Drunk Driving Top Ten
You are Charged with a DUI / DWAI in
Colorado – Top 10 Things to Know!
1. If your breath or blood test resulted in a BAC of .08 or above you are subject to the Express Consent provisions. Your license may be suspended for 3 months on a first offense or one year on a refusal or second offense. You must request a hearing from Motor Vehicle within 7 days . This includes the day you were stopped, all holidays and weekends. Failure to request a hearing within 7 days will result in immediate suspension. A request for a hearing gives you up to 60 additional days to drive.
2. Even if you think you will lose the Motor Vehicle Hearing it is worthwhile to request a hearing. Requesting a hearing gives you additional time find alternative transportation and to have an attorney review your case.
3. Do not confuse the Motor Vehicle hearing with your Court Date! Court proceedings and Motor Vehicle hearings are separate and independent. Motor Vehicle determines if your driving privilege is suspended or restricted. The Court determines guilt or innocence.
4. If you fail to appear for Court, a bench warrant will be issued for your arrest. The next time you are stopped by the police you will be arrested and required to post bond.
5. If you drive after being revoked for a drunk driving related offense, you face a minimum 45 day jail sentence, upon conviction.
6. Colorado has a three strikes rule. If you are convicted of three major traffic offenses within seven years you will lose your license privilege for 5 years.
7. There are ways to challenge the breath or blood results. The testing procedures are complicated. The machines and persons operating them make mistakes, which can be used to challenge the results.
8. A second sample of your breath or blood must be preserved by the police. You are entitled to obtain and test that sample. If the results differ, you could keep your license and avoid a conviction.
9. The laws pertaining to DUI are constantly changing. It is impossible for you to keep up with the changes in the laws. You need representation.
10. A lawyer can sort through the legal issues for you and map out a strategy to defend the case and minimize the impact on your life. E-mail or call the Law office of Ronald M. Aal at 303-955-6683, ext. 137, NOW!