Colorado DUI / DWI Questions & Answers

Q: How do they measure for intoxication of weed?

2 Answers | Asked in DUI / DWI for Colorado on
Answered on Oct 26, 2018
Mr. H. Michael Steinberg's answer
The police use a blood test - under Colorado law - the result is in nanograms - 5 nanograms is the bottom number before you can be prosecuted for DUID Driving under the influence of drugs. Here is a link that will help . https://www.denverpost.com/2017/08/25/marijuana-impairment-testing/

Q: I was charged with a DUI that included a minor accident no injuries involved in March 2018. It was a first offense and t

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Oct 26, 2018
Mr. H. Michael Steinberg's answer
Unfortunately it is not only legal it is very commonly the case. You cannot drink alcohol anywhere. When you accept probation - you accept the conditions of probation. In a DUI case it is within the Judge's discretion to order everything in your post. I wish it were different. Good Luck.

Q: I got a ticket for an MIP and DUI 2 weeks before I turned 18, will I still be charged as minor?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Sep 17, 2018
Mr. H. Michael Steinberg's answer
The DUI and the MIP will be prosecuted in misemdeanor court not juvenile court. Depending on the amount of alcohol alleged to have been in your system the case may be prosecuted under the lower standard for juveniles known familiarly as a “baby DUI” - but that is the exception. Most likely you will be treated like any other driver in Colorado.

Q: How many DUIs can I have before I get my license taken away?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Aug 31, 2018
John Kenneth Joyner's answer
If the DMV makes an administrative finding that you were driving under the influence, you will lose your license immediately. This typically happens when you take a chemical test or refuse testing. Revocation for breath tests above .08 and refusals happens immediately, at which point you are issued an advisement telling you your license was revoked and that you have 7 days from the revocation to request a DMV hearing.

If you take a blood test, the DMV will get the results of the...

Q: What happens to your bench warrant when the judge who issued it retires?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Aug 31, 2018
John Kenneth Joyner's answer
Nothing. You will still have a warrant for your arrest regardless of who issued it. If you want to get rid your warrant, you should hire an attorney to file a motion to quash for you. If not, you can always turn yourself in, bond out, and get a new court date.

Q: Is there a statute of limitations on DUI Charges?

2 Answers | Asked in DUI / DWI for Colorado on
Answered on Apr 27, 2018
Dale A. Hayes Jr.'s answer
Yes, for most misdemeanor charges the statute of limitation is one year. However, if your charge is a potential felony DUI, the State would have three years to file (in Nevada).

Q: Is a DUI a felony in Colorado?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Oct 25, 2017
Kristina M. Bergsten's answer
Typically, a first time DUI is a misdemeanor. However, it can be bumped up to a felony if there are injuries involved, or this is a 4th or subsequent DUI/DWAI.

Q: What should happen if the DA did not show up to trial and the judge decided to waive right if speedy trial

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Answered on Aug 10, 2017
William Head's answer
You need a new lawyer, but this one will be looking at your case to see if your previous lawyer was ineffective, in not securing the dismissal for lack of a speedy trial.

Look at Super Lawyers and try to find an attorney who is an expert in attorney malpractice. It may be that the Judge's actions were wrong, but if the first attorney did not address that, then you don't need to be quessing at your legal rights, from this point forward.

Q: What should happen if the DA did not show up to trial and the judge decided to waive right if speedy trial

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Answered on Aug 10, 2017
William Head's answer
First, get a different criminal lawyer. You need someone with experience, and who understands appeals.

Claim ineffective assistance of counsel, on the first attorney, and let the new lawyer try to get rid of this case.

Q: How hard is it to beat a Colorado DUI charge?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Aug 8, 2017
Tristan Kenyon Schultz's answer
It depends on the facts of the case. There are not magic tricks in law. Contact an attorney to review your case (expect to pay for more than a quick review of case).

Q: I sold a vehicle that was totaled before the new buyer registered it. Am I still liable for impound fees and damages?

