The process following an alcohol or drug-related DUI or DWAI arrest is complicated and challenging. In the typical arrest, the arresting officer initiates two separate proceedings—one criminal, by virtue of a “Uniform Summons and Complaint” into County Court, and the other administrative, with service of the “Express Consent Affidavit and Notice of Revocation” on behalf of the Colorado Department of Revenue, Division of Motor Vehicles (DMV).
The County Court process determines whether you should be subject to fines, costs, jail time and rehabilitative requirements. The DMV process determines whether you lose driving privileges. Each process is independent of the other, and, by law, has no bearing on the outcome of the other. Even if one case is dismissed, the other will proceed.
Road 1 is an overview of the administrative process through the DMV for an alcohol or drug-related driving arrest. This process is generally governed by C.R.S. 42-2-126.
Road 2 describes the process of an alcohol or drug-related arrest through the County Court. C.R.S. 42-4-1301 through 1307 provides the statutory guidance for the criminal sanctions.
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