Dan Shipp and Clay Shipp are Montrose County Montrose DUI Attorneys. Shipp Law is a powerful father/son legal team with 35+ years experience as a criminal trial lawyers. Call for a free consultation 970-927-2255.
Montrose County Montrose DUI Arrest
If you are arrested for Driving Under The Influence (DUI) in Montrose County stop and read this. The Montrose County cities include Bedrock, Cimarron, Coventry, Mather, Montrose, Mountain View, Naturita, Nucla, Olathe, Paradox, Pinon, Redvale, Uravan, Ute and surrounding areas.
Colorado Express Consent Law
If you are stopped in Montrose County and a State Trooper, County Sheriff Deputy, or City Police Officer finds probable cause that you are Driving Under the Influence, they will invoke Colorado’s Express Consent law. Anyone with a driver’s license has already consented to chemical testing if suspected of DUI. Accordingly, the Colorado Express Consent law requires a driver to take a breath test or a blood test or suffer possible driving privilege consequences. Although you get to choose which test to take, you only have two hours to comply with the chemical test request. Consequently, any delay on your part may be deemed a refusal.
If you refuse to take either test, the officer will take your driver’s license on the spot and hand you a Notice of Revocation.
Breath Testing is conducted on an Intoxilyzer-9000. This is a typewriter-sized machine typically at a police station, not a handheld device offered on the side of the road. Consequently, you are allowed to refuse the handheld device; they are inadmissible in court and are only used to gather more evidence to arrest you. If you choose breath testing the results will be immediate. Therefore, if your Blood Alcohol Content (BAC) results are .08 or above, the officer will take your driver’s license on the spot and hand you a Notice of Revocation.
On the other hand, Blood Testing is done at a hospital. A nurse will draw blood from your arm and submit it to a laboratory and the results will not be determined for a month or more. The officer will likely send you home with your valid driver’s license and the DMV will send you Notice of Revocation by mail after testing concludes a BAC of .08 or higher.
Either way, both a failed breath test and blood test will initiate a loss of your driving privilege, but when revocation occurs is up to the test you take. In the state of Colorado, revocation is for nine months or more. However, you may be able to drive after 30 to 60 days with placement of an ignition interlock in your vehicle. Call Shipp Law for a free consultation at 970-927-2255 to learn about ignition interlock restricted licenses.
Montrose County Montrose DMV Hearing
After your DUI arrest, you may have to attend two separate types of hearings, County Court criminal hearings with the Montrose County Montrose Court and a Department of Revenue (DOR) administrative hearing. Because these are separate governmental departments, it is very important that you READ CLOSELY all the information contained in the document you received.
Division of Motor Vehicles (DMV) will revoke your driving privileges if you are suspected of Driving Under the Influence before you are even convicted. However, a person can request a hearing to challenge the action taken against their license by the DMV. These hearings involve a revocation, suspension, denial or cancellation of a driver license. These matters are initiated by a record of a court conviction, an affidavit from a law enforcement officer or through a notice from the DMV.
The DOR Hearing will be conducted virtually over Zoom with a Hearing Officer from the DMV, the arresting officer (if requested), in addition to you and/or your attorney. There may be advantages for your defense having or not having the arresting officer present so call Shipp Law for a free consultation at (970) 927-2255 to find out why.
Montrose County Montrose DUI Urgent DMV Hearing Deadline
After receiving your Colorado Express Consent and Notice of Revocation, you have seven (7) days to request this DMV hearing. All deadlines are stated in the documents so read them carefully. Consequently, if you miss those deadlines, you will automatically lose your driving privileges in Colorado for 9 months or more. You can request your hearing in person at your local DMV Driver’s License Office, online at myDMV.colorado.gov, or in addition by mail. Nevertheless, we recommend you request your hearing at the DMV office to get a temporary driving permit immediately which allows you to continue to drive for up to sixty (60) days or the date of the hearing, whichever occurs first. Moreover, the DMV office will assist you if you bring the Express Consent Affidavit and Notice of Revocation to them.
