/dui

Essential Phone Numbers Routt County, CO Arrest Information (970) 870-5509 Court Appearance (970) 879-5020 Court House

1955 Shield Dr., Stmbt Spgs (970) 879-5555

County Jail

2025 Shield Dr., Stmbt Spgs (970) 879-5555

Clerk & Recorder

522 Lincoln Ave., Stmbt Spgs (970) 879-1710

District Attorney

1955 Shield Dr., Stmbt Spgs (970) 879-1146

Public Defender

1955 Bridge Ln., Stmbt Spgs (970) 879-0645

Professional Bail Bondsmen City: Steamboat Springs Jay Campbell, Campbell Bail Bonds 819-8582 • 879-9189 Tom Reuter, Checkpoint Bail Bonds (across from jail) 291-9142 Joe Pete Lorusso, Lorusso Bail Bonds 879-6318 • 846-1398 Becca Troester, Checkpoint Bail Bonds (across from jail) 291-9142 City: Craig Steve Stark, Mr. C’s Bail Bonds 824-6920 Sharon Rothermund, A-Best Bail Bonds 824-2500

Arrested for

DUI?

What You NEED To Know

Credit Cards: Note, most bonding companies will accept credit cards. The bondsman may be able to place the full amount of your bond including his or her fee on a credit card.

For more details, as well as information on Getting Out of Jail and Protection Orders (Restraining Orders) , go to:

www.onlinejailservices.com

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ROUTT COUNTY: Sheriff Garrett Wiggins

I got a ticket for DUI: What does it mean?

A ticket for a DUI is a What is a DUI? serious offense. It is a Colorado law prohibits you Notice Of Revocation of from driving a vehicle while you driving privileges. under the influence of alcohol You must contact the or drugs, or if your ability to Colorado Department drive is impaired by alcohol of Motor Vehicles (DMV) or drugs. These offenses are within 7 days or your abbreviated as “DUI”,”DWAI”, license will automatically and “DUI(D)”respectively. A be suspended! It also person is presumed to be DUI contains the time and if a blood or breath test shows a blood alcohol content (BAC) place you must appear level of at least 0.08. before a judge in a Court of Law. Upon What is DUI Per Se? conviction there will DUI Per Se means that your be criminal penalties blood alcohol content (BAC) imposed by judges in was determined to be .08 or Courts of Law such as greater. This fact was evidenced fines and community by the breath, urine, or blood service, and civil test(s) that you took. penalties set by the DMV that will affect you privilege to drive.

DWAI or DUI? A person is presumed to be DWAI if a blood or breath test shows a blood alcohol level of more than 0.05 but less than 0.08. A DWAI is a lesser offense but a conviction still has criminal consequences and adds “points” against your license.

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What is a DUI(D)?

And how is it different than DUI? In Colorado, it is illegal to drive if you meet the legal definition of being “under the influence” of drugs. The Law considers you to be DUI(D) if your ability to drive is “substantially impaired.”

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It makes no difference whether the drugs causing this effect are illegal drugs, or lawfully obtained prescription drugs.

A conviction for a DUI(D) carries the same penalties as a DUI! A DUI charge can also be based on a combination of both alcohol and drugs. If your ability to drive was “substantially impaired”, no specific blood level of either alcohol or drugs is required for a conviction.

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Under 21 and charged with UDD? It is illegal for anyone under the age of 21 to consume alcohol.

You are charged with Underage Drinking and Driving (UDD) if are under 21 and driving with BAC of 0.02 but under .05. A UDD is a class A traffic violation and puts “points” against your driving record. www.onlinejailservices.com

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The roadside sobriety test The Standardized Field Sobriety Test (SFST) is a series of tests administered and evaluated by a law enforcement officer to obtain valid indicators of drug or alcohol impairment and to establish probable cause for an arrest. The results of an SFST could be I blew over .17 used to obtain a criminal You may be classified as conviction against you!

What if I refuse?

a persistent drunk driver and subject to greater penalties if the test shows a BAC level of at least 0.17, even if this is your first offense.

Called Express Consent Laws, drivers in Colorado are required to give blood, urine, or breath tests if requested to do so by a law enforcement officer who has probable cause to believe that you are DWAI, DUI, or DUI(D). Refusal to take the test will automatically result in license revocation. NOTE: A DUI or DWAI can be proved in a Court of Law by other means, i.e., SFST, statements, behavior, and driving.

Should I hire an attorney?

A DUI attorney can help you with both the criminal portion of your offense and with the DMV. Even if you plan to accept a plea bargain, it is best to speak with an attorney first. A good DUI attorney can quickly evaluate the circumstances of your situation, and will clearly explain your options. Many attorneys do not charge for your first visit.

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How do I get out of Jail?

To get out of jail you will probably be required to post a bail bond which is an amount of money held by a Court of Law as an assurance you will appear as required. The money given to the jail for the bond will be returned after you have made your last appearance in Court. If you do not have the money for bail, you can contract with a Bail Bondsman who will post it for you.

Once I post bail, can I leave?

You cannot be released while you are intoxicated (a BAC over .05) unless a sober person is available to sign you out. Do not ask someone who has been drinking to come to the jail to help you.

