Colorado DUI and DWI Legal Questions

My law partner Bob Miller is willing to discuss this with you - call him at 303-449-2830 x2. So if you woudl like to call him he may be able to help.  Certainly it would be best if the car that ran into your house was insured fully as that woudl make resolving the case and getting paid easier. ... Read More

Was there a blood test taken by the officer or just by the hospital for your treatment? I will presume the officer had blood drawn for his purposes as well.  If the accident did not result in any injuries to anyone else (other than you), then I do expect the charge of DUI will be added to your charges if it has not been already (there is just a small check box on most tickets that says a person is charged with DUI and people can miss that when looking at the ticket). If someone else was injured in the accident then there is a potential that much more serious (potentially felony) charges could be filed. You should definitely at least consult with a lawyer even if you decide not to ultimately hire one. A one hour paid consultation can provide you a lot of very useful information. ... Read More

The meth concentration is not a dramatically huge amount since '"Peak concentrations for  methamphetamine range from 615 to 7361 ng/m".  That said, it is possible to have your blood retested by an independent lab.  Given what you said here, sounds like the case just needs to be set for a jury trial and you need to defend yourself at the trial. Of course, you should have a lawyer to do that - so seek out an attorney to help you.... Read More

You can try contacting the court - best to do so in writing explaining your situation. When you did not appear for court, a warrant likely issued for your arrest. If you call or send in a written explanation, the court might then set a new date for you to appear and at that time they would quash the warrant.  Some courts have ways to get warrants quashed by showing up at certain times or days. You can call the court clerk's office and ask about that, but that would require you to travel to the courthouse.  ... Read More

It would be best to get your probation officer's permission to complete the program in New Orleans in order to get credit for it. If you have to do an alcohol program to get your driver's license reinstated you need to get the Colorado Department of Behavioral Health to approve the program for the DMV to accept it. Also, it is likley that your time in Colorado classes will not transfer to New Orleans so you will be starting all over again.... Read More

The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. ... Read More

The law allows you to request that the Court order a refund of a portion or all of the money paid to a bonds person if the bond is reduced or vacated within 14 days of when it was posted.  The statute (below) is 16-4-110(2). You can file a motion with the court in your case and ask the judge to order the bonds person to refund some or all of the money you paid them:   16-4-110 (2) If, within fourteen days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered either by order of court or upon the motion of the district attorney or the defendant, the court, after a hearing, may order a compensated surety to refund a portion of the premium paid by the defendant, if necessary and supported by factual findings, to prevent unjust enrichment.  If more than fourteen days have elapsed after posting of a bond by a defendant, the court shall not order the refund of any premium.... Read More

It is not double jeopardy since one is an administrative matter and the other is a judicial matter . It has been challenged in court and lost.  Having a drivers license is a 'privilege' and not a right, so they can attach any rules they like to getting one (for the most part). Sorry.  That said, you might consult with a lawyer to see if there are any other options.... Read More

There is an interstate compact that allows Colorado to revoke your Colorado license just as they would if the conviction for DUI was here.  Generally, if your ability to drive is revoked in Nebraska, Colorado law would not allow you to drive here using your Colorado license until you are reinstated to be able to drive in Nebraska. It is worth having your specific circumstances analyzed by a Colorado attorney familiar with the DMV rules here, or at a minimum contacting the DMV to ask them when you can drive in Coloraddo once your Nebraska case is resolved. ... Read More

If you have completed the alcohol program and the only issue for trying to revoke your deferred sentence is that you did not complete the alcohol program - provide proof to the Court that you completed the program and that should take care of it with no further action needed.  If you can, take the proof to the court clerk prior to the hearing and have the clerk 'efile' it into the file and ask that the hearing be vacated. It might be you can avoid having the hearing at all.... Read More

This likely means there is something outstanding that is owed or needs to be done in the Michigan DUI case - maybe a driver's license fee due or something. A lawyer could help sort it out - or you can contact the Michigan DMV and see if there is some type of hold on your license, and then do whatever is needed to remove the hold. In some states you can get your driving record online and that should reflect what needs to be done.  I can help with it if you like.... Read More

If you just had ONE DUI, and it was 25 years ago it likely will not impact your ability to get a CDL (per the Federal regulations) in Nebraska - BUT you may have to do soemthing in the state you got the DUI in order to have Nebraka be okay with you getting a CDL.  As for Nebraska law, you will have to check with a Nebraska lawyer. ... Read More

Based on that it is possible, if the case is handled well, that the prosecution cannot use the blood test results at trial and possibly the DMV can't use them (so your license would not be revoked). One could argue that you have been precluded from having the results for your defense - and that could help.  However, the remaining evidence of the officers observations of you, etc. likely could still be used against you.  I am hoping you have hired a lawyer with lots of experience in DUI cases. ... Read More

Blood tests not being available by the first court date is not unusual.  The Court will merely keep resetting the case until the blood test results are provided.  Some courts do not allow you to enter a 'not guilty' plea at the first court date. That is because they have to get your case to a trial within 6 months of when you plead not guilty. That said, if you are in a county that does allow the not guilty plea to be entered at the first court date, then the trial must be within 6 motnhs of that date unless you 'waive speedy trial'.  So it gives you some leverage.... Read More

If the car is being held for investigation, at some point they will notify you (or you could have your lawyer contact them) about getting the car back. At that time they could issue you a summons for DUI or I suppose even arrest you for DUI.  I strongly suggest talking to a lawyer NOW so the case gets off on the right foot from the very beginning.... Read More

If it is Oklahoma that revoked your license, you will need to talk with an attorney in Oklahoma. If it is Colorado (where I am), the DMV is completely seperate from the Courts so it will not help to assk the judge about your license - a judge has no authority to return your driver's license.  If the revocation is in Colorado, you need a lawyer to analyze your driving record and determine the procedures to follow for you to be reinstated. It can be a complex process. You can also contact the DMV directly and ask them the reinstatement requirements. ... Read More

If you “signed something with a court date” it means you have been charged and have a court date. If they did not give you a copy of what you signed that is unusual.  I suggest calling the court clerk of the county where you were arrested and asking when your court date is.  Or better yet, hire a lawyer to locate your case, and properly advise you on what to do and how to handle the case. You do NOT want to miss the court date - or a warrant will be issued for your arrest. Take this seriously and talk to a lawyer face to face.... Read More

A DUI that is a fourth or more offense is a class 4 felony in Colorado. A class 4 felony carries a potential sentence to prison of up to 6 years in prison followed by three years of parole.  The actual sentence he will get depends on MANY factors like the county the case is in, the judge, the DA, the facts of his case, etc.  BUT often people get probation with some county jail time, sometimes a felony conviction can be avoided.  But he certainly needs a lawyer to help him with the case.    ... Read More

The "statute of limitations" is the time the prosecutor has to file charges - so it sounds like charges were filed, you plead guilty to something and didn't do everything you were supposed to. So it is not a 'statute of limitations' problem. There are two issues in Colorado - one whether there is a warrant outstanding for your arrest for not complying with the sentence (it may have been removed due to age of the case) and (2) if Colorado has put a 'hold' on your drivers license for failing to fully resolve the DUI case.  If Colorado has put a hold on your license, the only way to have it released, so you could get a valid license in another state, would be to check with the Colorado DMV and see what they need you to do in order to release the hold. It could invovle just paying money, or it could require that you prove completion of an alcohol program, maybe have an Interlock device for two years, etc. You can contact Colorado DMV or check your CO DMV driving record online if you like, or hire a lawyer to do that and advise you of what you need to do. I'd be happy to help if you like. ... Read More