Lawyers, Answer Questions  & Get Points Log In
Colorado DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Colorado on
Q: How hard is it to beat a Colorado DUI charge?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 8, 2017

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).

1 Answer | Asked in Car Accidents, DUI / DWI and Traffic Tickets for Colorado on
Q: I sold a vehicle that was totaled before the new buyer registered it. Am I still liable for impound fees and damages?

Sold a jeep to my ex. Her boyfriend rolled it a few times with no plates and no insurance. He had no permission to drive the jeep. Since I'm still technically the owner, am I liable for the impound fees and any damages he caused?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 15, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: If I am convicted of a DUI, is there any way I can still keep my license?
Robert Gerald Werking
Robert Gerald Werking answered on Jun 7, 2017

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...
Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: Are DUIs ever the purview of a civil court or are they always criminal?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 15, 2017

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... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Domestic Violence for Colorado on
Q: I have a question about my legal name on my birth certificate not matching what's in the state database

I have a couple of criminal convictions. I'm seeing my name in the state data base doesn't match my birth certificate. Just curious as to if I can get them expunged from my record on a technicality

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 30, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
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?

We live in Colorado.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 19, 2017

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... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, DUI / DWI and Health Care Law for Colorado on
Q: Does it matter if the police arrested you before/after the ordering of the urine & blood tests or having the results?

I was unlawfully detained by fire/ems & threatened to go by amb to the hosp. or they'd call the cops. I was threatened with jail if I didn't sign the ER consent. I was told the same if I didn't step on the scale & do the sobriety tests (in the ER). I finally was allowed to... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 16, 2017

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.

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado on
Q: CO (now in WI) for not reporting to jail to start my 4 month work release sentence? (Say after a random traffic stop)?

Will I be extradited back to Colorado (now in Wisconsin) for not reporting to jail to start my 4 month work release sentence? (Say after a random traffic stop/etc. here in WI)

The sentence was for being terminated (revocated) on probation for failing to follow terms for 1 year of probation... Read more »

Brian K. McHugh
Brian K. McHugh answered on Apr 13, 2017

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... Read more »

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: Would I be taken in on this warrant (say, during a random traffic stop or something of that nature) in WI? Extraditable?

Hi,

I'm out on a $1,500 PR bond for a probation revocation case that stemmed from a DWAI that I was convicted of a couple years ago.

Basically, I was sentenced to a year of probation and ordered to complete DUI classes and community service, as well incurred fines. I was able... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 8, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
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.

My public defenders says it cant be done but I don't see why I can't just add myself to the docket and ask the judge to go on house arrest early. If I wait it will interfere with a new job opportunity.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 3, 2017

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).

1 Answer | Asked in DUI / DWI for Colorado on
Q: I took a DWAI (Differed) lost my license for one year because I refused the breath and blood. So my question is?

I took a DWAI (Differed) lost my license for one year because I refused the breath and blood. I have never had a Colorado license or been a official resident, technically I'm still a valid Florida resident and valid currently still in every state besides Colorado. So from what I understood by... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 29, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

1 Answer | Asked in DUI / DWI for Colorado on
Q: What is the process by which I can get a DWI conviction removed from my record?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Mar 23, 2017

I am sorry to say there is no method to remove a DUI conviction from your Colorado criminal - traffic history. Colorado law provides that traffic convictions cannot be sealed.. Here is link to the kinds of cases you are allowed to seal - https://www.courts.state.co.us/Self_Help/sealingrecords/

1 Answer | Asked in DUI / DWI for Colorado on
Q: I have a ticket for DUI. I showed up to court date, but officer didn't file the ticket. What are my options?

I was pulled over for a broke tail light. The officer did the road side and I tested at the station for a relatively low BAC. I showed up to my court date scheduled on the ticket and the officer hadn't filled it. Is there a certain period of time in which it is dismissed? The clerk said... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 22, 2017

This is something that you may need to contact a criminal defense lawyer because this is a technical legal issue. There may be case law on this matter and facts of your situation which may change the general rules listed below (which is beyond the scope of Justia's Q&A--hence the potential... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: My dui was four years ago and I am now reinstating my license. Do I still need sr22?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 1, 2017

First review your court order. The order should list how long the SR22 is required. In Colorado you are only required to have a SR22 for the GREATER period that your license is restricted OR 3 years. Note, for some DUIs that did not result in an accident or property damage there is no SR22... Read more »

2 Answers | Asked in DUI / DWI for Colorado on
Q: In Colorado can I request the Court only apply my adult record when sentencing. Could determine either 3rd or 2nd DUI

I understand Colorado has no "lookback" period. But when sentencing and considering lifetime offenses lifetime should be considered Lifetime on adult record correct?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 19, 2017

Juvenile convictions (like most adult convictions) cannot generally be used in the case-in-chief to prove your guilt or innocence, but are usually considered for sentencing.

View More Answers

1 Answer | Asked in DUI / DWI for Colorado on
Q: My boyfriend missed his very last call in to his PO due to sickness and they gave him another year etc what can be done?

He completed 2 years of his dui probation with clean ua's and no issues. He completed everything asked of him. His last day is 2-14-17 but he was suppose to call his PO on sunday 2-12-17 but he has been very sick and mixed up the dates so he missed his call in. They now have added a full... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 13, 2017

You can contact a criminal law attorney about appealing the determination. Be aware appeals have a very low success rate (however your situation may be an exception).

1 Answer | Asked in DUI / DWI for Colorado on
Q: I don't think I should have been pulled over to begin with before my DUI - I did not run the stop sign.

Is that a defense?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 3, 2017

Yes, you can challenge the contextual stop and argue that probable cause or reasonable suspicion did not exist to legally justify the stop. However, this means that you (or your attorney) will need to directly impeach the officer that stopped you. You can make the claim, but hinging your case on... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: My son was not in his car when he was arrested for public intoxication and resisting arrest

but he had just wrecked it - what do we report to the insurance agency? - what do we report to the insurance agency?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 13, 2017

Justia is publically available and not subject to any attorney-client privilege. I recommend that you tell the truth.

1 Answer | Asked in DUI / DWI for Colorado on
Q: Just got charged with my second dui but my first was over 30 years ago. Is there any statute

of limitations on the first conviction?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Nov 30, 2016

I am not sure what you are asking. Statute of limitations relates to the maximum time limit of formal charging of a crime. The first DUI has no relation to the second DUI beyond the fact that you have had two DUI charges. Contact an attorney who specializes in DUIs.

1 Answer | Asked in DUI / DWI for Colorado on
Q: Do you automatically lose your license for a DUI?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Nov 8, 2016

If this is a DUI and not DWAI and your are over 21, your license will be suspended a minimum for 9 months (assuming 1st offense)--jail time is a possibility, but a fine is all but guaranteed. After that you must reply for a license (reinstatement). If this is not a 1st offense the likelihood of an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.