Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
24/7 Help:
(303) 222-0330
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
If you are accused of violating the terms of your DUI probation in Colorado, you are entitled to a revocation hearing where the prosecution has the burden to prove that you did in fact violate your probation.
If you win the hearing, you stay on probation. If you lose the hearing, the judge may either
A probation violation is when you break one or more of the plea bargain rules the judge imposed on you as a condition of staying out of jail. Ten examples of DUI probation violations – called “technical violations” – include:
It is also a violation of the terms of your probation sentence to pick up a new criminal case while your DUI case is still open. This is called a “new law violation” because it literally involves a new criminal offense in addition to the preexisting DUI one.1
If the probation department believes you violated a condition of probation in your Colorado DUI case, it will file a probation revocation complaint with the court. You may be
The judge will ask you if you admit to or deny the alleged violation. In nearly all cases, you should deny violating probation and request a revocation hearing.
The judge can release you on bail until the hearing. If you remain in custody, the hearing must occur within 14 days of the complaint being filed.
But if the case involves a “new law violation”, the judge will likely postpone (“trail”) the revocation hearing until the new criminal case is resolved. This is because if the new crime case eventually gets dismissed, there can be no probation violation.2
The odds of winning a probation revocation hearing in Colorado DUI cases are much higher if you are accused of a “new law violation” than if you are accused of a “technical violation.” This is because the district attorney has to prove “new law violations” beyond a reasonable doubt – which is the highest burden of proof in criminal law.
In contrast, prosecutors have to prove “technical violations” only by a preponderance of the evidence. In other words, that it is more likely than not that you violated the conditions of your probation, which is a much lower bar than “beyond a reasonable doubt”.
You have a right to legal counsel during a revocation hearing. And probation violation attorneys are skilled at persuading judges that you committed no violation of probation, or – if you did – that you should be given a second chance.
Judges can revoke the probation of DUI defendants who violate their probation.
Revocation hearings resemble trials in that your probation violation lawyer may admit evidence and cross-examine witnesses. But your DUI lawyer is trying to convince the judge – and not a jury – that you should remain on probation. There are no juries in revocation hearings.
If the judge determines that no violation occurred, you will remain on probation as if nothing happened. If the judge determines you violated probation but deserve a second chance, the judge will likely harshen the probationary terms (which may include such “punitive sanctions” as some jail time).
But if the judge revokes your probation, you will likely be remanded to jail to serve out the remainder of your sentence. In first-time DUI cases, the jail sentence is up to one year.3
Accused of a Colorado probation violation? For more information, contact our criminal defense lawyers for legal advice. Our Colorado law firm has offices in Denver, Colorado Springs, and Loveland.
Our Denver criminal defense attorneys defend against all types of felony and misdemeanor criminal charges, from DWAI to domestic violence, throughout the state of Colorado.
See our related articles on Colorado ignition interlock device rules, DUI driver’s license suspensions, and Top 20 DUI defenses.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
In a personal injury case, general damages are the compensation you receive for the intangible losses following an injury, like pain and suffering and emotional distress. By contrast, special damages are the compensation for losses that are more ascertainable, like medical expenses and lost wages. While general damages are sometimes referred to as “non-economic damages,” ...
An intent to commit a crime can be proven with either direct evidence or with circumstantial evidence. Proving that a criminal defendant intended to commit a crime is often one of the most important parts of a case. It has to be proven beyond a reasonable doubt. This is even more difficult for specific intent, ...
Most states define drug trafficking as selling, transporting, or distributing large quantities of illegal drugs. Trafficking is one of the most high-level drug offenses, and what makes it so serious is the large volume of drugs. Trafficking is sometimes referred to as drug distribution. Drug trafficking is typically charged as a felony and is punishable ...
Most states say that a felony charge is a criminal offense punishable by imprisonment for a term of one year or longer. The most serious felonies, such as murder and rape, can even be punished by life imprisonment or the death penalty in some jurisdictions. Felonies are more serious than misdemeanors, which are punishable by up ...