Denver County DUI Court Guide

Your DUI Case in Denver County Court

Facing a DUI charge in Denver County can be overwhelming. This guide provides a step-by-step overview of the court process, potential penalties, and resources available to help you navigate the legal system. Understanding the procedures and requirements will empower you to make informed decisions and work towards the best possible outcome for your case.

Which Court Handles DUI Cases?

In Denver County, DUI and DWAI (Driving While Ability Impaired) charges are classified as criminal offenses and are handled by the Denver County Court (Criminal Division). This court is located at the Lindsey-Flanigan Courthouse, 520 W. Colfax Ave, Denver, CO 80204. Note that traffic infractions and parking disputes are handled at a separate location, the City and County Building at 1437 Bannock Street.

The Denver County Court's filing hours are Monday through Friday, 8:00 AM to 4:00 PM. To contact the County Court Misdemeanor Clerk, call 720-337-0410 (Room 160).

To find your court date, you can use the Public Portal Case Management System. This online portal allows you to search for your case using your name or case number: Public Portal Case Management System.

The Court Process Timeline

The DUI court process in Denver County typically follows these stages:

1. Arraignment (First Appearance)

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

You will be asked to enter a plea of guilty, not guilty, or no contest. Entering a plea of not guilty does not mean you are claiming innocence, but rather that you are asserting your right to have the prosecution prove your guilt beyond a reasonable doubt.

If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment.

2. Pre-Trial Hearings

Following the arraignment, there will be a series of pre-trial hearings. 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 is known as the discovery process.
• Plea Negotiations: Your attorney may engage in plea negotiations with the prosecutor to try to reach a resolution to your case without going to trial.
• Motions: Your attorney may file motions to suppress evidence, challenge the legality of the traffic stop, or raise other legal issues.

Typical plea deals in Denver County DUI cases can vary depending on the specific facts of your case, your prior criminal history, and the strength of the prosecution's evidence. Common outcomes could involve pleading guilty to a lesser charge, such as reckless driving (often referred to as "wet reckless"), or agreeing to a deferred judgment and sentence, which allows you to avoid a conviction if you successfully complete a period of probation.

3. Trial (If No Plea Deal)

If you are unable to reach a plea agreement with the prosecutor, your case will proceed to trial. You have the right to a jury trial, or you can choose to have a bench trial, where the judge decides your guilt or innocence.

At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. They will present evidence such as police officer testimony, field sobriety test results, and chemical test results.

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.

Typical trial length for a DUI case in Denver County can vary, but most trials last between one and three days.

Penalties for DUI in Denver County, CO

The penalties for DUI in Colorado are determined by state law and can vary depending on the number of prior offenses.

First Offense

• Jail Time: 5 days to 1 year, with much of this potentially suspended upon successful completion of probation.
• Fines: $600 to $1,000 plus court costs.
• License Suspension: 9 months.
• Other Requirements: Alcohol and drug evaluation, Level I or Level II alcohol education and therapy classes, and potentially community service. An Ignition Interlock Device (IID) may be required upon reinstatement of driving privileges.

Second Offense

• Jail Time: 10 days to 1 year.
• Fines: $600 to $1,500 plus court costs.
• License Suspension: 1 year.
• Other Requirements: Mandatory IID for at least one year, alcohol and drug evaluation, Level II alcohol education and therapy classes, and community service.

Third Offense

A third DUI offense in Colorado is a Class 4 felony.

• Prison Time: 2 to 6 years in prison.
• Fines: $2,000 to $500,000.
• License Revocation: Possible permanent revocation of your driver's license.
• Other Requirements: Mandatory IID, alcohol and drug evaluation, Level II alcohol education and therapy classes, and community service.

Court Programs in Denver County

The Denver County Court offers several specialized programs aimed at addressing the underlying issues that contribute to DUI offenses:

• Denver Sobriety Court: This voluntary program is designed for repeat misdemeanor offenders facing impaired driving charges. It operates on a structured, five-phase model requiring a 14 to 24-month commitment from the defendant. Participants undergo intensive judicial supervision, frequent drug and alcohol testing, and mandated therapeutic interventions.
• RESTART Program (District Court): For individuals facing a fourth or subsequent DUI charge (which is a felony), the Denver District Attorney's Office oversees the RESTART (Recognizing and Establishing Smart Treatment Alternatives for Recovery and Transition) Program. This program requires an initial county jail sentence, followed by a minimum three-year probation period with community supervision, mandatory counseling, and judicial oversight.
• Recovery Court: Presided over by the Honorable Kelly Cherry, this court accepts defendants whose substance misuse heavily correlates with their involvement in the criminal justice system. It offers wrap-around support services to address complex underlying conditions, such as traumatic brain injuries or deep psychological trauma.

What to Bring to Court

When attending court in Denver County, it is essential to bring the following items:

• Photo ID: A valid driver's license, state-issued ID card, or passport.
• Court Summons: The official notice you received from the court with your hearing date and time.
• Any Documentation: Any documents relevant to your case, such as police reports, medical records, or proof of insurance.
• Professional Dress Code: Dress in a professional manner to show respect for the court. Avoid wearing casual clothing such as shorts, t-shirts, or hats.

Local Court Procedures

The Second Judicial District, which includes Denver County, enforces a strict electronic device policy. All cell phones, tablets, and laptops must be muted or powered off upon entering a courtroom. Using any electronic device to take photographs, record audio, or broadcast proceedings is strictly prohibited and can result in confiscation of the device and contempt of court charges.

The Lindsey-Flanigan Courthouse utilizes airport-style security checkpoints at its entrances. During peak morning docket hours (typically 8:00 AM to 9:00 AM), lines to pass through the magnetometers can be long. Arrive at least 45 minutes prior to your scheduled docket time to avoid being late.

The Denver County Court also expects defendants to adhere to a professional dress code. Avoid wearing cut-offs, sunglasses resting on the head, hats, or chewing gum in the courtroom.

Familiarize yourself with the Public Portal Case Management System, as it allows you to look up your courtroom assignments, view your case history, process case payments, and pay certain bonds online: Public Portal Case Management System.

Frequently Asked Questions

Q: Where do I go for my DUI court appearance in Denver County? A: All DUI and DWAI charges are heard at the Lindsey-Flanigan Courthouse, located at 520 W. Colfax Ave, Denver, CO 80204.

Q: What happens if I miss my court date in Denver County? A: If you miss your court date, the judge may issue a failure-to-appear warrant for your arrest. It is crucial to contact a DUI attorney immediately if you miss a court date.

Q: What is the Denver Sobriety Court, and am I eligible? A: The Denver Sobriety Court is a specialized treatment docket for repeat misdemeanor DUI offenders. Admission requires a rigorous legal and clinical screening. It involves intensive supervision, testing, and therapy.

Sources

• Denver County Court
• Public Portal Case Management System
• Court Services - City and County of Denver
• Denver County Court Opens New Recovery Court
• Denver Problem Solving Courts
• Appearing in Colorado Criminal Courts