Tips to
Know If You're Charged With a Colorado DUI
If your license is revoked for DUI, how will you get to work or care for your
children or a sick family member? Did you know that except in the case
of first time DUI offenders (Colorado Senate Bill 03-076 "Probationary
licenses for first time DUI"), Colorado DMV will no longer issue "red" or
Probationary Licenses for any reason, during the period of a DUI license
revocation? Even first time offenders face at least one month of no
driving. To make matters worse, the Colorado Bureau of Investigation keeps
permanent computer records of all DUI convictions. These records are
available to anyone, including prospective employers - for just a $10.00 fee.
Today - more so than ever - choosing a DUI
lawyer to help with a DUI charge could be one of the most important decisions
of your life. For example, Colorado now requires mandatory jail upon
receipt of a second or subsequent DUI conviction - even if your last DUI was
twenty years ago in another state! If your breath or blood alcohol level
was over 0.20% BAC, you face double the usual amount of fines and a minimum of
ten days in jail - even for a first offense.
Steps you should take if you've been charged
with DUI in Colorado.
Most people arrested for drunk driving are
pretty shaken up for a few days after their arrest. Because of ever decreasing
"legal limits" for breath and blood alcohol concentrations, behavior which most people would consider innocent - a couple
of glasses of wine with dinner or a few beers during a concert - can result in
hefty
fines, lengthy probation and jail. What can you do to protect yourself
against drunk driving charges? Listed below are a few simple steps you should
take as soon as you are released by the police or detox center:
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Gather and safeguard all relevant
paperwork.
Documents given to you at the time of your
release may contain information which will form the basis of a defense,
e.g., do the documents contain facts, errors or inconsistencies which can
be used to discredit the police officer's reason for stopping you? Was a
test taken within the two hour time limit mandated by law? You should also
preserve documents such as credit card receipts from the tavern or
restaurant where you consumed alcohol. These documents can be of
significance if the alcohol test results are inconsistent with the number
of drinks you consumed. Documents such as cell phone records, restaurant
receipts, etc., may help your case if the time of contact with police or
time of driving becomes an issue.
If you have been charged with a driving offense,
you should also obtain a current copy of your DMV driving record and bring it
with you. Your DMV record can be obtained from any DMV office for a mere
$2.20. Without it, we will be unable to give you reliable legal advice
about your driving-related case.
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Write down everything you remember about
the arrest.
Any experienced criminal defense lawyer
will tell you that as time passes you will forget important details about
your case. While certain facts may seem insignificant to you, these same
facts in the hands of an experienced defense attorney could mean the
difference between conviction and acquittal. Talk to friends or family to
ask them what they remember. The police are trained to take notes about
things that might incriminate you. Many police personnel will purposely
exclude facts from their reports that might exonerate you - so it's up to
you to bring to your attorney's attention all facts which might help you.
Take a few minutes to write down everything you remember about what
happened before you were contacted by the police. Your notes should
include a detailed account of everything you said and that the police said
up to the time you were released. Include a list of what you had to eat
and drink and when you ate or drank it. These notes could be helpful in
formulating a defense or to refresh you memory months later during a trial
or other hearing.
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Request a hearing from the Colorado Dept.
of Revenue.
If you took a breath test and an
Affidavit and Notice of Revocation was issued to you, you should
request a hearing, in writing, before the Department of Revenue within
seven days. Failure to do so will result not only in loss of your driver's
license but also loss of your right to a hearing during which you might
save your license. If you chose a blood test, the hearing
request must be made later, within a time period that will be specified in
correspondence from the DMV.
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Request both the initial Stopping
Officer/Investigating Officer and the Arresting Officer's presence at the
DMV hearing.
The attendance of these officers is
critical to a fair determination of your case at the civil, administrative
DMV Hearing. Only with this officer (these officers) present can you
avail yourself of your Constitutionally guaranteed right to confront and
cross examine witness against you. Thus, if DMV subpoenas the
officer(s) but the officer(s) does not show for the hearing, you may be
able to get your potential license suspension dismissed against you at the
DMV hearing.
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Contact an experienced DUI defense
attorney.
Most criminal defense lawyers advertise
drunk driving defense. However, few lawyers practice mainly in this area.
Attorney Timothy Kelly does.
Drunk driving defense is unique in that it requires not only an
understanding of criminal law, but also a thorough understanding of the
technical aspects of alcohol metabolism and alcohol testing. For
this reason, you should consult with a lawyer specializing in drunk
driving defense work. Most DUI attorneys offer free consultations.
Accordingly, there is no reason not to run your case by someone who
undoubtedly knows more about the subject than you do.
303.820.0840
5 DUI Myths |
