Morgan County DUI Court Process

Morgan County DUI Court Process

Navigating the court system after a DUI arrest can be overwhelming. This guide provides a step-by-step overview of the DUI court process in Morgan County, Colorado, to help you understand what to expect and prepare for each stage.

Which Court Handles DUI Cases?

DUI cases in Morgan County are typically handled by the Morgan County Combined Court. This court has jurisdiction over misdemeanor and felony criminal cases, including DUI offenses.

• Court Name: Morgan County Combined Court
• Address: 400 Warner Street, Fort Morgan, CO 80701
• Hours: 8:00 AM to 4:00 PM, closed 12:00 PM to 1:00 PM for lunch
• Phone: N/A

Finding your court date can be done by contacting the court clerk, though phone access may be limited.

The Court Process Timeline

The DUI court process generally follows these steps:

1. Arraignment (First Appearance)

• When it Happens: The arraignment is your first appearance in court, usually within a few days or weeks after your arrest.
• What to Expect: At the arraignment, the judge will inform you of the charges against you, your rights, and the potential penalties if convicted.
• Entering a Plea: You will be asked to enter a plea of guilty, not guilty, or no contest.
• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment. The court will assess your financial situation to determine if you qualify.

2. Pre-Trial Hearings

• Discovery Process: The discovery process involves the exchange of information between the prosecution and the defense. The prosecution must provide you with the evidence they intend to use against you, such as police reports, breath or blood test results, and witness statements.
• Plea Negotiations: Plea negotiations are discussions between your attorney and the prosecutor to reach a resolution without going to trial. This may involve pleading guilty to a lesser charge or a reduced sentence.
• Typical Plea Deals in Morgan County: While specific outcomes vary, common plea deals may involve reduced charges (e.g., from DUI to reckless driving) or reduced penalties in exchange for a guilty plea.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury, where a panel of citizens decides your guilt or innocence. You can also choose a bench trial, where the judge makes the decision.
• What Prosecution Must Prove: The prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. This typically involves presenting evidence of your blood alcohol content (BAC) exceeding the legal limit of 0.08, as specified by CO law § Code 1803, or evidence of impairment.
• Common Defenses: Common defenses in DUI cases include challenging the accuracy of the breath or blood test, arguing that the police lacked probable cause for the traffic stop, or demonstrating that your driving was not impaired.
• Typical Trial Length: DUI trials can last from one to several days, depending on the complexity of the case.

Penalties for DUI in Morgan County, CO

Penalties for DUI in Colorado, including Morgan County, are determined by state law and can vary depending on the circumstances of the offense.

First Offense

• Jail Time: Under Colorado law, 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) in your vehicle.

Second Offense

A second DUI offense carries more severe penalties under Colorado law.

• Increased jail time: A jail sentence ranging from 10 days to one year.
• Increased fines: Fines ranging from $600 to $1,500.
• Longer suspension: A license suspension of one year.
• Mandatory IID: Mandatory installation of an IID for a longer period.

Third Offense

A third DUI offense is a felony in Colorado.

• Prison time: You could face a prison sentence ranging from two to six years.
• Significant fines: Substantial fines, potentially exceeding $10,000.
• Permanent revocation risk: The risk of permanent driver's license revocation.

Court Programs in Morgan County

• Diversion Programs: It is essential to confirm if Morgan County offers diversion programs for first-time DUI offenders.
• Drug Court: Morgan County may have a drug court program for individuals with substance abuse issues.
• DUI Court: Morgan County may have a dedicated DUI court program that focuses on rehabilitation and treatment for DUI offenders.
• Community Service Opportunities: Details on community service opportunities are available from the probation office or the court.

What to Bring to Court

• Photo ID: A valid driver's license, passport, or other government-issued photo ID.
• Court Summons: The official notice from the court that informs you of the date, time, and location of your hearing.
• Any Documentation: Any relevant documents related to your case, such as police reports, accident reports, or medical records.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing such as jeans, t-shirts, or hats.

Local Court Procedures

The 13th Judicial District, which includes Morgan County, has moved away from rigid bond schedules toward individualized bond hearings, as indicated by Chief Judge Orders 14, in compliance with statutory requirements for individualized risk assessment (C.R.S. § 16-4-103). This means that after a DUI arrest, you will likely be held without bond until you can appear before a judge or magistrate for an advisement.

For arrests occurring over the weekend, bond hearings for Morgan County are conducted at 7:00 AM on Sunday and 7:00 AM on Monday.15 These hearings are increasingly conducted via audiovisual technology (Webex/Livestream) connecting the jail to the magistrate.15

The Morgan County Combined Court is closed for lunch from 12:00 PM to 1:00 PM, so plan your visits accordingly.

Frequently Asked Questions

1. Where are weekend bond hearings held for DUI arrests in Morgan County? Weekend bond hearings are conducted via audiovisual technology, connecting the Morgan County Detention Center to the magistrate.
2. What time are bond hearings held on the weekend in Morgan County? Bond hearings are held at 7:00 AM on Sunday and 7:00 AM on Monday.15
3. Where is the Morgan County Combined Court located? The Morgan County Combined Court is located at 400 Warner Street, Fort Morgan, CO 80701.

Sources

• Morgan County Combined Court
• IN THE THIRTEENTH JUDICIAL DISTRICT IN AND FOR THE STATE OF COLORADO ORDER RESCINDING BOND SCHEDULES AND IMPLEMENTING DISTRICT