DUI Frequently Asked Questions
I have been charged with Driving
Under The Influence, when should I get an attorney?
When charged with driving under the influence or driving while ability
impaired it is important to consult with counsel as soon as possible as
there are important decisions to make regarding your license. There are
often two problems with alcohol driving offenses, problems with your license
and problems with the Colorado law. An attorney can guide you through
these issues.
What is DUI and DWAI?
DUI is shorthand for Driving Under the Influence. A person is guilty
of DUI if he or she drives or is in actual physical control of a motor
vehicle and is substantially under the influence of alcoholic beverages
or any chemical or controlled substance to the extent that his or her
mental faculties are impaired or when his or her blood alcohol level (BAC)
is above the legal limit of .08 for driving under the influence and .05
for driving while ability impaired which means impairment to even the
slightest degree.
Can I still be in trouble for driving, even if my BAC is below the legal
limit?
Yes. It is also unlawful to drive with your normal faculties
impaired. Normal faculties are those faculties of a person,
such as the ability to walk, talk, judge distances, drive
an automobile, make judgments, act in emergencies, etc.
Does the car have
to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over
the legal BAC in your state or while impaired. But, you
need not actually operate the car in order to be arrested.
You can still be found guilty if you had the capability
and power to dominate, direct, or regulate the vehicle,
regardless of whether you were exercising that capability
or power at the time of the arrest. In other words, simply
sitting behind the wheel with the keys in the ignition
can lead to your arrest for DUI by being in actual physical
control of the car.
Do I have to submit
to a breath, blood, or urine test?
No. However, refusing such tests is generally subjects
you to a mandatory one year revocation of your license
without any possible probationary license. In addition,
your refusal to submit to a test upon the request of a
law enforcement officer is admissible in any criminal
proceeding against you as evidence of you consciousness
of guilt.
By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test.
Can I fight my DUI
arrest?
Yes. You may request a review of the drivers license suspension
by the department of motor vehicles within seven days
following your arrest. If challenging the alcohol content,
the hearing officer will look to see if the officer had
reason to stop you and whether there is a blood or breath
test result greater than .10. If challenging a refusal
action the hearing officer will look to see if the officer
had reason to stop you, reason to ask you to take a test
and whether you refused to submit to a test of your blood
or breath.
If I am arrested
for a DUI, will I lose my license?
Yes, the law enforcement officer will seize your license
if you are arrested for DUI with an unlawful BAC of .08
or greater or after you refused to submit to a blood or
breath test. Your license will be seized, and the officer
will issue you a traffic ticket and a notice or revocation is nine months for a first time offender and a year for subsequent offenses. When an officer takes your license, you must request a hearing within 7 days to challenge whether the officer had a right to take your license for refusing the blood or breath test or having too high of a test. You will be given a temporary license valid until the day of your motor vehicle hearing. If you lose the motor vehicle hearing and it is your first offense of driving with a blood or breath alcohol level of .08 or above, you are eligible for a probationary license with an interlock device after serving 30 days of the revocation. If you lose the hearing for a refusing the blood or breath test, you face a one year revocation without any type of probationary license.
How long will I
lose my license?
If you have refused to submit to a chemical or physical
test, your license will likely be revoked for a period
of one year. If you take a blood or breath test that
is greater than a .08, if the hearing officer finds that
the officer had probable cause to pull you over and it
is a valid test, the revocation is nine months for a first time offense and a year for a subsequent offenses. For the first offense, you are eligible for a probationary license with an interlock device after serving 30 days of the nine month revocation.
What else will happen
to me?
In most cases where a plea is entered to an alcohol offense,
there is an alcohol evaluation and treatment ordered by
the Judge. There is mandatory community service and court
costs of at least $450.00. The possible maximum penalties
include a year in jail and $1500 fine. The usual first
time offender is given the chance at probation with classes
and community service. Repeat offenders face mandatory
jail along with classes and probation. Multiple repeat
offenders face maximum jail from most Judges.
Richard B. Huttner is an experienced, Denver Criminal Lawyer who handles misdemeanors and felony cases in Adams, Arapahoe Boulder, Broomfield, Denver Douglas and Jefferson Counties. He offers a free consultation and payment plans.
