(720) 863-7755We are there for our clients to inform them of their rights and to help them achieve the best possible outcome in their legal proceedings. Contact us for a free phone consultation at (720) 863-7755 and find out how we can help you keep your life intact today.
Q: If I am pulled over and am suspected of DUI, DWAI or DUID, do I really have to submit to a chemical test?
A: Technically, no (but please see the long answer below!). You do not have to submit to any kind of test unless a judge has ordered it, with a couple other exceptions. It is best to discuss this with a qualified attorney if you believe that you fall under an exception.
Q: Should I consider submitting to a chemical test if I am pulled over for a DUI?
A: Although you do not have to submit to any test, a driver will automatically lose his license for a year if he chooses not to submit to some form of chemical test. The Expressed Consent Law (CRS 42-4-1301.1) in Colorado requires any driver to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence of alcohol, drugs or both. Furthermore, if a driver does not submit to a chemical test, his refusal CAN be admitted in court by the prosecution.
Q: If I had a higher BAC are there more penalties?
A: Drivers with 0.17 BAC or greater (even if it is a first offense) are classified as Persistent Drunk Drivers (PDDs). PDDs must complete Level II Alcohol Education and Therapy and have an ignition interlock device installed for at least two years upon reinstatement of driving privileges.
Q: How long will I lose my license for?
A: Under Colorado law, first time offenders who have a BAC above 0.08 (DUI) are subject to a license suspension of 9 months and 12 points off a license. First time offenders have a mandatory no-driving period of 1 month. After this time, a driver may request an interlock device and, if granted, he may drive with the interlock device for the remaining months of his suspension.A person who has a BAC of 0.08 or greater and one prior alcohol related offense has a total license suspension of 1 year and 12 points off a license. There is no opportunity for an interlock device to substitute for part of the suspension time.If a driver refuses a chemical test, he will automatically lose his license for 1 year.
Q: Which test is better, the blood alcohol test or Breathalyzer test?
A: This question is often asked to defense attorneys. Although it is often debated, there really isn’t a “better” test.
Q: Can a defense attorney help me even if I have a high BAC?
A: Absolutely! A knowledgeable defense attorney can help determine whether the evidence in a DUI or DWAI case is credible and whether your rights were upheld. In order to enter a BAC test result into evidence, very specific rules must be followed by the police and lab. Contact us today at (720) 863-7755 to see how we can help you!
At the Law Office of Peter Loyd Weber & Associates we will be there for you through every step of the process. We are here to inform our clients of their rights, and we are here to help our clients achieve the best possible outcome in their legal proceedings. Contact us for a free phone consultation at (720) 863-7755 to see how we can help you today.
