DUI and DWI Legal Questions

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

Yes, I would recommend a lawyer for most criminal offenses, especially DUIs. DUI's are a specialized area of the criminal defense and you will typically want to find a firm that handles primarily DUIs.  If its considered a first DUI, there are consequences (e.g., DL suspension, probation, etc) that you'll want to avoid. Go to the DUI page on our site to review the issues of importance.  https://www.lockettlaw.net/DUI-Defense/  ... Read More

Unfortunately DUI convictions cannot be sealed or expunged. That is becasue the person convicted receives an Adjudication of guilt. Unlike many other charges where a person can receive a withhold of Adjudication, the statute in Florida does not allow it. Also, anytime you have been Adjudicated on any offense, you are ineligible to expunge anything else, so the other charges cannot be sealed either.... Read More

The judge is unlikely to give you and extension because you want to switch attorneys on the eve of trial - becuase this is a common "tactic" in the view of most judges where people are trying to buy more time.  That being said, if your attorney has never talked to you about a trial and you are habitual, that might be a basis for the judge to grant you more time.  More info: Habitual Offenses  DWI Enhancements... 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

Yes, he needs an attorney. Most judges will be reluctant to move forward without representation.  A conviction can carry jail time and license suspension.  If not handled properly it can impact him for a long time.  Get an attorney.  If he can’t afford one he can ask for a public defender but in some counties if he posted a bond he may not be eligible for a public defender.  ... 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

The degree to which any attorney can help you depends on several factors. As an initial matter, the prosecutors first have to be able to prove you were guilty of the offenses. If not, a good lawyer might be able to get one or more of the charges dismissed. If they can prove all three, then it becomes a matter of negotating with the State, and discussing the risks associated with any potential proposed resolution, with you. Ultimately, you're the one driving the boat. Our job is to give you the best advice we can, and to point out the icebergs, so to speak. Feel free to call me with additional questions. Best, Rick... Read More

It depends.  The defense of your current citation would not include the ability to challenge the validity of the suspension.  The officer just has to prove that you were suspended.  I have had cases in the past where we did what is called an appeal nunc pro tunc and attempted to reverse the suspension.  If you are successful often times you can get the officer to remove the driving while suspended ticket.  This is not an easy process and really should be done with the assistance of an experienced attorney.  You are talking about 3 or 4 court appearances and many times negotiations get you to a better result than actually trying the matter.  Sit down with a local traffic attorney and let the work through the details.    ... Read More