Custer County DUI Court Process

Custer County DUI Court Process

Facing a DUI charge in Custer County, Colorado, can be a daunting experience. This guide provides a step-by-step overview of the court process, potential penalties, and local procedures to help you navigate the legal system. Understanding these steps is crucial to protecting your rights and making informed decisions about your case.

Which Court Handles DUI Cases?

DUI cases in Custer County are handled by the Custer Combined Court. Misdemeanor DUI charges are heard in County Court, while felony DUI charges (such as a fourth offense or a DUI involving serious bodily injury) are heard in District Court.

The Custer Combined Court is located at:

• Address: 205 S. 6th St., PO Box 60, Westcliffe, CO 81252
• Phone: N/A
• Hours: Monday, Tuesday, Thursday 8:00 AM - 5:00 PM (Closed Wednesday and Friday).

To find your court date, you can contact the court directly or check online if such a service becomes available. Be aware that the Custer Combined Court operates on a restricted schedule, being closed on Wednesdays and Fridays. Attempting to conduct business at the courthouse on these days will be unsuccessful. Pleadings can be faxed to 719-735-1706 on closure days, requiring a phone number for payment arrangements.

The Court Process Timeline

1. Arraignment (First Appearance)

The arraignment is your first court appearance. It typically occurs within a few weeks of your arrest. At the arraignment, you will be formally advised of the charges against you, your rights, and the potential penalties you face.

You will be asked to enter a plea of guilty, not guilty, or no contest. If you cannot afford an attorney, you can request a court-appointed attorney at this time. Entering a plea of not guilty does not mean you are denying the charges, but rather that you are asserting your right to a trial.

2. Pre-Trial Hearings

Following the arraignment, a series of pre-trial hearings may be scheduled. These hearings serve several purposes:

• Discovery: The prosecution is required to provide you with the evidence they intend to use against you, including police reports, breath or blood test results, and witness statements. This process is known as "discovery."
• Plea Negotiations: Your attorney may engage in plea negotiations with the prosecutor to try to reach a favorable resolution to your case.
• Motions: Your attorney may file motions to suppress evidence or dismiss the charges against you if there are legal grounds to do so.

Typical plea deals in Custer County, as in other jurisdictions, may involve reduced charges (e.g., from DUI to DWAI - Driving While Ability Impaired), or reduced penalties in exchange for a guilty plea.

3. Trial (If No Plea Deal)

If you and the prosecutor cannot reach a plea agreement, your case will proceed to trial. You have the right to a jury trial, but you can also choose to have a bench trial, where the judge decides the case.

At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. Common defenses in DUI cases include challenging the accuracy of the breath or blood test, arguing that the police lacked probable cause to stop you, or presenting evidence that you were not impaired. Given that County Court Judge Hon. Michael Halpin is a former Custer County Sheriff's Deputy and Colorado State Trooper, defense arguments relying on technical obfuscation of Standardized Field Sobriety Tests (SFSTs) are likely to face a knowledgeable and skeptical arbiter.

The length of a DUI trial can vary depending on the complexity of the case, but it typically lasts one to three days.

Penalties for DUI in Custer County, CO

The penalties for DUI in Custer County are the same as those throughout Colorado and are determined by state law.

First Offense

• Jail Time: CO law § 42-4-1307 states that a first DUI offense can result in a jail sentence ranging from five days to one year.
• Fines: Fines can range from $600 to $1,000.
• License Suspension: A first DUI offense typically results in a license suspension of nine months.
• Other Requirements: You may also be required to complete alcohol education classes, perform community service, and install an Ignition Interlock Device (IID) on your vehicle.

Second Offense

A second DUI offense carries significantly harsher penalties:

• Jail Time: CO law § 42-4-1307 mandates a jail sentence of ten days to one year.
• Fines: Fines range from $600 to $1,500.
• License Suspension: A second offense results in a one-year license revocation.
• Mandatory IID: Installation of an IID is mandatory for at least two years after reinstatement.

Third Offense

A third DUI offense in Colorado is a felony:

• Prison Time: CO law § 42-4-1307 specifies a prison sentence ranging from two to six years.
• Fines: Fines range from $2,000 to $500,000.
• License Revocation: A third offense can result in a permanent revocation of your driver's license.

Court Programs in Custer County

It is vital to determine if Custer County offers diversion programs, drug court, or DUI court. These programs offer an alternative to traditional sentencing and may allow you to avoid jail time and other penalties if you successfully complete the program requirements. Contact the Custer Combined Court or your attorney to inquire about the availability of these programs.

What to Bring to Court

When attending court in Custer County, it's important to be prepared. You should bring the following items:

• Photo ID: Such as a driver's license or passport.
• Court Summons: The official notice you received from the court.
• Any Documentation: Relevant to your case, such as accident reports, medical records, or character letters.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing such as jeans, t-shirts, or shorts.

Local Court Procedures

The Custer Combined Court operates with specific procedures that are important to be aware of. The court is closed on Wednesdays and Fridays. Electronic devices are generally prohibited within the courtroom unless specifically authorized. Devices must be silenced. Taking photographs or videos within the courthouse is strictly prohibited without a media order. Be prepared to pass through security screening upon entering the courthouse.

Appearance via Webex for virtual court proceedings requires prior judicial approval. The court distinguishes between "Parties" (who use the Webex link) and "Observers" (who must use the Public Livestreaming service). Any attempt to capture audio or video of the stream is grounds for immediate expulsion and contempt proceedings.

Frequently Asked Questions

1. Where will I be taken if I am arrested for DUI in Custer County? Since the closure of the Custer County Jail, you will be transported to the Fremont County Detention Center (FCDC) in Cañon City for booking.

2. How can I post bond for a DUI arrest in Custer County? You can post bond at the Fremont County Detention Center (FCDC) in Cañon City using cash (exact change), cashier's check (payable to "Fremont County Combined Courts"), or through a licensed bail bondsman. The Custer County Sheriff also utilizes Allpaid for remote bond payments. The specific Payment Location Code (PLC) is a004w6.

3. What days of the week is the Custer Combined Court open? The Custer Combined Court is open Monday, Tuesday, and Thursday from 8:00 AM to 5:00 PM. It is closed on Wednesdays and Fridays.

Sources

• Custer Combined Court | Colorado Judicial Branch
• Custer County Judges and Staff | Colorado Judicial Branch
• Custer County | Colorado Judicial Branch
• Bonding Information | Fremont County Sheriff's Office - CRIMEWATCH
• Online Bond Payment | Custer County Sherriff Office
• CHief Judge Directive 18-02 Order Regarding Electronic Devices in Judicial Buildings