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Colorado DUI and DWI Legal Questions

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138 legal questions have been posted about dui/dwi by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Colorado DUI and DWI Questions & Legal Answers - Page 5
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DUI/DWI
Colorado

Recent Legal Answers

I took three test and have been accused of refusing what does this mean?

Answered 12 years and 11 months ago by Eric S. Lumberg (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
Consult with an attorney to discuss these issues fully and properly prepare the case.
Consult with an attorney to discuss these issues fully and properly prepare the case.

Why does it take up to 2 years to file a misdemeanor DUI case?

Answered 12 years and 11 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
Assuming your case is a misdemeanor and its in California, the prosecution has one year to file the charges so you will be finished with your case in October 2013, assuming charges aren't filed prior to that date.
Assuming your case is a misdemeanor and its in California, the prosecution has one year to file the charges so you will be finished with your case in... Read More

How much trouble am I in exactly for being arrested for DUI?

Answered 12 years and 11 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Assuming that this is a first offense and truly no one was hurt (which seems unlikely since the accident would likely be a "head-on" collision) you are looking at a maximum sentence of 6 months in jail, if there were injuries you are looking at possible felony prosecution and significantly increased punishment. In addition to jail you are also facing a DUI program of up to 9 months, significant fines and fees and a license suspension for up to one year. You should contact a competent DUI lawyer within 10days of your arrest as you have important rights that vanish after that time.... Read More
Assuming that this is a first offense and truly no one was hurt (which seems unlikely since the accident would likely be a "head-on" collision) you... Read More

What usually happens when you get two DUI's close together?

Answered 13 years ago by Steven Joseph Pisani (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The law in Colorado states that when a second offense for DUI occurs within 5 years of a prior offense, the sentence imposed by the court must be completed in the county jail. If this was your first and second DUI's, then you be facing a minimum of 30 days jail. There are many reasons why that sentence would be harsher though: the short time between the two cases, possible violation of probation or bond and lack of maintaining sobriety. Basically, you could be looking at a very severe sentence from the court. Hiring an experienced criminal defense and DUI attorney is imperative.... Read More
The law in Colorado states that when a second offense for DUI occurs within 5 years of a prior offense, the sentence imposed by the court must be... Read More

What would happen if I took a breathalyzer test but the test came back with no results?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
You want to get a lawyer and fight the matter since you did not refuse.
You want to get a lawyer and fight the matter since you did not refuse.

What would be I be charged with for a first time offence?

Answered 13 years ago by attorney Laurie A. Schmidt   |   3 Answers   |  Legal Topics: DUI/DWI
In the state of Colorado, you may be charged with DWAI or DUI. You should consult with a DUI attorney in your area as soon as possible. You may have legal defenses to any charges brought by the government. In addition, you need to request a hearing through the DMV within 7 days of your arrest, barring some unforeseen reason.... Read More
In the state of Colorado, you may be charged with DWAI or DUI. You should consult with a DUI attorney in your area as soon as possible. You may have... Read More

What charges would come out of a first time DUI charge if I blew a .07 and what type of penalties will go with it?

Answered 13 years ago by Steven M. Dodge (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
You will be charged with Operating While Intoxicated or Operating While Visibly Impaired. Both are misdemeanor offenses carrying a maximum of 93 days in jail and license suspensions of one year and 90 days respectively. There will also be fines, costs, and fees associated with any conviction. What your sentence might be will depend on your judge. Write if you have other questions.... Read More
You will be charged with Operating While Intoxicated or Operating While Visibly Impaired. Both are misdemeanor offenses carrying a maximum of 93 days... Read More

What does it mean in the long run if my son was arrested for DUI, spent the night in jail and told by the judge the next morning that no charges were

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
No he will not have a criminal record. Criminal records are of convictions.
No he will not have a criminal record. Criminal records are of convictions.

What can I do if I missed a court date but I was only the passenger not the driver?

Answered 13 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
If you had been summoned to court or were subpoenaed to court, the judge can issue a bench warrant to have you picked up and held until he can see you.
If you had been summoned to court or were subpoenaed to court, the judge can issue a bench warrant to have you picked up and held until he can see... Read More

What can I do if I missed a court date but I was only the passenger not the driver?

Answered 13 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
You need to hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky.
You need to hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky.

How much will a OWI attorney cost?

Answered 13 years ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
This depends on where you live. Call around to attorneys and get prices.
This depends on where you live. Call around to attorneys and get prices.

Am I eligible to request a normal license if my DUI was 4 years ago?

Answered 13 years ago by Jared Clayton Austin (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
You can request it, but if you haven't met all the requirements, you're not going to get it. Hire an attorney experienced in Driver's License Restoration Hearings so you can be sure to increase your odds.
You can request it, but if you haven't met all the requirements, you're not going to get it. Hire an attorney experienced in Driver's License... Read More

Is there a case for me if while talking to the magistrate, I hear the officer say I was only tested because my eyes were bloodshot shaky?

Answered 13 years and a month ago by Michael J. Breczinski (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
Probably not but the reason for pulling you over might make a difference.
Probably not but the reason for pulling you over might make a difference.