You may also wait and see a judge who could reduce the amount of your bail bond or release you on a personal recognizance bond (PR Bond), which is simply your promise to return.

Remember, once you are released, you still need to also take care of your driving privileges. An alcohol or drug related traffic offense results in both criminal penalties from a trial court and civil penalties from the DMV such as driver’s license revocation, restriction, or probation.

Where is my license?

Colorado Driver’s License A ticket for a DUI is a Notice Of Revocation. The arresting officer can keep it or give it back to you.

If you did not get your license back, the ticket will act as proof of your license. Either way, you must contact the DMV within seven (7) days or your driving privileges will be suspended.

Out of jail, what about my license?

You must request a DMV Hearing within seven (7) days of receiving a ticket (Notice of Revocation) for DUI, DUID, DUI Per Se, DWAI, or UDD. At that time you will be given an appointment to speak with a Hearing officer (usually by phone), and your driving privileges will be continued temporarily. If you fail to request a DMV Hearing within seven (7) days, the DMV will revoke (most common) or restrict your driver’s license, or issue a probationary driver’s license.

www.onlinejailservices.com

The Motor Vehicle Hearing

What can I do to save my license?

To preserve your right to drive in Colorado, you must request a hearing within 7 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter.

•First and foremost, hire an experienced attorney.

There are many factors to consider.

The request It is best to make a hearing request at the main office: Colorado Motor Vehicle Office, 1881 Pierce Street, Lakewood, CO

A hearing must be initially scheduled within 60 days. It is our opinion you should requests the officer’s presence at the hearing. Crucial defenses can be developed at the hearing.

If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.

If you lose at the hearing, you cannot drive after the hearing.

www.onlinejailservices.com

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Interlock licenses •If your BAC was 0.17 or higher, you may be required to use an interlock for two years.

•Request a hearing and request the officer’s •If you took a test and if it presence. It will give you is a first offense, you may a preview of a trial, a qualify for a probationary rarity in criminal cases. license after 30 days. For The officer who signed cases with date of offense the affidavit and notice on or after 01/01/2009, you may obtain an interlock of hearing must show up license after one month. and justify the revocation.

Other officers may be subpoened. If you surrender a valid license, you may drive until your hearing.

•Retest the sample. Testing errors may save your license.

•Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.

•Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.

•Check the times of events. Officers must perform the tests within certain guidelines.

•Check the labeling of the sample. It must be identified as being yours.

•Attend the motor vehicle hearing. Listen for fabrications and other errors.

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www.onlinejailservices.com

You are here

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I don’t live in Colorado If you are not a resident of Colorado, and received a DUI, DUID, DUI Per Se, DWAI, or UDD, you need to take immediate action to protect your driving privileges in Colorado and in your home state.

Most states belong to the Interstate Driver’s License Compact, which means any suspension or restriction of driving privileges in Colorado carries the same penalties in your state! Similar to Colorado residents, an out-of-state resident must request a Colorado DMV Hearing within seven (7) days.

Failure to request a hearing results in an automatic action by the DMV (such as revoking or restricting your driving privileges for a specific period of time, or providing probationary driving privileges).

If your license gets revoked or suspended and you are eligible for reinstatement, and even if you still have a license from your home state, you must pay a fee to the State of Colorado to regain your driving privileges.

By reinstating your driving privileges, your restrictions on the Interstate Driver’s License Compact will be removed Remember, there are both criminal penalties (fines, imprisonment, and required public service) in addition to the administrative penalties imposed by the DMV. You are required to appear in Court as required. A local attorney may be able to represent you in Court.

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What if I drive without a license?

Driving under revocation or suspension is a serious offense.

You will be arrested and be required to post a $10,000 bond to be released.

Significant criminal penalties are likely to be imposed. And much time will be added to the suspension of your driving privileges.

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I have a probationary license and got a DUI. Can I still drive?

No! By law a probationary license can be taken away if you get any type of traffic ticket.

If you are stopped by a law enforcement officer and cited for a DUI, you have violated your temporary license restrictions, and the officer will confiscate the license.

Once the license is confiscated, or you receive a ticket, the probationary driver’s license will be cancelled immediately and you will not be able to drive. www.onlinejailservices.com

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DUI sentencing

SENTENCING: Community Service

The sentence for a DUI conviction will be based on several factors. The more prior convictions you have for DUI, the more likely you will be sentenced to jail for a current offense.

cases.

Listed below are possible sentencing requirements for some of the more common charges: Offense

DWAI DWAI DWAI DUI DUI DUI

from Page 8

Prior Min. Offenses Jail None n/a DWAI 5 days DUI 6 days None n/a DWAI 7 days DUI 10 days

Max. Jail 180 days 1 year 1 years 1 year 1 year 1 year

Possible Fines $100-500 $300-1,000 $400-1,200 $300-1,000 $450-1,500 $500-1,500

Comm.

