discovery process begins after the arraignment. The prosecution must provide the defense with all evidence, including police reports, breathalyzer calibration logs for the Intoxilyzer 9000, and dashcam videos from the arresting agency.
Defense counsel meets with the Deputy District Attorney to discuss evidentiary issues, such as transport delays to Keefe Memorial Hospital for blood draws. Common resolutions include pleading down from a DUI to a Driving While Ability Impaired (DWAI) charge, which carries lower mandatory penalties.
3. Trial (If No Plea Deal)
Misdemeanor DUI defendants have a right to a jury trial of six citizens. A bench trial, where the judge decides the verdict, is also an option if both parties agree.
The state must prove beyond a reasonable doubt that you were driving a vehicle while under the influence of alcohol, drugs, or a combination of both. Common defenses involve challenging the legality of the initial traffic stop on US-40, disputing the 20-minute observation period required before a breath test, or questioning the accuracy of blood-draw procedures at Keefe Memorial Hospital. Most misdemeanor DUI trials in this jurisdiction conclude within one to two days.
Penalties for DUI under Colorado Law
Penalties escalate based on prior offenses under C.R.S. § 42-4-1307.
First Offense
- Jail Time: 5 days to 1 year. The court may suspend the jail sentence upon successful completion of alcohol evaluation and treatment.
- Fines: $600 to $1,000, plus court costs.
- License Suspension: 9 months.
- Other Requirements: 48 to 96 hours of useful public service, Level II alcohol education and therapy, and installation of an Ignition Interlock Device.
Second Offense
- Jail Time: Mandatory minimum of 10 consecutive days up to 1 year.
- Fines: $600 to $1,500, plus court costs.
- License Suspension: 1 year.
- Other Requirements: Mandatory 2 years of an Ignition Interlock Device, 48 to 120 hours of community service, Level II therapy, and 2 years of probation.
Third Offense
- Jail Time: Mandatory minimum of 60 consecutive days up to 1 year.
- Fines: $600 to $1,500, plus court costs.
- License Suspension: Indefinite revocation with a minimum of 2 years before eligibility for reinstatement.
- Other Requirements: Mandatory 2 years of an Ignition Interlock Device, 48 to 120 hours of community service, and supervised probation. A fourth DUI offense is classified as a Class 4 felony, carrying 2 to 6 years in prison.
Court Programs in the Wells Jurisdiction
The 15th Judicial District offers an Adult Diversion program located at 110 E Oak St, Lamar, CO. The contact is Tammy Williams at (719) 336-7446. If accepted, the defendant enters a contract to complete conditions, including classes, community service, and sobriety. Upon successful completion, the charges are dismissed and the case is sealed.
There are no specialized drug or DUI courts operating in this local court. Useful public service must be coordinated through the probation department.
What to Bring to Court
You must bring specific items to every court appearance:
- A photo identification card, such as a driver's license or passport.
- Your court summons or bond paperwork.
- Proof of enrollment at Centennial Mental Health Center, if applicable.
The court enforces a professional dress code. Avoid shorts, sandals, hats, or clothing with offensive graphics. Turn off or silence all mobile devices before entering the courtroom.
Local Court Procedures
Arrive at 51 S. 1st St. at least 15 minutes before your scheduled docket time. Report to the clerk’s window or follow signage to the courtroom.
The court strictly monitors compliance with sentencing requirements. For Level II alcohol education and therapy, the primary local provider is Centennial Mental Health Center, located at 80 E 1st St, Suite 2, Cheyenne Wells, CO 80810, phone (719) 346-8183. Defendants must complete a pre-sentence alcohol evaluation, which costs approximately $200.