Frequently Asked Questions-DUI
What if the Officer did not read me the Miranda Warnings, will the case be dismissed?
Probably Not. Officers are only required to advise you of your Miranda Rights if they are going to question you while you are in custody. Being pulled over on the side of the road and being questioned by an officer does not constitute custody in a legal sense. In fact, many officers will delay arresting someone for as long as possible to keep them talking. The more you talk, the more you are likely to make statements that will be interpreted to make you look guilty. You have the right to remain silent. Say as little to officers as possible and ask to speak to your attorney.
When I was arrested for DUI the Officer took my license. How can they do that if I haven’t been convicted yet?
This doesn’t seem fair in our system of justice but it’s the way the system works in this situation. It is because there are really two ways to lose your license when you get a DUI.
The first way to lose your driver’s license is through the DMV. Colorado law generally states that IF you are found to have been driving and your BAC (Blood Alcohol Content) is greater than 0.08 within two hours of that driving, you will lose your license for a period of time. This it true regardless of whether you are convicted of DUI.
The other way to lose your license is through a point suspension. Just like a speeding ticket, a conviction for DUI results in points on your license. In fact, conviction for DUI results in 12 points which is enough to suspend your license in Colorado.
When the officer took my license I was given a paper driver’s license. How long can I drive with it?
The Temporary License is good for 7 days. Within that time you MUST take it to a Colorado Driver’s License Office and request a hearing to determine if the DMV is going to suspend your license. If you do not, your license WILL be suspended as of the eighth day after your arrest. After you request a hearing, you should be able to drive with the temporary license until a hearing has been held with the DMV to determine if your privilege to drive will be suspended.
When requesting a hearing, you will be required to choose if you want the arresting officer to be present at the Driver’s License Hearing. Consult an attorney to determine if you want the officer to be present.
Are the Roadside Maneuvers mandatory?
NO! Roadside sobriety tests are not mandatory. The officer must inform you that the tests are voluntary. Most Roadside sobriety tests simply give the officers more evidence to use against you in the case of a trial. Generally, in our experience, once an officer has decided to ask you to complete roadside sobriety tests, he or she has already made up their mind to arrest you. They are simply looking to uncover more evidence to prove you are intoxicated.
Do I have to take a Blood Alcohol Test?
In the event you are arrested for DUI, the officer will inform you that you are required to take either a blood or breath test. Colorado law requires any driver to submit to testing under these circumstances or the driver will lose their driving privilege for at least one year.
Am I going to Jail if convicted of DUI?
Even if you are a first time offender and your BAC was not very high, it is possible, but the likely answer is no. First time offenders are often given suspended jail sentences in addition to significant fines, court costs, alcohol education classes, community service and other penalties.
Drivers with a BAC over 0.175 may be looking at jail time even for a first offense in addition to the other penalties mentioned above.
Drivers convicted of a second offense or more DUI’s should expect the court will sentence them to jail time if convicted.
Why am I charged with two DUI crimes?
Colorado Law recognizes two distinct DUI crimes, Driving Under the Influence and Driving Under the Influence Per Se.
Driving Under the Influence merely states that you were driving at a time you were impaired by alcohol, drugs or both. Similar to being able to determine if someone is intoxicated through your experience, this charge does not require a BAC test to be proven (although a test may be used to help prove that a person is intoxicated).
Driving Under the Influence Per Se merely charges that your BAC was over 0.08 at the time you were driving.
Either charge is considered a DUI but even if convicted of both the courts treat the convictions as one.
I got a DUI, what should I do?
The best answer is meet with an attorney as soon as possible to discuss your options. DUI’s can be very complicated and have far reaching implications. We can help you through the DUI process and help you to understand the system as well as represent you before the Court and the DMV.