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. You are eligible for a probationary license with an interlock device after serving 30 days of the revocation.
How long will I
lose my license?
If you have refused to submit to a chemical or physical
test, your license will likely be suspended for a period
of one year. If you take a blood or breath test that
is greater than a .10, if the hearing officer finds that
the officer had probable cause to pull you over and it
is a valid test, the revocation is three months for a
first time and a year for subsequent offenses.
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.
