CRIMINAL DEFENSE FAQ
Have Questions About Your Criminal Case?
Do I have to be operating to receive a DUI?
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.
Do I legally have to submit to a breath, blood, or urine test?
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.
If I have been charged with a DUI, how soon should I get an attorney?
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.
If I was driving under the influence of drugs, but not alcohol, can I still be charged with a DUI?
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.
If my BAC is below the legal limit, can I still be arrested?
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.
Is it possible to fight a DUI?
Yes. In fact, because it is illegal to offer a plea bargain in DUI cases, you have nothing to lose by pleading innocent.
What happens if I burp or vomit before a Breathalyzer test?
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.
What other punishments could I face?
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
What will happen to my car insurance?
You will still be able to receive car insurance but you may need to provide a form SR22 to maintain your insurance.
What’s the difference between DUI and DWAI?
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.
Will I go to jail?
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.
Will I lose my license?
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.