Service 24-48 hrs 48-96 hrs 52-104 hrs 48-96 hrs 56-112 hrs 60-120 hrs

For most judges, the single most important sentencing factor is whether you have prior alcohol or drug related traffic offenses. Judges are also concerned with whether a car accident occurred, your prior driving record, and whether you have been revoked from probation in prior

In addition to deciding whether you will have to serve a jail sentence, the judge will also decide how many community service hours you will be required to do, how long your probation will be, and how much alcohol or drug therapy you must complete.

First time offenders do not usually get sentenced to jail unless there are “aggravating factors,� such as a high BAC, or an accident that causes injury. The court relies on statutory sentencing requirements for jail time, fines and useful public service (UPS) hours.

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SENTENCING continued on page 9

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How long will my license be suspended?

The Criminal Court does not suspend or revoke your driving privileges, the Colorado DMV does! The DMV determines the length of the suspension or revocation of your driving privileges.

Restricted license If this is your first offense, you can apply for “early reinstatement” - after the first 30 days of revocation. To get a restricted license, you must test negative for alcohol for four (4) months and agree to install an ignition interlock on your vehicle.

If you are convicted of a DWAI, you will lose your drivers license for a period of nine (9) months.

If you are convicted of a first offense DUI, you will lose your driver’s license for a period of one year.

In either case you may be eligible for a restricted/ probationary driver’s license after the first 30 days of the revocation.

If this is your first offense, and after the first 30 days of revocation, you can apply for “early reinstatement”. To get a restricted license you must test negative for alcohol for four (4) months and agree to install an ignition interlock on your vehicle.

Under 21 ...

If you are under 21, your license will be revoked for one year and you are ineligible for a restricted/ probationary license. The DMV does not grant a restricted license to individuals who are under 21 and who have been convicted of DWAI or DUI or UDD.

Public defenders, jury trials and alternatives to jail time Your right to free counsel in DUI cases is limited. If you qualify for the public defender, Colorado law requires you to attend a pretrial conference before a lawyer will be appointed.

A DUI will cost you $$$$!

Minimum court costs and statutory fees for a DUI are approximately $500. Useful public service (UPS) fees can cost up to $120. You will be required to pay the “Victim and Witness Assistance Fund” which is $78 or 37% of your total fine, whichever is greater, and can increase your court costs by as much as $555. Court costs are usually $500-$1,000. In addition to your court costs, there is a possible fine ($200-$1,500 for DWAI’s and DUI’s depending on priors). In addition, there are probation costs (See next page.)

If you accept a plea agreement that does not require jail time, you are not eligible for a public defender. However, you should never accept a plea agreement without first consulting a DUI defense attorney.

You do have a right to jury trial. But you must make a written request and pay a fee or your trial will be heard by a judge.

Upon conviction, you can ask for alternative jail time such as work release, weekend time, and home detention. It is up to the discretion of the court how your time is served. The penalties the court gives are not the end of the story. www.onlinejailservices.com

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Probation

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What is an SR-22?

Probation usually occurs after a DUI conviction and may last up to two years. Conditions of probation always require that you not commit other offenses, pay restitution, complete an alcohol or drug evaluation and related treatment, and comply with all court orders relating to your probation. Conditions may also include random urine and breath tests and participation in a victim impact panel.

Once you are eligible to have your license reinstated, you must purchase a general automotive liability insurance policy filed on an SR-22 form. The SR-22 is filed with the DMV and requires the insurance company to certify coverage and also notify the DMV any time the policy is canceled, terminated or lapses.

As part of probation, alcohol evaluations and treatment are required in all DUI cases. Based on the results of your evaluation, you will be required to complete an alcohol education and treatment program. Classes in these programs cost approximately $20/hr. and are divided into two levels – Level 1 and Level 2. Level 1 is often recommended for first time offenders, and requires the completion of 12 hours of classes that deal with alcohol related issues. Level 2 is always required when you have a prior DUI, but depending on your BAC level, it may be required for first time offenders as well. Level 2 requires you to complete 24 hours of classes.

After thirty days you may apply for a probationary license or early reinstatement. A probationary driver’s license is a license to drive, for limited purposes, usually driving to and from the place of employment or to perform duties in the course of employment, during the term of a license suspension. Early reinstatement will require a ignition interlock be installed in your vehicle.

In addition, Level 2 requires completion of therapy.

Tharapy classes are also approximately $20/hr.

Depending on your BAC level and whether you have prior DUI’s, your therapy requirements will fall into four tracks, Tracks A-D. The therapy tracks are increasingly intensive with Track A requiring 42 hours of therapy over 21 weeks and Track D, the most intensive, requiring 86 hours of therapy over 43 weeks.

Probation costs are about $50 per month in addition to other costs and fines. Alcohol and drug treatment and therapy are also an additional cost of probation. The evaluation is part of the court costs, but depending on which level and which track your evaluation recommends, your costs for the treatment will range from $120-$1,000.

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I need to drive. Any solutions?

A driving privilege for Commercial Vehicles is not granted. Eligibility for early reinstatement with the Interlock device is determined by the Driver Services Section of the DMV. Drivers wishing to know if they are eligible to participate in the program should call Driver Services at 303 205-5613 and request analysis for early reinstatement. www.onlinejailservices.com

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