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Colorado DUI / DWI Questions & Answers
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.

1 Answer | Asked in DUI / DWI for Colorado on
Q: I got a ticket for an MIP and DUI 2 weeks before I turned 18, will I still be charged as minor?

My court date is set a month after my 18th birthday. All I had was a couple gs of marijuana and paraphernalia. Also what kind of charges could I get since this is my first offence?

Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Sep 17, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: How many DUIs can I have before I get my license taken away?
John Kenneth Joyner
John Kenneth Joyner answered on Aug 31, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: What happens to your bench warrant when the judge who issued it retires?
John Kenneth Joyner
John Kenneth Joyner answered on Aug 31, 2018

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.

2 Answers | Asked in DUI / DWI for Colorado on
Q: Is there a statute of limitations on DUI Charges?

I have a DUI from 2003, can that still be used against me?

Dale A. Hayes Jr.
Dale A. Hayes Jr. answered on Apr 27, 2018

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).

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1 Answer | Asked in DUI / DWI for Colorado on
Q: Is a DUI a felony in Colorado?
Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 25, 2017

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.

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: What should happen if the DA did not show up to trial and the judge decided to waive right if speedy trial

Trial was continued 4 times first blood test people didn't show second cop didn't show third blood people didn't show and fourth DA DIDN'T show and my lawyer was late and the judge told me in his own words he is waiving my right to speedy trial not sure how but he will find away. Told my lawyer I... Read more »

William Head
William Head answered on Aug 10, 2017

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...
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1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: What should happen if the DA did not show up to trial and the judge decided to waive right if speedy trial

Trial was continued 4 times first blood test people didn't show second cop didn't show third blood people didn't show and fourth DA DIDN'T show and my lawyer was late and the judge told me in his own words he is waiving my right to speedy trial not sure how but he will find away. Told my lawyer I... Read more »

William Head
William Head answered on Aug 10, 2017

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.

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 the... 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...
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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 »

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