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FAQ Below - Always Consult an Attorney Before Acting

Do I have to submit myself to roadside or sobriety tests?

The answer is no. Sobriety tests are not required in law and in some instances even a sober person can fail these tests. Although failing the sobriety test will only give the prosecution more evidence to use against you. You can politely say “no, thank you” to the officer when asked to do a roadside test.

Is it okay to refuse taking a breath test?

It is your right to refuse the test but if you do, understand that this puts you in a bad light. Roadside breath test results are not admissible evidence in court as they are not 100% accurate so even if you fail, it cannot be used as evidence against you. On the other hand, when juries hear that you refused to take the breath test, they will assume that you had something to hide. Also for first dui consequences and you refused to take the test, you will get 12 months suspension for your driver’s license instead of getting just 90 days.

What does BAC stand for?

BAC translates to blood-alcohol concentration which is the percentage of alcohol in the bloodstream. In most state laws, a BAC of 0.10 is the legal definition of intoxication. In Colorado however, a BAC of .08 is enough to get you charged for DUI or Driving Under the Influence. For underage minors, you can get charged with DUI with a BAC higher than 0.02

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Am I allowed to not answer the officer’s questions?

Use your right to remain silent to your advantage and do not offer any explanations. Politely reply with a yes or no as fit. If you made any incriminating statements after you are put in custody, our defense attorneys will assist you in getting those statements suppressed.

What happens if the police officer didn’t read me my Miranda rights?

Once you have been handcuffed, that’s when you are considered to be in custody and you should be read your Miranda rights. If the officer fails to read you your Miranda rights, remember to bring this up with your attorney.

What’s the best thing to do when pulled over for DUI?

When getting arrested for first offense DUI in Colorado, contact a DUI attorney right away. Refrain from explaining anything before you have properly consulted an attorney as anything you say can be used against you. Our experienced DUI lawyers are most knowledgeable when it comes to protecting your best interests.

Should I just plead guilty for a lower sentence?

It is wrong to think that pleading guilty is the only way to get lesser penalties or avoid drunk driving consequences. Remember that a District Attorney must prove that you are guilty in court before a sentence is ordered. It is advisable to consult with attorneys in general especially if you are on probation or on a deferred sentence as they can work a resolution of your other existing cases into the resolution of your DUI case. Our DUI

What are the possible DUI penalties in Colorado?

The penalties and fines may vary depending on the number of times you have been convicted for the same offense. DUI charges first offense includes fine of up to $1,500, mandatory attendance in a DUI school, revocation of driver’s license, and possible imprisonment of up to 1 year. The fines and duration of driver license revocation goes up as you are charged for the same offense for the second or third time.

I lost my license due to a DUI arrest but driving is a necessity for me. What should I do?

You may request for a provisional license or what is also referred to as a red license. If it is your first offense, your license will be suspended for 3 months in Colorado. If your request for a red license is granted, your three-month suspension will turn into a six-month suspension but only the first of the six months will you be prohibited from driving. The next five months will allow you to drive within the state to limited destinations like work, etc.

What can I do to not lose my license?

You have a shot at keeping your license by appealing to the DMV. Within seven days from the time of your arrest you must be able to request a DMV hearing, wait for your notice of revocation, and take this notice to the DMV. This will extend your driving privileges at least until the date of your hearing. The DMV hearing is only for appealing to keep your license unlike in the actual court where you will be challenging crime charges that can get you either jail or probation time.

Shouldn’t I be exempted from getting DUI charges since I have a legal prescription medication?

Being under legal prescription medication is still considered driving under the influence and is illegal. No matter what the substance is, it will come down to whether your driving was impaired or not and what the indications of the impairment was. If you were arrested under prescription medication, you must exhaust all defense tools available to protect your driving privilege and health.

What should I do to avoid getting cited for contempt of court?

The Judge will issue orders that you need to adhere to upon being sentenced. Your sentence may include settling court costs and fine, completing public service hours, attending alcohol education classes and therapies, serving time in jail and probation to not commit other offenses. Failing to comply with just one sentence order can lead to a contempt citation. It is best to contact your attorney as soon as you can so you can keep this from happening.