You need to hire a criminal defense attorney to represent you. If you are proceeding pro se, without counsel and will speak with the prosecutor and he/she will make you an offer to settle the case outside the presence of the judge. If you can't afford counsel ask that a public defender be appointed to represent you.You should not represent yourself. An online cite gives info about the CO state charge:
Colorado Drugged Driving
In Colorado, a person is guilty of a DUI if he or she operates a motor vehicle while under the influence of alcohol and/or one or more drugs, OR he or she operates a motor vehicle as an habitual user of any controlled substance. Colo. Rev. Stat. Ann. § 42-4-1301(1)(a)-(c) (West 2010).
The fact that any person charged is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana shall not constitute a defense against any charge of violating this subsection. Id. § 42-4-1301(1)(e).
A person who drives a motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person's breath or blood when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, habitual user, or UDD. Id. § 42-4-1301.1(2)(a)(I).
If a person refuses to take or to complete any test or tests and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial. Id. § 42-4-1301(6)(a)(III)(d).
Neither the results of such preliminary screening test nor the fact that the person refused such test shall be used in any court action except in a hearing outside of the presence of a jury, when such hearing is held to determine if a law enforcement officer had probable cause to believe that the driver committed a violation of this section. The results of such preliminary screening test shall be made available to the driver or the driver's attorney on request. Id. § 42-4-1301 (6)(h)(i)(III).
The department shall revoke the license of a person for refusal of test for one year for a first refusal, two years for a second refusal of test and three years for a third or subsequent refusal. Id. § 42-2-126(3)(c)(I).
Generally, an arrested person has no right to consult with an attorney before taking a chemical test. Drake v. Colorado Dept. of Revenue, Motor Vehicle Div., 674 P.2d 359 (1984).
When an arresting officer invokes the sanctions of the implied consent law by requesting the driver to submit to chemical testing, the officer has a corresponding duty to comply with the driver's request for a blood test. People v. Gillett, 629 P.2d 613 (1981).
First offense (DUI, DUI per se, or habitual user) - imprisonment in the county jail for a mandatory minimum of five days but no more than one year; fine of at least six hundred dollars, but no more than one thousand dollars; at least forty-eight hours but no more than ninety-six hours of useful public service; the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law.Id. § 42-4-1307(3).
First offense (DWAI)* - imprisonment in the county jail for a mandatory minimum of two days but no more than one hundred eighty days; fine of at least two hundred dollars but no more than five hundred dollars; at least twenty-four hours but no more than forty-eight hours of useful public service; the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law. Id. § 42-4-1307(4).
* "Driving while ability impaired" or "DWAI" m
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
My colleague is correct that you will eventually need an attorney to represent you. Shop around on Avvo. Most of us give free initial consultations. The pretrial is for the DA to make a plea bargain offer to you to see if you accept it. If an agreement can not be reached, then the case will be set for a jury trial. Yes, the judge will be present for you to enter a plea of not guilty or to take the plea agreement if one is reached. However, the discussion will occur with only the DA and you present.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
As a former prosecutor in Jefferson County, I can tell you that this is your best opportunity to reach a plea disposition in your case. I can also tell you no one should ever deal with such a serious charge without defense counsel by their side.
There are several former prosecutors on the bench in Jeffco. They are tough on crime and tough on substance abuse-related driving offenses. They try those cases to juries with a great deal of success.
At your pre-trial, the prosecutor will either talk to you or your attorney regarding an offer. Even if you want to accept the offer and plead guilty to some charge, it is likely you will need to return one more time for a sentencing hearing (which will take place after you complete a substance abuse evaluation).
None of this is easy, but it will go better with counsel.
Best of luck to you. If you want to talk about this situation, my colleagues or I would be happy to chat. See my information below.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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