Pre-trial supervision is a tool used by Colorado courts to monitor people accused of DUI while their case is pending. To those accused of DUI, pre-trial supervision is analogous to being put on probation before any finding of guilt is made. Pre-trial supervision is often made a condition of a bond in DUI cases.
Pre-trial supervision requires attendance at meetings with a Pretrial Supervision Officer. Monitored sobriety, urinalysis (drug testing), and in some cases with multiple offenders, monitoring devices such as SCRAM bracelets that monitor alcohol consumption are required. A violation of pre-trial supervision in Colorado could lead to jail time and criminal charges in addition to the DUI case.
For a person with a prior drunk driving conviction, Colorado conditions of bond require monitored sobriety. C.R.S. § 16-4-104 and 105(5), (6)(a). Depending on a client’s situation and performance on sobriety monitoring, we often file a Motion for Modification and/or Removal of Pre-trial Supervision. Even when the driver has a prior conviction, this Colorado law allows for relief by way of a hearing to determine whether the defendant’s sobriety must be monitored while the case is pending and what other conditions of DUI supervision are necessary. Upon a motion to remove pretrial supervision and sobriety monitoring, the court must consider whether the defendant is enrolled and is participating in an appropriate substance use disorder treatment program. C.R.S. 16-5-105(6)(b).
Pre-trial supervision is almost always ordered when a defendant is on bond for a DUI. In other words, if you are arrested for a DUI in Denver and are required to post a bond to be released from jail, you will likely be subject to pre-trial supervision to ensure that you are staying sober and appearing at all required court appearances. Whether you are released on summons or on bond, pre-trial supervision conditions are usually the same. If these conditions are not required upon your release from jail after a DUI arrest, all Colorado judges will review your case and consider imposing them during your first court hearing.