A short drive home turns into red and blue lights in the mirror. Then come handcuffs. Then, a holding cell at the county jail. The questions start right away. When can I leave? What happens to my license? Will I lose my job over this?
Calling The Law Offices of Susan Deschler about your Summit County DUI can help you get answers to those questions. Clients usually contact Susan after an arrest, when the next several weeks may feel uncertain. She reviews what happened, explains each step in plain language, and represents them at the court dates that follow.
What Happens First in a DUI Case?
After a DUI arrest, two clocks start ticking at the same time. The criminal case moves through the Summit County Combined Court. That starts with a first appearance and later an arraignment. At the same time, the Colorado DMV opens its own case. That can end a driver’s license long before the criminal case reaches trial.
Both cases have real deadlines. Missing either one narrows the choices left later.
What Happens When You Get a DUI in Summit County?
Officers take an arrested driver to the Summit County Detention Facility for booking. That is the same whether the stop happened in Breckenridge, Frisco, Dillon, Silverthorne, Keystone, or along Interstate 70. The facility is located within the Summit County Justice Center at 501 North Park Avenue in Breckenridge. It is the same building that houses the court.
Booking includes fingerprints, a photo, and a breath or blood test. Colorado’s express consent law requires this test after a DUI arrest. The sample must come within two hours of driving.
What Will You Be Charged With?
The test result shapes the charges prosecutors will pursue:
- A charge of DUI per se applies when the test shows a blood alcohol content of 0.08 or higher;
- A charge of DUI applies when alcohol or drugs leave someone unable to use clear judgment, no matter what the test shows; and
- A lesser charge called DWAI (driving while ability impaired) carries lighter penalties.
These charges often overlap, but they require different proof. A defense that works for one may not answer another. After booking, a driver sometimes posts bond right away under the facility’s standard amount. Alternatively, they wait for a judge to set bond at the first court date.
How Many Days Do You Have to Request a DMV Hearing?
The case against a driver’s license does not wait for the criminal case. A driver has only seven days from the date they receive the Notice of Revocation to request a hearing with the Colorado DMV to contest it. Miss that window, and the revocation takes effect on its own.
A driver can lose their license well before the criminal case ever reaches a courtroom. Asking for the hearing on time keeps that case open. However, every license revocation is case-specific and depends on the details of the arrest, the test result, and the driver’s record.
What Happens at Your First Court Appearance?
A Summit County DUI case reaches its first court date soon after the arrest. The hearing must be held without unnecessary delay. At that hearing, the judge reads the charges to the driver. The driver is also informed of their right to stay silent and consult a lawyer. The judge also addresses the bond.
The case continues toward arraignment, where the driver enters a plea. Nothing about this first date decides the case. It only starts the court process and confirms that the driver understands the charges and rights involved.
What Penalties Follow a First-Time DUI Conviction?
A DUI Colorado first offense carries a range of penalties set by the state’s drunk driving law. A conviction brings:
- 5 days to 1 year in jail,
- A fine of $600 to $1,000, and
- 48 to 96 hours of public service.
For a driver age 21 or older with a first DUI or DUI per se, Colorado law sets a 9-month license revocation and 12 points. The start date and length of a revocation depend on the individual case. Drivers should confirm their own license status with the Colorado DMV before driving.
A blood alcohol content of 0.15 or higher at the time of the offense can also add a persistent drunk driver label. That brings extra requirements on top of the standard range.
Why Turn to Susan Deschler for a Summit County DUI?
Susan has practiced criminal and traffic law since 2003. She has held a law license for more than 25 years. Having served as a deputy district attorney in Clear Creek County, she has seen DUI cases from the prosecutor’s side of the courtroom. Susan now uses that experience to challenge DUI charges from the first phone call.
Let Susan review the arrest, outline your options, and support you through the Summit County court process. Start with a free consultation to talk through what happened.
FAQs
Will the Court Tell You Your First Appearance Date?
In most cases, the arresting officer or the jail gives the appearance date before release. If a driver posts bond without a date having been set, the Summit County Combined Court clerk’s office can confirm it. Missing this date could result in a separate warrant.
Does Refusing the Chemical Test Help Avoid a DUI Charge?
No. Refusing a breath or blood test does not stop an arrest or a DUI charge. Colorado’s express consent law treats refusal as a violation in its own right.
Can a DUI Charge Affect a Job or Professional License in Colorado?
A DUI conviction becomes part of the public record. It can show up in a background check for a job or a license board. The real impact depends on the employer, the industry, or the board involved. Each one reviews a conviction on its own terms.
Will a First DUI Case Go to Trial?
Most DUI cases end before trial, through talks with the prosecutor, motions, or a plea. Any case can still go to trial if a driver chooses that path. Susan Deschler can help you weigh each option based on the facts, evidence, and history in the case.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Express Consent for the Taking of Blood, Breath, Urine, or Saliva Sample, C.R.S. § 42-4-1301.1
- Driving Under the Influence, DWAI, DUI Per Se, and Persistent Drunk Driver Provisions, C.R.S. §§ 42-4-1301, 42-2-132.5
- Revocation Based on Administrative Determination, Hearing Request Deadline, C.R.S. § 42-2-126(7)-(8)
- Preliminary Proceedings, Colo. R. Crim. P. 5
- Penalties for Traffic Offenses Involving Alcohol and Drugs, C.R.S. § 42-4-1307
- Mandatory License Revocation After Conviction, C.R.S. § 42-2-125(1)(b.5)
- Revocation Based on Administrative Determination, First Violation, C.R.S. § 42-2-126(3)(a)(I)
- Point System Schedule, C.R.S. § 42-2-127
- Mandatory and Voluntary Restricted Licenses Following Alcohol Convictions, C.R.S. § 42-2-132.5
