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  DUI Defense Law Questions


  • Do I have to be operating to receive a DUI?
  • Do I legally have to submit to a breath, blood, or urine test?
  • If I have been charged with a DUI, how soon should I get an attorney?
  • If I was driving under the influence of drugs, but not alcohol, can I still be charged with a DUI?
  • If my BAC is below the legal limit, can I still be arrested?
  • Is it possible to fight a DUI?
  • What happens if I burp or vomit before a Breathalyzer test?
  • What other punishments could I face?
  • What will happen to my car insurance?
  • What’s the difference between DUI and DWAI?
  • Will I go to jail?
  • Will I lose my license?

No. If you are behind the wheel of a car with the keys in the ignition, you could be charged with a DUI even if you were not driving at the time. The law simply states you must have the capacity to dominate or direct a vehicle.

The law states that you are required to submit to these tests and failure to do so can result in a one year suspension of your driver’s license.

As soon as possible. After you get a DUI, you will only have a short amount of time to file for a DMV hearing to protect your driver’s license. Your DUI lawyer Denver will help you prepare for this hearing and represent you during the process.

Yes. DUIs are not limited to alcohol use only. The major difference between drug-related DUIs and alcohol DUIs is the testing that must be used as evidence. Breathalyzers cannot test for drug use and urine tests can be highly inaccurate when it comes to calculating when a person was under the influence of a drug. In many cases, your Denver DUI attorney may be able to show there is insufficient evidence to convict you for driving under the influence of drugs.

Yes. Colorado state law allows for the arrest of anyone believed to be intoxicated by alcohol. If you did not have a high enough limit to be guilty of a DUI, you may instead be charged with the lesser crime of a DWAI.

Yes. In fact, because it is illegal to offer a plea bargain in DUI cases, you have nothing to lose by pleading innocent.

If you did either of these things within twenty minutes of performing a Breathalyzer test, your results might be inadmissible in court because they may be artificially high. Police officers are supposed to look for these activities and not test anyone who has regurgitated in any manner within twenty minutes.

First-time offenses carry a number of penalties, including:
  • $1,000 in fines
  • Up to 96 hours of community service
  • A mandatory alcohol education course
  • 86 hours of alcohol therapy
  • 1-2 years of probation
  • 1 full year of driver’s license suspension
  • And more…

You will still be able to receive car insurance but you may need to provide a form SR22 to maintain your insurance.

When you have been arrested for driving under the influence, it is critical you get the drunk driving defense you deserve. Call Hebets and McCallin today to speak to a skilled Denver DUI defense representative.

DUI stands for Driving Under the Influence. DWAI in an abbreviation of Driving While Ability Impaired. Both refer to the use of drugs or alcohol, but when you are charged with a DUI, you will be accused of having a BAC above 0.08% and this requirement does not apply to a DWAI. A DWAI is a lesser crime than a DUI, but both carry strict penalties.

Most first time offenders will not go to jail, but most repeat offenders will. These are just generalities. If you want to ensure that you are not put behind bars, it is critical you contact a skilled Denver DUI lawyer as soon as possible.

Yes, but you might be able to get it back if you win your license hearing with the help of your Denver DUI attorney. If you lose at the hearing, you could lose your driving privileges for up to one year.


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DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact Hebets & McCallin, and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.