Colorado DUI and DWI Legal Questions

If you fully comply with the conditions of your probation then you won't be refered back to court and so there would be no chance of you going to jail.  I am a little unclear on why you had that questions since you did not imply that anyone was threatening you with jail, but hopefully that answers the question.... Read More

I beleive the best approach is to contact whatever agency you report your community service work hours to (probably Community Justice Services or your probation officer), ask for additional time to complete the community service BEFORE the time runs out, and have a plan on when the remaining 30 minutes will be done. This MIGHT avoid you being referred back to the Judge.  However, even if you are referred back to the judge - do the remaining 30 minutes BEFORE the court date and have proof of that - the judge will likely accept it.... Read More

If you move to Texas PRIOR to your sentencing date, Colorado law allows the judge to impose a sentence that is just a fine and community service work.  It depends on the county whether they follow this procedure or not, however. Or if you move to Texas after the sentencing, probation can be transfered there under the interstate Compact (a rather complicated process that can take several months to complete).  You will have to get an alcoho0l evaluation in Texas and do whatever is recommended there - if you have not completed your alcohol program before moving - you will be starting all over again. So, the short answeer is you can move, but it is complicated. A lawyer could really help you with this.  ... Read More

 Unfortunately it is not illegal for officers to mute or turn off their body cams while consulting with other officers- in fact many departments have a policy that allows or even requires it. But juries seem to dislike it when officers do this spit can help your side of the case if the case goes to trial.... Read More

The fact your last name is now different, it will not have any impact on the case. It makes sense to consult a lawyer to get an idea of what your options are, and how the case is likely to go.  If your license was taken from you, and you were given a "Notice of Revocation", you need to request a DMV hearing on the revocation of your license within 7 days of getting this notice.  ... Read More

It really depends on the whether this is a first offense, what county you are in, the judge you are in front of,  how many violations (otehr than missed UAs) there have been, whether you want to try to successfully complete probation or just get the case over with etc.  Without at least knowing whether it is a first offense or not, there is no way to answer this question.  ... Read More

Yes, you can drive for the first seven days after the Notice of Revocation is served on you. During those 7 days you need to go to the DMV and request a hearing on the revocation of your license. You will be allowed to drive until the hearing. The hearing has to be scheduled within 60 days of when it is requested.  There are a couple of decisions to make before requesting the DMV hearing and it would be best to consult a lawyer before you make the request. ... Read More

In Colorado to be guilty of DUI a person must be "driving" a motor vehicle, which has been interpreted to mean that they were in "actual physical control" of the vehicle. Seems to me you need to analyze whether a drunk person in a car with a 10 year old is in actual physical control of the vehicle, despite not being behind the wheel - was he directing the driving behavior of the 10 year old, helping in some way - and if so does that put him in "actual physical control". One could also ask whether the drunk person was committing child abuse by having the 10 year old drive?  Good luck. ... Read More

While it is legally possible to file for relief (I assume you mean to withdraw the plea and start again), it is extremely unlikely that it would be successful.  The courts look at the advisement you were given in court by the Judge when you entered your plea - not the facts of the case. The issue in withdrawing a plea is whether you understood what you were doing at the time you entered the plea. It will be quite expensive and difficult to try to re-open the case and certainly no guarantee that if you get to re-open the case and start again, that it will turn out better than a deferred sentence (which, if successfully completed, results in dismissal of the charge). ... Read More

DUI cases are very complex.  You will need a lawyer to help you.  If they are saying you refused to take a blood or breath test, that is both good and bad in the case - if you truely were sober then taking a test would have probably shown that, so it may have been a mistake to not take a chemical test of your blood or breath. The roadside testing is somewhat subjective in it's scoring so the officer can be challenged on that. Hire, or at least speak to, a lawyer, or if you qualify financially for the public defender let them represent you.... Read More

Your question is a bit unclear, but restitution in a criminal case and the ability of an insurer to seek reimbursement for money paid out in the same situation are two different things. They cannot "double recover" but it seems from your question that the amount they want was not included in the restittuion figure so it seems they would not double recover. Therefore you will have to deal with them and work it out, or they likely would sue you to recover it. ... Read More

