Office: 720-360-0529
IF YOU HAVE BEEN CHARGED WITH DUI, ISSUES TO CONSIDER
Drinking and Driving Is Not Against The Law. As you know, it is common for folks to drink alcohol in moderation and then drive. It is against the law to drink too much and drive. When you are stopped for a DUI, there are many difficult decisions you must make that you are not prepared to make. Should I answer the officer's question, have you been drinking? Should I agree to take the roadside manuever tests? Should I refuse to take a blood test or a breath test? You may feel fine and not believe there is any issue with how much you have had to drink. The problem is it is very difficult to determine if you have had too much. How much is too much?
The fact an officer states he smelled alcohol on your breath, or your eyes were not clear, or you did not perform roadside tests perfectly does not necessarily mean it can be proven you were DUI under the law. If you have been arrested and charged with a DUI or other major traffic offense, there are many options and avenues available to defend these charges. The case must be analzyed for issues with proof. The key is to a successful defense is to be able to identify errors and ommissionis in the police investigation and police conduct.
The fact an officer states he smelled alcohol on your breath, or your eyes were not clear, or you did not perform roadside tests perfectly does not necessarily mean it can be proven you were DUI under the law. If you have been arrested and charged with a DUI or other major traffic offense, there are many options and avenues available to defend these charges. The case must be analzyed for issues with proof. The key is to a successful defense is to be able to identify errors and ommissionis in the police investigation and police conduct.
Was there a legitimate reason to stop you? It is possible you were stopped without sufficient probable cause, as required by the law. It is for a judge to decide if there were sufficient grounds to pull you over or arrest you. If there was no valid reason to stop you, we can prove this in court.
Were the roadside sobriety tests conducted fairly? The roadside sobriety maneuvers commonly administered during a DUI investigation can be unfair. Some people could not pass these tests if they were sober. Some officers cannot pass their own test in a courtroom! I know this because I have seen it in trials I have conducted.
Was the intoxilizer blood test administered properly? The machine used to test your breath must be calibrated properly and have current certification or the test result may be suppressed. The operator must also be certified. Did you belch during the 20 minute period before the test? Was the machine tested properly before you were tested? Was the officer properly certified to conduct the test? Did you ingest something recently that will give a false reading?
Was the blood draw conducted in accordance with state regulations? A blood sample must be taken using strict procedures outlined by the Colorado Department of Revenue. A kit designed specifically for DUI investigations must be used. A special swab from the kit must be used to clean the area where the needle is inserted. A special preservative must be in the vial used to store the blood sample. These are just a few examples of areas I look for to find a defect with a blood draw.
Does the District Attorney have available all the witnesses needed to prove the case against you?
Is there exculpatory evidence (evidence that could show your innocence) that the District Attorney has not disclosed, as required by law?
Is there a technical problem with the District Attorney's ability to prove your blood alcohol level?
Have you complied with the Department of Motor Vehicle requirements? Have you requested a DMV hearing within seven days of your revocation? Have you requested the officer be present at your DMV hearing?
What exactly was the officer able to perceive with respect to your driving before you were stopped?
What exactly did the officer say to you as to why you were stopped?
Did the officer ask or order you to take the roadside sobriety tests?
Did the officer observe you closely for a full 20 minutes before you took a breath test?
What can be investigated to erode or destroy the government's case? Are there witnesses that saw your driving or were able to observe you just before you drove?
Were your constitutional rights violated? If so, how? Was there really a valid basis to stop you? Was there a valid basis to arrest you even if the stop was proper? If you made statements, were you properly advised of your constitutional right to remain silent? Should motions to suppress evidence be filed and a hearing requested to convince the judge your rights were violated?
Can the officer that arrested you be effectively cross examined on the stand by an experienced trial attorney? Did he make inconsistent statements? Is his memory poor? Is he an inexperienced officer?
Should you take your case to trial or can the District Attorney be convinced to reduce the charges to a degree acceptable to you? What are the risks involved in rejecting an offer?
Do you qualify for a probationary license even if your license is suspended?
Do you qualify for a suspended sentence or work release sentence, or is a jail term mandatory with a conviction?
Colorado laws on DUI are complicated and have changed over the years increasing the penalties. Here are links to the primary DUI laws in Colorado:
DUI PENALTIES
DUI GENERAL LAWS
DUI CONSENT FOR BLOOD TEST LAW
DUI Resources:
Level II Alcohol Class Providers
Interlock Ignition & Early Reinstatement
DMV Frequently Asked Quesions
DMV Driver Services
Early Reinstatement Interlock
Documents/Forms Necessary for Early Reinstatement License with Interlock Device:
1. Application for Reinstatement (Form DR2870)
2. Level II Alcohol Education Affidavit of Enrollment (Form DR 2643)
3. Ignition Intelock Agreement (Form DR2058)
4. Certification (Form DR2598)
5. SR22 Insurance filed by Insurance Co.
6. $95 Reinstatement Fee. Call DMV, 303-205-5613, for information on how to pay.
To Upload Documents, pay reinstatement fee, see eligibility date, reinstatement requirements, upload reinstatement documents, go to the Colorado DMV website, "Process to Reinstate Driving Privilege." Click Here to access.