If you've been stopped for a DUI, Contact an Attorney as soon as possible.
I have been charged with driving under the influence, when should I get an attorney?
When charged with driving under the influence or driving while ability impaired it is important to consult with counsel as soon as possible as there are important decisions to make regarding your license. There are often two problems with alcohol driving offenses, problems with your license and problems with the Colorado law. An attorney can guide you through these issues.
What is DUI and DWAI?
DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is substantially under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit of .08 for driving under the influence and .05 for driving while ability impaired which means impairment to even the slightest degree.
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. Cases have been taken to trial by prosecutors where there was no test result, or where the result shows less than the legal limit. However, Colorado law shows a presumption you were not impaired if the test results are less than .08.
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
Can I fight my DUI arrest?
Yes. You may request a review of the drivers license suspension by the department of motor vehicles within seven days following your arrest. If challenging the alcohol content, the hearing officer will look to see if the officer had reason to stop you and whether there is a blood or breath test result greater than .08. If challenging a refusal action the hearing officer will look to see if the officer had reason to stop you, reason to ask you to take a test and whether you refused to submit to a test of your blood or breath.
If I am arrested for a DUI, will I lose my license?
Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC of .08 or greater or after you refused to submit to a blood or breath test. Your license will be seized, and the officer will issue you a traffic ticket and a notice or revocation. If you give a blood test, the officer will not seize your license on the spot, but it may be revoked at a later date.
How long will I lose my license?
If you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year. If you take a blood or breath test that is greater than a .08, if the hearing officer finds that the officer had probable cause to pull you over and it is a valid test, the revocation is three months for a first time and at least a year for subsequent offenses.
What else will happen to me?
In most cases where a plea is entered to an alcohol offense, there is an alcohol evaluation and treatment ordered by the Judge. There is mandatory community service and court costs of at least $450.00. The possible maximum penalties include a year in jail and fines. The usual first time offender is given the chance at probation with classes and community service. Repeat offenders face mandatory jail along with classes and probation. Multiple repeat offenders face maximum jail from most Judges.
What are my Miranda Rights?
When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often,
the advisement is this:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to be advised by an attorney before answering any questions.
- If you desire an attorney and cannot afford one, one will be appointed for you free of charge.
Will I be able to get my case dismissed because I was not read my rights?
Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
What other rights do I have as a defendant?
1. You have the right to enter a plea of Not Guilty, and set your case for trial.
2. You have a right to a speedy trial. This means that, unless the defense requests a continuance or waives speedy trial, you must be tried within six months of entering a plea.
3. You have the right to an attorney. If you qualify, you may have an attorney appointed to represent you. This is usually done through the Colorado Public Defender’s Office.
4. You have the continued right to remain silent, and can not be forced to testify at trial. The decision to testify is yours and yours alone.
5. You have the right to be presumed innocent until the prosecution proves, beyond a reasonable doubt, that you are guilty of the crimes charged.
6. At trial, you have the right to call witnesses on your behalf (if necessary through a subpoena commanding witnesses to appear), and to cross examine the witnesses called to testify against you.
7. Finally, you have the right to appeal any ruling against you.
I already have two alcohol offenses. What will happen to my license if I have a third conviction?
Your license will be automatically revoked.
I have three serious offenses within seven years, what will become of my license?
It will be automatically revoked for five years as a Habitual Traffic Offender.
What will happen if I do not complete the classes or public service ordered by the Court?
You may have your probation revoked, and will be subject to possible jail time.
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The information contained does not constitute legal advice, and does not initiate an attorney/client relationship between the end user and Genet & Martinez, P.C or any of it’s associates. By further advised that is illegal in the state of Colorado to Drink and Drive. Please do not drive if you have been drinking.
Any and all tools and resources on this site are relative to the typical documents associated with Colorado legal proceedings. Please be advised that your particular situation may be unique in a number of ways and thus alternative documents may be associated with your legal needs and responsibilities.
These resource guides are intended to be a general help in understanding the legal process. Please make an appointment with a licensed practicioner of Colorado Law in order to answer any of your legal questions specic to your situation.