You really need to get the police reports from your case and then sit down with a lawyer to review it to give you a detailed explanation of the process and any defenses you have.  Then a discussion of mitigating things you can do (entry into the alcohol program is a good start).  Remember the drivers license issue (involving the Interlock) and what happens in Court are separate processes. With a BAC of .198 you are very close to required jail time even on a first offense. I am not clear from your statement about whether the .198 is the “PBT” result from the handheld breathalyzer on the roadside or the official result from the blood test or Intoxilyzer (plugged into the wall).   Do at least a consultation (1 hour review of your case) with a lawyer even if you don’t hire one to handle the whole case. It should cost an hour of the lawyers hourly rate.... Read More

If you read the “Notice of Revocation” they gave you when they took your license, you will see you have 7 days to request a DMV hearing on the revocation of your license and you can drive in the mean time. Hearing has to be held within 60 days of the request. Talk to a lawyer before making the request for a hearing so you make all the right decisions when making the request. Losing your license until “May 11” makes no sense in Colorado. As for the case in Court, if you admitted to driving the car and having the accident, that can be used against you. The person that called the police may have seen you get out of the car as well. You REALLY need to have a face to face meeting with a lawyer to learn about the complexities of DUI cases.... Read More

Of course they do not need a test to go to trial on a DUI/DWAI case. You can object to "destruction of evidence" but it is pretty technical argument and you really need a lawyer. If you qualify - have the public defender represent you. if you don't, find a knowledgeabel DUI lawyer to take on that issue for you. It will be worth the money you spend, I suspect. Having a med card won't help with the DUI, nor open container.... Read More

DMV now has an online portal where documents can be uploaded, you can check on your reinstatement requirements, etc.  That may keep you from having to miss work: https://mydmv.colorado.gov/_/#3  .  A violation of the interlock requiremetns (like it prevented starting the car due to alcohol on your breath) does extend the interlock requirement for 12 months.  The Interlock provider likely has little to no information about your Interlock requirements. But DMV is required to communicate with you using the last known address they had for you. It might be that if you can show them that they failed to notify you at the last address they had, it will make it easier to start again and etc.  I am a little unclear - did you have the Interlock taken off and then learned the requirement had been extended for 12 months? And that is why there is additional cost and aggravation? All of that being said, there is likely little or nothing that can be done to change your situation. ... Read More

This is something that has to be straightened out in California where the DUI apparently is pending.  This is not an unusual situation (so I am not sure why the person at DMV you spoke to said they had not seen it). There is an "Interstate Compact" between states. When a person fails to take care of a ticket in one state, it causes a hold on the persons license in their home state. The only way to remove it is to take care of the matter in California. Hire a lawyer in the county where the DUI ticket is pending and see how they can help you - it is the only way to straighten it out. ... Read More

The longer between driving and blood draw, the harder it is to associate the result to the time of driving. This is especially true after a crash where medical attention is given due to the body?s response to trauma and drugs given during medical procedures. The biggest caveat is that different drugs will react differently to these inputs. There is case law that suggests 6 hours is admissible, not sure the drug. Even if admissible, then question is the value of the evidence. It might be very low. This should not cause you an immediate DMV suspension either way. A quality DUI attorney can provide more specific analysis with more information.... Read More

Since taking an alcohol evaluation is one of the conditions of probation, you woudl be in violation of probation by failing to take the 3evaluation. Also, on a first alcohol offense the only way the Judge can suspend all of the jail time is to order you to take the alcohol evaluation. So failing to take it likely woudl lead to some jail time. ... Read More

The criminal case - which is what was dismissed - and the DMV/ driver's license issues are two different things, handled by two different authorities, and can come to two different decisions. If you did not request a hearing on the revocation of your driver's license, or if you requested a hearing and lost the hearing, then the dismissal of the case in court does not impact that. Therefore you must do what DMV is requiring in order to legally drive.  A lawyer coudl analyze your drivintg record and the facts of your situatiopn to give more specific advise, if you made an appointmtne and sat down with a lawyer. ... Read More