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What Are My Trial Rights in a DUI/DWAI Trial in Colorado

In the realm of the justice system, police and prosecutors play pivotal roles, tasked with upholding the law and ensuring justice prevails. However, it’s crucial to remember that their responsibilities include building a case against the accused, which can be a formidable challenge to face. For individuals facing DUI/DWAI charges in Colorado, comprehending their rights during the legal process is paramount to safeguarding their interests and securing a fair trial.

Often, defendants in DUI/DWAI cases may not fully grasp the extent of their rights, leading to unintended self-incrimination, extended jail sentences, and substantial fines. To prevent these outcomes and ensure a comprehensive understanding of your rights, we’ve outlined the most critical legal protections afforded to individuals in DUI/DWAI trials.

  1. Presumption of Innocence: Every individual accused of a crime, including DUI/DWAI, is presumed innocent until proven guilty beyond any reasonable doubt by the prosecution. This presumption remains in place throughout the trial process, and the prosecution must present compelling evidence of guilt.
  2. Right to Remain Silent: You can remain silent during your trial, and this choice cannot be used against you. You may also choose to testify on your behalf as part of your defense strategy.
  3. Right to Legal Representation: Throughout all stages of the legal proceedings related to your DUI/DWAI trial, you have the fundamental right to be represented by an attorney. This legal counsel is essential in navigating the complexities of the legal system and advocating for your rights and interests.
  4. Court-Appointed Attorney: In cases where you cannot afford an attorney, the court has the authority to appoint legal representation. This ensures that your rights are protected and that you have adequate support in your defense.
  5. Right to a Trial: You can enter a plea of not guilty and opt for a trial. The trial can be conducted before the court or a jury of six individuals, with a stipulated time frame of six months for the trial to commence.
  6. Confrontation of Witnesses: During your trial, you possess the right to confront and cross-examine witnesses presented by the prosecution. This fundamental right allows you to challenge the credibility and accuracy of their testimonies.
  7. Presentation of Evidence: You can present evidence in your defense. This includes the ability to compel the attendance of witnesses through subpoenas, enhancing your capacity to establish your innocence.
  8. Right to Appeal: Following the conclusion of your trial, you maintain the right to appeal the verdict to a higher court, should you believe that legal errors or injustices occurred during the trial process.

While these rights serve as vital protections for individuals accused of DUI/DWAI offenses, the intensity of a trial or arrest can sometimes lead to a failure to exercise them fully. To mitigate this risk and ensure that your rights are upheld, having legal representation by your side is essential.

At Thomas & Ahnell, LLC, we specialize in alcohol and drug-related driving offenses in Colorado. Our experienced attorneys are well-versed in your rights and are committed to protecting them throughout the legal process. Our goal is to minimize the impact of your sentence, advocate for your interests, and secure the most favorable outcome possible.


In conclusion, understanding and exercising your rights during a DUI/DWAI trial is crucial to preserving your innocence and receiving a fair trial. If you face DUI/DWAI charges in Colorado, don’t hesitate to seek legal counsel to ensure that your rights are safeguarded every step of the way. Contact Thomas & Ahnell, LLC, for dedicated legal representation and expert guidance in navigating the complexities of DUI/DWAI trials.

Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.

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