Grand Junction, CO asked in Appeals / Appellate Law and Criminal Law for Colorado

Q: Should I appeal my dmv hearing extension on my ignition interlock device

I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate. so my question is is I weigh around 180 I am a female. Wouldn't it take like 2 hours to metabolize that amount of alcohol instead of 11 minutes? Also the 2 other events was not even me driving!

2 Lawyer Answers
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: First, I am not a Colorado lawyer. That being said, if you claim that your blood alcohol concentration (bac) is being incorrectly monitored, yes I would appeal that.

Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: I have done several DMV hearings on DUI/license issues. It is hard to tell whether you have an appeal-able defense. Perhaps this would have been a good defense before a decision was rendered, but appeals are complicated and are often a complicated procedural monster. You will need to consult with a lawyer to know if you have an appeal based on what you've written here and the prior history of the case.

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