What can be done if my husband was charged with a DUI and causing bodily harm?

Answered 13 years and a month ago by John J. Carney (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
Retain a good DWI lawyer to handle the matter. If you are indigent the court will appoint a public defender to handle the case. He will lose his license for 6 months or 90 days and pay a fine but not go to jail on a first offense.
Retain a good DWI lawyer to handle the matter. If you are indigent the court will appoint a public defender to handle the case. He will lose his... Read More

How can I get a good Denver defense attorney?

Answered 13 years and a month ago by attorney Laurie A. Schmidt   |   1 Answer   |  Legal Topics: DUI/DWI
DUI prosecutions are highly technical and scientific, you are right to be concerned. You want an attorney who has experience defending DUI's. There are several websites out there, such as the Colorado Criminal Defense Bar that would be a good resource for DUI attorneys in Denver. The Colorado Defense Bar also has a link of the top ten tips for hiring a criminal defense attorney, the website is: http://www.ccdb2.org. I participate in both sites and would be happy to consult with you.... Read More
DUI prosecutions are highly technical and scientific, you are right to be concerned. You want an attorney who has experience defending DUI's. ... Read More

Is it legal if I'm pulled over and arrested for DWI without probable cause?

Answered 13 years and a month ago by John J. Carney (Unclaimed Profile)   |   12 Answers   |  Legal Topics: DUI/DWI
You are very wrong about everything that you believe is the law. First of all they can pull you over for any traffic infraction and will make one up if necessary. Second, you were not forced to take the test, they read you the DWI Refusal Warnings and you chose to take them. Third, they had probable cause to arrest you since they reasonably believed you were intoxicated. Retain a good criminal lawyer ands hope you get a DWAI violation if your BAC was under .18 %. If it was over that you will probably be convicted in most courts.... Read More
You are very wrong about everything that you believe is the law. First of all they can pull you over for any traffic infraction and will make one up... Read More

What are the consequences of a DUI in Colorado if no breathalyzer was taken?

Answered 13 years and a month ago by Steven Joseph Pisani (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
If no chemical test was administered either via blood or breath analysis, the DMV will hold a hearing to determine whether you refused such testing. In Colorado, you must consent to a blood or breath test if there is suspicion of drunk driving. If the DMV determines that you refused such testing, then they can suspend your driving privilege. The length of the suspension is generally 1 year but could be longer based on your driving history.... Read More
If no chemical test was administered either via blood or breath analysis, the DMV will hold a hearing to determine whether you refused such testing.... Read More

Will the judge quash a warrant in Colorado?

Answered 13 years and a month ago by Steven Joseph Pisani (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
A criminal defense attorney can assist you with requesting that the warrant be quashed. This will allow you to pay your court costs, complete any other requirements you have and avoid jail time.
A criminal defense attorney can assist you with requesting that the warrant be quashed. This will allow you to pay your court costs, complete any... Read More

Will having to put an ignition immobilizer stop me from early probation termination?

Answered 13 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: DUI/DWI
Consider checking with your P.O. It may be that the conviction which led to having the immobiliser amounts to a violation of probation rules, and that could lead to revocation. If the PO knows about the conviction and has decided not to 'violate' you, you certainly can review the situation with him. The real issue I think is much less the immobiliser than it is the DUI or similar charge which led to it.... Read More
Consider checking with your P.O. It may be that the conviction which led to having the immobiliser amounts to a violation of probation rules, and... Read More

Can I purchase a firearm while on probation for DWS?

Answered 13 years and a month ago by Michael J. Breczinski (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Not sure ask a gun dealer they would know.
Not sure ask a gun dealer they would know.

What is the maximum sentence for a first offense DUI in the state of Colorado?

Answered 13 years and 2 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: DUI/DWI
1 year but you likely get probation These cases can be won
1 year but you likely get probation These cases can be won

I was charge with a DWI have a court date and I’m only 23 and don't have much money how do I afford a lawyer?

Answered 13 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
If you can't afford one then ask the court to appoint one for you.
If you can't afford one then ask the court to appoint one for you.

I was charge with a DWI have a court date and I’m only 23 and don't have much money how do I afford a lawyer?

Answered 13 years and 2 months ago by Francis John Cowhig (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
If you can't afford a lawyer, ask the judge to appoint a public defender to represent you.
If you can't afford a lawyer, ask the judge to appoint a public defender to represent you.

Do I have the right to counsel at an initial bail hearing?

Answered 13 years and 2 months ago by attorney Jason William Savela   |   1 Answer   |  Legal Topics: DUI/DWI
You can have counsel, but if you wait until you have counsel, you might have to stay in jail without possibility of posting bond until you can get an attorney there often, the judge sets a bond or even releases on personal recognizance - why would you want to delay that but - if the court sets bond conditions or a high bond that you do not like, you can have a second bond hearing with counsel later.... Read More
You can have counsel, but if you wait until you have counsel, you might have to stay in jail without possibility of posting bond until you can get an... Read More
DUI/DWI
Colorado

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