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... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

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).

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.

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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/

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... View More

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... View More

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.

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).

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... View More

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

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.

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... View More

I cannot speak for CA law in 1979. Try Justia's California section, because that section will have lawyers licensed in CA not CO. If you want to be sure, do a criminal background check on yourself. There are numerous places on the internet that can do a check.

You will need to contact an attorney that is familiar with DUIs for specific guidance. As a general statement, I do not see how problems with your large intestine that create pain and may require bed rest would excuse probation, unless the condition is so severe and of frequent or very long... View More