Montrose County Montrose Court Appearance
You received a Summons and Complaint at the time of your arrest. This Summons and Complaint for instance contains the charges against you, the date, location, time of your first court appearance and your personal information. This is the beginning of your criminal case. Therefore your attendance at this first appearance and all subsequent hearings is generally required. Your first appearance is not a trial. It is simply an Arraignment where the court will clarify your charges, answer any questions you might have, and also ask if you have found an attorney to represent you. This can be a stressful event, however Shipp Law can take the burden off your shoulders by representing you. Give a call for your free first consultation 970-927-2255.
Montrose County Montrose DUI Plea Offer
The District Attorney (DA) may offer you a deal at your first appearance, but NEVER ACCEPT ANY OFFER without first reviewing your Discovery. Your Discovery file contains all the evidence the state has against and you are entitled to your Discovery by law. Accordingly, court rules require the DA to provide you Discovery within twenty (20) days of your first court appearance. When you hire Shipp Law we will review your Discovery in great detail, looking for any weakness in the state’s case. Additionally, we look for incorrect procedures by the arresting officer and ways to reduce or eliminate the consequences of the arrest.
Your Case Without Montrose County Montrose DUI Attorneys
If you choose to fight this without an attorney, you however will need to go to the County Law Library and research your duties and obligations and those of the District Attorney. The County Law Library contains Court Rules and juror qualifications and has helpful resources, however there is no staff available to assist you.
Choosing Montrose County Montrose DUI Attorneys
Hire an experienced Montrose County Montrose DUI Attorneys who practice in the Montrose County Court to defend your case. Don’t let the legal system railroad you and maximize exposure to harsh penalties and costly fines and fees. Shipp Law has over three decades of DUI defense experience and as a result the reputation for winning cases. Dan and Clay Shipp are a father/son duo and together are a powerful team. We devote our best efforts to protect our clients. Above all, we strive to minimize your exposure to fines and punishments. Dan Shipp and Clay Shipp know the Jefferson County Judges and DA’s and are regularly there on behalf of clients. Criminal Defense begins with the exchange of a tremendous amount of information, therefore the sooner it begins, the more effective we will be.
Shipp Law stays updated with changing laws and yearly attends “continuing education” seminars. For instance, we study advancements and the changing science of breath testing with the people who write the operating manuals. We are trained to operate the Intoxilyzer-9000 machine used in Colorado by law enforcement and know its shortcomings. In addition, we have studied and spoken on the roadside/blood/urine testing at “Mastering Scientific Evidence” seminars in Dallas and New Orleans. The authors, doctors and scientists that speak at these seminars are recognized on a National Scale and similarly Dan Shipp has taught other attorneys in trial practice techniques. In conclusion, look closely at our academic qualifications and visit our Meet Dan and Meet Clay profile pages.
DUI Info Videos
Watch the DUI Videos found in the Info Videos above that include discussions of trial results, radio interviews and read the news articles. Call or make an appointment in person or by Zoom to discuss how we can put you at ease and in addition, how we would handle your case. Don’t go it alone, get the best DUI attorney you can afford. Call Shipp Law Montrose County Montrose DUI Attorneys. 970-927-2255.
New Client DUI Questionnaire
You need to download a “New Client DUI Questionnaire,” located in the “DUI Forms” button under the header above. It contains 22 pages of questions compiled over the three decades of defending DUIs. First we want to learn as much about your arrest as possible. The sooner you can get it on paper the better. Second, we need as many details that you can remember while your memories are still fresh. Above all, before any police documents have influenced the way you remembered things. The confidential questionnaire develops our understanding of your perspective of the event of your arrest and therefore we will compare it with the officer’s report. We will similarly find the inconsistencies and in your case, find issues with the officer’s procedure that might help win your case. Police officers don’t perfectly know the rules, laws, or constitutional rights, and often go beyond their authority.
