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Colorado DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Colorado on
Q: Do I need to tell my employer that I have a DUI?

My contract says that I need to report felony’s and misdemeanors (not including misdemeanors traffic offenses)

Joseph Carter Maher
Joseph Carter Maher answered on Sep 18, 2021

A DUI is considered an “unclassified misdemeanor” in Colorado. DUI offenses in Colorado are not traffic misdemeanor one or two offenses. You should hire an attorney to review your contract closely, and provide a thorough answer. Let’s go

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1 Answer | Asked in DUI / DWI for Colorado on
Q: Can I get my liscense revocation modified ; i wasn't under influence, refused a blood test but not the b.a.

I also did all types of roadside tests . Cops kept saying they smelled alcohol . I was 100% not under influence . The Dwai charge was dismissed . But the revocation of license still says alcohol related .

Sean Maye
Sean Maye answered on Mar 12, 2021

Anyone whose license is revoked as a result of a DUI investigation may petition to contest their revocation. However, in order to do so, you typically have to request a hearing in writing within 7 days of the revocation (i.e., within a week of your arrest) - unless you can otherwise show good... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: I am on probation here in Fort Collins, Colorado for a 1st time DUI. Can I ???

I purchased a Lower Receiver for an AR - 15 the other evening online for a future project.

Then a friend of mine reminded me that it is Illegal to have a firearm while on Probation here in Colorado.

So my question is: ( since it is not actually a working Firearm)

Can i... Read more »

Sean Maye
Sean Maye answered on Mar 8, 2021

This is an interesting question.

(1) It is not necessarily illegal to possess a weapon when on probation, especially when the probation is for a nonviolent misdemeanor. However, if there were any specific agreements for your specific probation that prohibit firearm possession, then that is...
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1 Answer | Asked in DUI / DWI, Real Estate Law, Car Accidents and Wrongful Death for Colorado on
Q: My wages are being garnished due to a criminal/civil lawsuit. If I buy a house, could it be taken from me?

I was convicted of vehicle homicide/DUI in 2008. My friend died and his family sued me for $20 million. My wages are garnished at 25% after taxes.

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2021

You need to talk to a competent attorney about asset protection and exemption rights in whatever State you are going to live in. The exact Deed Grantee will be critical, and you need that lawyer to tell you what to do. Sometimes trusts are useful, but probably not here. The lawyer's... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for Colorado on
Q: Do I need a lawyer for first time DUI and Leaving the scene of accident?

I tied to qualify for public defender however, my pay would not allow it. I had my first appearance on the 29th. All the judge did was ask if I had an attorney, and since I did not he rescheduled my date to March. Why did it get rescheduled? Is he implying that I should get a lawyer?

Sean Maye
Sean Maye answered on Jan 4, 2021

You absolutely need a lawyer. DUIs, let alone those involving injury/accident, are very complicated. Call an attorney like myself for a free consultation at least.

As for your court dates, yes the Court is implying you need lawyer. Typically, if you don't have a lawyer when in Court...
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1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: What can happen if you give out a prescribed benzo for no payment? 4.5 mg

My neighbor convinced me to let him have 4.5 mg of my prescribed Xanax, claiming he had seizures and lost his prescription bottle with his Klonopin that he needed for seizures. He recieved 2 DUIs that day and had the medication I gave him, but said he refused to tell the police where he got it.... Read more »

Sean Maye
Sean Maye answered on Dec 8, 2020

I think it be extremely difficult to hold you criminally liable for giving him the pill, given that you had no intent to commit any law violation and were merely assisting a friend with pain management based on their personal representations to you. That said, you certainly could be civilly liable... Read more »

2 Answers | Asked in DUI / DWI for Colorado on
Q: Can I get a Colorado ID if I have a bench warrant? Will the DMV check for warrants?

I believe the warrant is for not completing probation for a DUI.

Sean Maye
Sean Maye answered on Nov 17, 2020

This is an interesting question. If you have an active warrant for your arrest, it is very likely that the DMV, which has access to various government records, will see your warrant and contact the police to arrest you - especially if your criminal bench warrant is related to a traffic offense... Read more »

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1 Answer | Asked in DUI / DWI for Colorado on
Q: Can you be charged with a dui for walking intoxicated
Courtney Edwards
Courtney Edwards answered on May 6, 2020

DUI stands for Driving Under the Influence. A crucial element of the offense is that you were "driving" a motor vehicle at the time of the offense. Driving can be found even if the vehicle wasn't moving at the the time the police officer makes contact with you. For example, if you... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: Will I serve ALL 58 days in county jail? Going in to serve my remaining days on a closed case. Asked to turn myself in.

