FREQUENTLY ASKED QUESTIONS ABOUT DUIS
Jan. 10, 2022
According to the Colorado Department of Transportation, 4,805 drivers were cited by state patrol for driving while under the influence in 2020. Under Colorado law, it is illegal for a person to operate a motor vehicle while under the influence of drugs or alcohol. Unfortunately, due to the popular notions and false assumptions surrounding Colorado DUI cases, an uninformed defendant could easily end up in the worst-possible situation without detailed guidance. A highly skilled Colorado DUI defense attorney can answer some of your frequently asked questions about DUIs in The Centennial State.
At Hebets & McCallin, we have the skill, expertise, and resources to guide clients in their DUI cases. As your legal counsel, we can thoroughly investigate all of the facts of your situation and create a strong defense to pursue the best available outcome for your case. Our dedicated team will fight aggressively to protect your rights and driving privileges, and help you seek to keep your record as clean as possible. We're proud to represent clients across Denver, Douglas County, Arapahoe County, Jefferson County, and Adams County, Colorado.
FAQs About DUIs
Can I refuse the breath and/or blood test when pulled over on suspicion of DUI?
Colorado’s express consent law deems that all motorists agree to submit to a breath or blood test in the event of a DUI arrest — or when pulled over on suspicion of DUI. A driver who refuses to submit to a chemical test will face automatic license revocation for up to one year along with other potential penalties.
If I've been charged with a DUI, will I go to jail?
Facing a DUI charge can be a scary and overwhelming experience, but you will only go to jail if you're convicted of your drunk driving charges. This is why you need to retain an aggressive criminal defense attorney to determine your best defense and attempt to keep your record as clean as possible.
Will I lose my license? How will I get to work?
After a DUI arrest, the Colorado DMV will suspend your driver's license. A temporary permit will be issued to you, valid for seven days. However, you can apply for a hardship driver's license — a work license or restricted license — to help you get to and from work.
What should I expect during the hearing?
The only way to fight your license suspension in Colorado is to request a DMV hearing within seven days of your arrest. This is a separate proceeding from the criminal case that determines whether your license should be suspended. During the hearing, your legal representatives can present evidence, call witnesses for testimonies, and cross-examine the arresting officer.
Is it worth it to fight a DUI?
A DUI charge in Colorado often attracts severe punishment. For a first DUI conviction, a defendant could face from five days up to one year in county jail, a maximum fine of $1,000, license revocation for up to nine months, and other life-altering consequences. The devastating nature of the penalties of a DUI conviction in Colorado makes it definitely worth it to fight your DUI charges.
Are there any ways to reduce my sentence?
Under Colorado law, a defendant is allowed to file for a sentence reconsideration, modification, and reduction in order to lessen their sentence following their trial. The defendant will have up to 126 days after the sentence was issued to file the motion.
How long does a DUI conviction stay on my driving record?
In Colorado, if you are convicted of a drunk driving offense, the conviction will stay on your driving record for ten years. You will also have 12 demerit points assessed against you. The points will stay on your driving record for only two years.
Is hiring an attorney necessary?
Hiring a knowledgeable attorney when facing DUI allegations is paramount to defend your rights and ensure that you do not suffer the maximum penalties. Your attorney can evaluate and investigate every last detail of your case and outline an effective defense strategy to improve your prospects of obtaining the best available outcome. Having a skilled attorney can make a substantial difference in your impaired driving case.
Our Team at Hebets & McCallin is Here to Help
Trying to defend your drunk driving accusations without proper guidance or experienced representation can expose you to the risks of receiving the maximum punishment. If convicted, you could be facing severe consequences, such as a lengthy prison sentence, hefty fines, license suspension or revocation, and other life-altering ramifications. A knowledgeable criminal defense attorney can educate you about what to expect and help fight your DUI charges.
At Hebets & McCallin, our attorneys are committed to handling criminal cases and defending individuals accused of impaired driving. We can fight on your side to protect your best interests, defend your driving privileges, and dispute the allegations against you. Using their in-depth legal understanding, our attorneys will help you navigate the Colorado criminal justice system and represent you in every stage of the legal proceedings.
Contact us at Hebets & McCallin today to schedule a simple case evaluation with a skilled DUI defense attorney. Our trusted team can offer you the comprehensive legal counsel and reliable representation you need to fight your drunk driving charges. We're proud to represent clients across Denver, Douglas County, Arapahoe County, Jefferson County, and Adams County, Colorado.