The science of chemical testing is not perfect and we often are able to attack it with common issues. It is important that you let us know everything that occurred before your arrest that might have effected your body chemistry. For example, were you in a hot tub or dancing prior to being pulled over? This elevates your body temperature and therefore increases a blood alcohol level reading on a breathalyzer. In addition, were you using cleaning chemicals before driving? As a result, those chemicals might falsely show up on testing as alcohol. Similarly, what are your health conditions? They may include for example, diabetes and gastroesophageal reflux disease. They could also give the appearance of a high BAC.
We recommend spending enough time carefully filling out this questionnaire because we need everything that can help with your case. In addition, you need to fill out the questionnaire before reading any police reports. The arresting officers make mistakes so therefore we do not want you falling into the trap of continuing their mistakes. It is better that you just not know an answer.
Call Shipp Law Montrose County Montrose DUI Attorneys. Dan Shipp and Clay Shipp can assist you with this DUI Questionnaire. 970-927-2255.
Montrose County Montrose DUI Arrest Appearance Bond
Appearance Bonds are often required before release from custody, therefore if you paid a bond, you will be personally required to attend all future scheduled hearings. If you were not given a bond, your Attorney may appear in court on your behalf for each future court date, depending on court rules. You will have been given bond paperwork upon release if you do not remember if you have a bond.
DMV Revocation (Department of Motor Vehicle)
A DMV Revocation is a mandatory restraint on a valid driver license or driving privilege and therefore revoked license is invalid and cannot be re-issued.
1st DMV Revocation:
Nine months revocation with early reinstatement after one month of no driving if you took a breath or blood test.
12 month revocation with early reinstatement after 2 months of no driving if you refused testing.
Application for Reinstatement
1. $95.00 Reinstatement Fee.
2. Alcohol Education Certificate from service provider.
3. Ignition Interlock installed in your car.
4. SR22 from auto insurance company.
Minor Under 21 Years
1st DMV Revocation (alcohol):
Three month probationary license for BAC is less than .05%.
1st DMV Revocation (Drugs): Three months 1st DMV Revocation (alcohol): One year, ineligible for probationary license with court conviction of DWAI.
Montrose County Montrose DUI Arrest Court Punishment
Adult/Minor DUI (1ST)
Jail: Five days to one year (judge may suspend)
Fines: $600.00 – $1,000.00 plus court costs up to $800.00
Useful Public Service: 48 – 96 hours
Probation: 0 – 2 years; costs could run up to $60.00 a month if supervised
Points: 12 points on driver’s license.
Additional Costs Not Covered Above
Chemical testing Fees $ 30.00- $ 300.00
Towing Fees $ 160.00 plus mileage
Car Storage Fees $ 30.00 per day
Jail Fee $ 54.00 per day
Alcohol Treatment Evaluation $ 200.00
Bail Fee +/-$ 200.00
Alcohol Education classes $ 30.00- $ 50.00 per session
Probation Supervision fee $ 50.00 per month
Victim Assistance Fund $ 150.00- $ 300.00
Victim Impact Panel $ 78.00
Ignition Interlock Instalation $ 70.00- $ 200.00, Monthly fees $ 60.00- $ 90.00
Law Enforcement Assistance Fund $ 480.00
Community Service Supervision Fee $ 90.00
License Retesting/New License $ 60.00
Auto Insurance increase $ 601.00 on average in Colorado
Defense Attorney $ 2,500.00- $ 10,000.00 depending on the case
Brain Injury Trust Fund $ 25.00
LEAF Assessment fee $ 90.00
Victims Compensation Fund $ 33.00
Persistent Drunk Drivers SCHG $ 100.00
Victims Assistance Fund $ 100.00
Call Shipp Law Montrose County Montrose DUI Attorneys. 970-927-2255