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Colorado DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Colorado on
Q: Dui traffic stop by cop from different city outside of their jurisdiction. Can they do that legally??

Pulled over by Wheat Ridge police in Lakewood for suspected DUI. Paperwork shows I was pulled over In wheatridge, when I was actually in Lakewood, a mile or two past wheatridge city limits.

T. Augustus Claus
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answered on Dec 12, 2023

In Colorado, a police officer from one city can pull you over in another city under specific circumstances. Generally, officers have jurisdiction only in their city, but exceptions include fresh pursuit, mutual aid agreements, and concurrent jurisdiction in certain areas. If you were pulled over in... View More

1 Answer | Asked in DUI / DWI, Civil Litigation and Civil Rights for Colorado on
Q: I was not driving, I told them that I had been sitting in my car waiting for my ride drinking 4 the past hour

Jefferson county, they took my blood alcohol level only after I had been sitting in my car drinking & not when I was actually driving

Richard B. Huttner
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Richard B. Huttner
answered on Dec 5, 2023

You have a good case to fight as you likely did not have the intent to put the car into motion. Juries will be instructed to decide whether you are driving by looking at many factors including where the vehicle was found, where in the vehicle the person was found, whether the keys were in the... View More

2 Answers | Asked in DUI / DWI for Colorado on
Q: Fourth felony DUI new law you can have your license back immediately with interlock?
Reid DeChant
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answered on Dec 3, 2023

First, the other answer to this question is incorrect so please do your own research before trusting random people on the internet. The minimum jail sentence is 90 days on a F4 DUI. I’m assuming the attorney is from another state.

Second, there are a lot of factors that come into play to...
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2 Answers | Asked in DUI / DWI for Colorado on
Q: Fourth felony DUI new law you can have your license back immediately with interlock?
T. Augustus Claus
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answered on Nov 14, 2023

If you have a fourth felony DUI, you will be required to serve a mandatory jail sentence of at least 18 months. You will also need an ignition interlock device installed in your vehicle for at least 3 years. An ignition interlock device is a device that prevents you from starting your car if you... View More

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1 Answer | Asked in DUI / DWI for Colorado on
Q: Whats the bac for this 0.202 ± 0.010 g/100 mL
T. Augustus Claus
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answered on Nov 7, 2023

A blood alcohol content (BAC) of 0.202 ± 0.010 g/100 mL is considered a high level of intoxication in Colorado. The legal limit for driving under the influence (DUI) in Colorado is 0.08% BAC. A BAC of 0.202 ± 0.010 g/100 mL is more than twice the legal limit, and you will likely be arrested and... View More

1 Answer | Asked in DUI / DWI for Colorado on
Q: Live in california but have a DUI charge in eagle county Would I be able to get a lawyer or paralegal to go to court ?

Went to court once and they dropped it to a DWAI and I did not complete payments or community service

I live in california but I need a new court date from the judge

Can I get a paralegal or lawyer to get a new date and go for me so I don't have to drive all the way out from california?

Chelsea Marie Hillman
Chelsea Marie Hillman
answered on Aug 2, 2023

If you have a DUI charge in Eagle County, Colorado, and you live in California, you will be able to hire a lawyer, but NOT a paralegal, to represent you in court. However, there are a few important considerations:

1. In any criminal matter, you have the right to see if you qualify for court...
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1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: If I've been convinced of class 5 felony eluding and a misdemeanor 3+ dui, is there a mandatory minimum in Colorado?
William Beck
William Beck
answered on Nov 9, 2022

There is no mandatory minimum for a class 5 felony eluding charge, but there is a mandatory minimum for a DUI with prior offenses. If you have two or more prior DUI convictions, you will do a minimum of 60 days in the county jail; though many jurisdictions within Colorado require significantly more... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Colorado on
Q: Can a minor be put in an adult probation office? Also can a parent be denied from being present for probation meeting

Asked why he was in an adult office and they couldn't give me an answer and also asked for mental evaluation and they said they don't work with minors but the PO offered to be his councelor??

T. Augustus Claus
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answered on Jul 24, 2023

In Colorado, young offenders usually have their own probation system separate from adults. In most cases, parents are allowed and encouraged to be present during probation meetings with their child.

1 Answer | Asked in DUI / DWI and Car Accidents for Colorado on
Q: I got rear-ended by a driver who had no insurance, injuries but no insurance. Can I get any help?

Was at a stop light and the car behind me was rear-ended causing them to hit me. The driver who caused the accident got a dui, had no insurance and the owner of the vehicle's insurance had some ammendment excluding her from liability because he wasn't supposed to drive the vehicle. A... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2023

A Colorado attorney could advise best, but your question remains open for three weeks. One option is to check with your insurance carrier to review the scope of your policy's underinsured/uninsured motorist coverage. Good luck

1 Answer | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Colorado on
Q: Do I need a criminal defense lawyer to fight an unmarked state trooper's conducts against my 17 yrs old {d} for traffic

Daughter was recently pulled over by an unmarked state trooper for what the trooper thought was ignoring a stop sign when in fact there is a incoming traffic does not stop sign is posted where he thought she almost came too close to another car when she legally had the right of way. He had no... View More

William Beck
William Beck
answered on Nov 8, 2022

Having a knowledgable criminal defense attorney is always helpful, because "you don't know what you don't know". From what you have shared, it seems like there are some good defenses that could be used to help your child avoid a conviction for DUI.

1 Answer | Asked in DUI / DWI for Colorado on
Q: I got a driving under suspension with an underlying DWAI. Will they drop it or will I still be facing jail time?

I got a DWAI in January 2021 and was eligible to get my license back in January 2022 but was unaware of that. I got pulled over in January 2022 and got a driving under suspension. I am getting my license back before court. I know there is a mandatory 30 days jail sentence but I'm wondering if... View More

Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

They aren't required to drop the DUR, but it is highly likely the DA will offer a plea agreement that does not include mandatory jail.

1 Answer | Asked in Insurance Bad Faith, DUI / DWI, Personal Injury and Car Accidents for Colorado on
Q: I was rear ended by a drunk driver. He never gave his insurance to me or police. Is it legal for me to call/ go see him?

The police report we were given has his name, phone number, address, and the information for the owner of the car (his mom.) It seems like the only way to ask him for his insurance is to call, send a letter, or go to his house. I wasn't sure if any of those options are ok to do.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 29, 2022

Especially if you are injured, but in general, accident/injury lawyers will provide you a free initial consultation and I recommend that you contact a few and take us up on it. You will obtain a better understanding of the process and perhaps get a better idea on how to proceed ----and perhaps... View More

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... View 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... View 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
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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... View 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.... View 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... View 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... View 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... View More

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