Will I serve all 58 days? If so, how many is likely??

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado on
Q: Chumped up charges and abuse of jurisdiction?

Can evidence be suppressed when cops find lrg capcty mag in a closed box doing invntry 2 tow?Following an at fault accident I wanted to go over to check the people in the car I hit, I was getting out of my truck but this guy is blocking my door "stay put budy, stay put". He wouldn't... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They need a valid arrest to search the car. Once they arrest you, they can inventory the car to make sure they document everything in there to keep it safe. This is going to be a very fact intensive suppression issue.

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: can I reverse my plea of guilty

after sentencing (public defender) lack of representation

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Nov 26, 2019

It is possible to withdraw your plea but it is difficult and requires the filing of a motion and a hearing.

There are different legal standards if the motion precedes or follows sentencing.

They are complex standards and do not lend well to this kind of question answer format....
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1 Answer | Asked in DUI / DWI for Colorado on
Q: Can I be pulled over for having a quarter sized hole in my tail light?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 12, 2019

In my opinion yes. The traffic offense is called “defective vehicle” and it can be the basis for a traffic stop as a rear light cannot be broken.

1 Answer | Asked in DUI / DWI for Colorado on
Q: If I was convicted owi in iowa and I’m being charged with dui Colorado. Is this a 2nd offense Dui.

Owi is operating while intoxicated. Dui is driving while intoxicated. Also if I got sentenced to a Dwai meaning driving while ability impaired is that the same thing

John Kenneth Joyner
John Kenneth Joyner answered on Jun 6, 2019

Based on what you wlhave written here, you are likely facing a 2nd DUI or DWAI in Colorado. You should contact a private attorney or public defender to help you.

1 Answer | Asked in DUI / DWI for Colorado on
Q: Arrested for DUI. Jail called ambulance

Grandson arrested. Refused all tests. Police noted that he refused breath and blood test. He was taken to jail and the jail called the ambulance to take to hospital for test he had already refused. He refused again at hospital and cop drove him back to jail. Got bill for ambulance ride. Did not pay... Read more »

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Apr 27, 2019

In a word. - yes. If your son required medical attention (that would be the issue) he could be liable for the bill. It would depend on the facts of the case. H

1 Answer | Asked in DUI / DWI for Colorado on
Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06

22 yr old male. 6'2''. First offense. Breath tested three times at which BAC did not climb over 0.06

Courtney Edwards
Courtney Edwards answered on Apr 8, 2019

If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.

However, you should...
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2 Answers | Asked in DUI / DWI for Colorado on
Q: Am I assigned a public defender when arrested?

I was pulled over saturday night, the officer gave me a duid ticket. I did have my blood drawn at the hospital. I recently had 5 teeth pulled wednesday so i did let the officer know that i am prescribed medication for the pain. I had not taken these medication all day saturday. The officer i feel... Read more »

Kristofher Beralo
Kristofher Beralo answered on Apr 8, 2019

On your first appearance, the court will ask you whether or not you want to hire an attorney. If you cannot afford an attorney, the court will ask you to fill out a form so that a public defender could represent you.

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1 Answer | Asked in DUI / DWI for Colorado on
Q: Can CO. Change the verdict of a judge to make a 1st. DUI into a 2nd. & then use a 25yr. old DUI out of CA. to make a 3rd

Thus charging me with a 4th for a present DUI in CO. & a felony? If this isn't legal do I have recourse to this injustice, after taking a plea bargain?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Apr 6, 2019

If the person convicted has ANY DUI convictions over their lifetime in any state - the judge is required under Colorado law to sentence that person under enhanced sentencing guidelines.

It is not a matter of choice for the judge - it is mandatory.

1 Answer | Asked in DUI / DWI for Colorado on
Q: I have a friend who is facing his 4th DUI offense. Any pro bono lawyer's in the Denver area that specialize in DUI aid?
John Kenneth Joyner
John Kenneth Joyner answered on Jan 28, 2019

Tell your friend they need to speak with the public defender's office immediately. If they cannot help, they can at least point him in the right direction for lower-priced attorneys.

2 Answers | Asked in DUI / DWI for Colorado on
Q: How do they measure for intoxication of weed?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 26, 2018

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/

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1 Answer | Asked in DUI / DWI for Colorado on
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

There are no priors. I had the book thrown at me 85 hours community service Interlock system 2 years, 24 hours at education glasses, 52 hours therapy classes, MADD panel, random uas etc etc all because I refused the chemical test at the time of arrest. It seems like a violation of my personal... Read more »

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 26, 2018

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.

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