1 Answer | Asked in Car Accidents, DUI / DWI and Traffic Tickets for Colorado on
Answered on Jun 15, 2017
Tristan Kenyon Schultz's answer
A lawyer will need to review all the specifics to make a determination. As a general rule, if the seller and buyer signed bill of sale AND the seller proceeded to remove the car from the seller's name (e.g. cancelling insurance, removing license plates, etc.) the liability should not pass to the seller. If only a partial severing occurred, the issue gets very messy. You should seriously consider contacting a lawyer to at least review your situation and provide guidance.

Q: If I am convicted of a DUI, is there any way I can still keep my license?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Jun 7, 2017
Robert Gerald Werking's answer
Greetings:

When facing a DUI, your license may be revoked based on either (1) the Express Consent Hearing or (2) Conviction of DUI. The express consent hearing is separately conducted through the DMV. The issue is whether there was probable cause to request a chemical test and whether that test was administered within 2 hours of the last known time of driving. Often times a person will win the Express Consent hearing only to then be convicted of DUI in the criminal case. If...

Q: Are DUIs ever the purview of a civil court or are they always criminal?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on May 15, 2017
Tristan Kenyon Schultz's answer
DUIs are criminal in all 50 states (each state has its own minimum BAC level to determine a DUI). DWAIs are criminal in Colorado, but some states do have a non-criminal traffic offenses for very low BAC levels (but these non-criminal states also tend to charge reckless driving in place of a DWAI-like offense).

Q: I have a question about my legal name on my birth certificate not matching what's in the state database

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Domestic Violence for Colorado on
Answered on Apr 30, 2017
Tristan Kenyon Schultz's answer
No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic offenses, they cannot be sealed in Colorado.

Q: Hello, My son who is 21 was pulled over and issued a ticket for dui. Hasnt went to court yet. Can he drive til then?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Apr 19, 2017
Tristan Kenyon Schultz's answer
If he took at BAC and failed there is a 9 months suspension. If he refuse the BAC the license is suspended for 1 year. He can request a provisional license (aka a "red license"). Be aware provisional licenses are not granted easily. Finally, when the DMV sends a notice of revocation your son can appeal the determination (again, appeals are infrequently won). For all the details and a review of the best course of action your son/you will need to contact (and likely hire) a DUI/criminal defense...

Q: Does it matter if the police arrested you before/after the ordering of the urine & blood tests or having the results?

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Health Care Law for Colorado on
Answered on Apr 16, 2017
Tristan Kenyon Schultz's answer
The time of the arrest may be an issue, but the timing of the arrest usually does not impact failed test results. When you get a lawyer (either a PD or hire a private criminal lawyer) you can discuss the potential inadmissibility of the urine/blood tests.

Q: CO (now in WI) for not reporting to jail to start my 4 month work release sentence? (Say after a random traffic stop)?

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado on
Answered on Apr 13, 2017
Brian K. McHugh's answer
If you are stopped it is very likely that the warrant will be found. The information about the warrant should note whether extradition from another state is sought. If so you will be held for extradition to Colorado. It is unusual, but not unheard, for a state to extradite a person for a misdemeanor, although on a DUI the chance are increased somewhat. For purposes of extradition the reason’s you failed to successfully complete all the terms and conditions of probation is irrelevant....

Q: Would I be taken in on this warrant (say, during a random traffic stop or something of that nature) in WI? Extraditable?

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Answered on Apr 8, 2017
Tristan Kenyon Schultz's answer
The charges that you are facing now are more severe because you fled; if you flee again the charges will continue to get exponentially worse. If you flee the state, a FTA (failure to appear) bench warrant will be issued. This will be reported on the national FBI list. Beyond the inability to find employment, get insurance, get a driver's license or participate in any official state or federal actions, the amount of time you spend in jail will also likely increase.

Extradition is based...

Q: Can I go on house arrest early? They want me to wait for my 'PSI' a month from now but I need to go on it ASAP.

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Apr 3, 2017
Tristan Kenyon Schultz's answer
This is between you and your attorney. If you want to explore other options you will need to contact a private criminal attorney (and likely pay for their advice and/or representation).

Q: I took a DWAI (Differed) lost my license for one year because I refused the breath and blood. So my question is?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Mar 29, 2017
Tristan Kenyon Schultz's answer
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