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Traveling can be a fantastic experience for many people, especially when it’s for vacation or for something else enjoyable, such as getting together with family. For others, it can be stressful. Whether you’re traveling for business, school, vacation, or any other reason, getting arrested while you’re in a different state than where you live is unsettling. Law enforcement officers often target out of state cars for traffic stops, which can be very frustrating.
If you’re arrested for driving under the influence in Denver and you’re far away from home, you may not know any lawyers to call and you might not know what to do. Fortunately, Kevin Churchill of Churchill Criminal Defense can assist and has been handling all types of DUI cases including drug DUI, underage DUI, and felony DUI for years. Contact our out of state DUI attorney today at (303) 832-9000 or use our easy online contact form to schedule a free consultation.
If you ever get arrested for driving under the influence, it’s important to contact an experienced attorney immediately. It’s just as important to hire a lawyer who is knowledgeable and familiar with the laws in the state and county that you were arrested in. While the general DUI rules are similar from state to state in the United States, each one has its own nuances within their DUI laws. Additionally, you need an attorney who is licensed in the state in which you were arrested to represent you in court.
It’s also possible that your local attorney may be able to attend court hearings on your behalf, and have your presence waived if the judge gives permission. When you hire a local attorney, they’re much more likely to know the judges personally, and they will have a good relationship with district attorneys, court staff, and other legal professionals in the area. These professional relationships are likely to give you a better chance of not having to appear at every single court hearing than if you’ve hired an unfamiliar lawyer that no one knows who is then making these requests.
In some circumstances, an attorney from your home state can represent you with the assistance of a lawyer from a different state, such as Colorado. This is known as gaining pro hac vice admission. It can be legally complex, time consuming, and expensive if you need to hire an attorney who practices far from where you normally live.
Anytime there is a court hearing or an appearance scheduled – and there will often be many of them – you’ll need an attorney to accompany you (unless you’re representing yourself). DUI cases can go on for months until they’re resolved, and there could be many court dates, such as pretrial conferences, preliminary hearings, a motion to suppress, and then possibly a trial. If you need to pay an attorney from out of state and also have to pay for a local Colorado attorney to assist them, you’re going to spend substantially more money than if you just hire a local Colorado DUI attorney.
Some people believe that if they’re arrested for a DUI out of their home state, the penalties they face may only apply in the state they’re arrested in. This isn’t the case. If you’re arrested for a DUI in Colorado and you lose your license due to a chemical test refusal or a conviction, this penalty will almost certainly apply to the state in which you live in as well – the penalties will likely be reciprocal to your home state as well. Colorado is supposed to notify your home state of any DUI arrests that take place there, so it’s unlikely that you’ll be able to ignore the consequences just because you were traveling.
If your driver’s license is suspended for a DUI conviction in Colorado and you’re a resident of Colorado, you can usually apply to have your driver’s license reinstated early if you meet certain requirements. For out of state residents, you won’t be able to apply for early reinstatement as easily because Colorado will lack jurisdiction to reinstate your license early. This means you can plan on being without your driver’s license for longer, making it difficult to get to work, run errands, and do anything else that you need to do, such as getting your kids from school when necessary.
There are ways you can try to apply for early reinstatement in your own state, but it’s complicated. You will be required to take many steps, including meeting with a certified provider in your home state, completing any recommended treatment, and supplying many documents and proof of treatment to the Colorado DMV. You will probably also need the assistance of an attorney in your home state, so you’ll be required to hire a local lawyer in Colorado for your DUI arrest and then an additional lawyer in your home state if you want to try to get your license reinstated early.
This is why it’s absolutely crucial to hire a local DUI attorney in the first place. The consequences of a conviction for non-residents can end up being much more severe than if you reside in Colorado. If there’s a way for you to avoid a DUI conviction, you should do everything in your power to try and do so.
If you hire a local Colorado attorney to handle your DUI as an out of state resident, you can still complete all community service and alcohol classes in your home state. However, the Colorado courts will have to approve the community service and classes ahead of time. An experienced attorney who is familiar with the laws in Colorado will be able to assist you and make sure you are taking all of the necessary steps to handle your DUI conviction properly.
Being arrested for driving under the influence in another state than where you reside can be a frustrating and very complicated experience. Even if you know many experienced DUI attorneys near where you live, that won’t do you much good if you’re arrested in a different state. You will need a lawyer who is experienced in handling DUIs and is also knowledgeable regarding the local rules and laws surrounding driving under the influence in Denver, Colorado. Fortunately, Attorney Kevin Churchill is available to help. He has been handling Denver DUI defense cases for more than 20 years and has defended more than 1,000 DUI cases in his career. Contact our out of state DUI attorney today at (303) 832-9000 or use our easy online contact form to schedule a free consultation.