Delta County Court Process

Navigating a DUI Arrest in Delta County, Colorado: A Practical Guide

If you've been arrested for DUI in Delta County, understanding the local legal landscape is crucial. This guide provides a step-by-step overview of the process, from arrest to potential release, focusing on the specific procedures and challenges unique to this Western Slope community.

Understanding the Arresting Agency

Your first step is identifying which agency made the arrest. This determines where your vehicle is impounded and which procedures apply.

• Delta Police Department (DPD): If arrested within the Delta city limits, especially near Main Street or Palmer Street, the DPD is likely the arresting agency.
• Delta County Sheriff’s Office (DCSO): Arrests in unincorporated areas like Paonia, Hotchkiss, or Crawford typically fall under the DCSO's jurisdiction. They also operate the Delta County Detention Facility.
• Colorado State Patrol (CSP): The CSP primarily patrols Highway 50 and Highway 92. CSP involvement often means a more rigorous investigation, potentially including blood draws for toxicology.

Vehicle Impoundment and Release

Recovering your vehicle after a DUI arrest in Delta County involves several steps. Be prepared for fees and documentation requirements.

1. Clear the Hold: Contact the arresting agency (DPD, DCSO, or CSP) to determine if a "police hold" is on your vehicle, especially if the DUI involved an accident. You'll need a release form from the agency before the tow company will release the car. The Delta County Sheriff's Office is located at 211 W 6th Street.
2. Verify Ownership: The tow company requires proof of ownership: a valid government-issued photo ID and the vehicle's current registration or title. If the registration is inside the vehicle, you may be allowed a supervised "property retrieval" visit.
3. Sober Driver: If your license was confiscated, you cannot drive the vehicle. A licensed, sober driver must be present to drive the vehicle off the lot.
4. Payment: Full payment is required. Unlike some private property tows, law enforcement impounds generally require full settlement of the bill. Cash or major credit cards are typically accepted; personal checks are usually refused. Expect daily storage fees to accrue quickly.

Incarceration and Bond

All DUI arrestees in Delta County are processed through the Delta County Detention Facility, located at 555 Palmer Street, Delta, CO 81416. The phone number is 970-874-2021.

1. Booking and Sobriety Hold: Expect a delay during booking. The jail will hold you until your Breath Alcohol Content (BrAC) drops to a safe level (usually below 0.02). This "drying out" period can last 4-8 hours. No bond can be posted until this hold is lifted.
2. Fees: The Sheriff's Office charges a $20.00 booking fee and a $10.00 bond fee, in addition to the bond amount.
3. Bond Schedule: Delta County uses a risk-based assessment tool (CPAT-R) to determine bond.

• First Offense DUI: A Personal Recognizance (PR) Bond or a cash/surety bond of $1,000 is common.
• Second/Subsequent Offense: Monitored sobriety is often a mandatory condition of bond.
• Driving Under Restraint (Alcohol): Bond is typically higher, around $3,000.

1. Payment Options:

• Cash: Accepted at the jail kiosk (no personal checks).
• Credit Card: Available via SMARTDEPOSIT.com or the facility's QR code system. Be aware that credit card payments can take up to two business days to post.
• Bail Bondsmen: Agents like ASAP Bail Bonds (719-738-6500) or Bail City Bail Bonds (855-707-2245) can post the full amount for a non-refundable premium (typically 10-15%).

Economic Considerations

A DUI in Delta County carries significant economic implications. Fines, legal fees, insurance hikes, and treatment costs can easily exceed $13,500. The loss of a driver's license can also jeopardize employment, particularly in industries like agriculture, mining, and service.

If your license is suspended, consider the Ignition Interlock Device (IID) as a potential lifeline. Local installers like Western Slope Interlock can help, but be prepared for recurring calibration and lease fees.

Next Steps

If you've been arrested for DUI in Delta County, your next step should be to contact a qualified attorney familiar with the local court system and procedures. They can help you navigate the complexities of the legal process and protect your rights.