Anyone arrested for DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) in Fort Collins or elsewhere in Larimer County quickly learns that a single arrest actually triggers two separate legal processes. These two proceedings run on different timelines, follow different rules, and can result in very different consequences. Understanding both is essential to understanding what’s actually at stake after a DUI arrest.
Fort Collins DUI Attorney: The Larimer County Criminal Driving Under the Influence Case
The first prong of a DUI is the criminal case, which is handled through Larimer County Court or, in some cases, Larimer County District Court. A conviction can lead to fines, probation, mandatory alcohol education or treatment classes, community service, jail time, and a permanent criminal record. The criminal case is prosecuted by the District Attorney’s office and follows the Colorado Rules of Criminal Procedure.
Lawyer for DUI Charges in Loveland: The DUI DMV Case
The second prong is entirely separate and involves the Colorado Department of Revenue, Division of Motor Vehicles. This is a civil, administrative process focused solely on the status of a person’s driver’s license. It operates independently of the criminal case and moves on a much faster timeline.
After a DUI arrest, a driver typically has only seven days to request a DMV hearing, known as an Express Consent hearing. Missing this deadline results in an automatic license revocation. Even if the criminal case is still pending, resolved differently, or takes months to conclude, the DMV case proceeds on its own schedule and can result in license suspension or revocation independent of the criminal outcome.
Why the Distinction Matters: A Larimer County Defense Attorney Explains
Because these two processes run in parallel rather than together, a person can face consequences in one case regardless of what happens in the other. A dismissed or reduced criminal charge does not automatically resolve DMV license issues, and vice versa. Each requires its own attention, its own deadlines, and its own strategy. Anyone arrested for DUI in Larimer County should understand that they are facing two separate legal battles at the same time, each with its own consequences and its own clock running.
If you’ve been arrested or ticketed for DUI or DWAI, be smart, exercise your right to remain silent, and contact the best DUI attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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