Am I legally required to take a blood alcohol test?
No. However, if you refuse the test, the prosecutor in your case will be allowed to make the argument at your trial that you refused because you were hiding your intoxication. Also, refusing the blood alcohol test will cause you to lose your license to drive for one full year, with no opportunity to drive on a probationary license. Remember that the small portable test the officer has at the time of your arrest doesn’t count, only the formal breath or blood test at the police station (or hospital) matters in your case.
How should I answer the officer’s questions?
You shouldn’t answer them at all. You should provide your license, registration, and proof of insurance card to the officer and remain silent. Exit the car when instructed to do so. The district attorney will not be able to disclose to the jury that you would not speak to the officer.
Should I take the Field Sobriety Tests?
No. If the officer is asking you to take a field sobriety test, it’s likely he is already convinced that you are under the influence, and you will not convince him otherwise by your performance on these tests. You are not legally required to perform these tests.
Will my case be thrown out because I wasn’t read my Miranda Rights?
Probably not. Miranda Rights only apply to your statements, not to other evidence. Further, the police are not required to inform you of these rights when you are first stopped during a DUI arrest. At best, the failure to read you your rights may result in your attorney being able to exclude some of your statements from evidence.
Will I go to jail?
A Colorado judge will consider many things when deciding on your sentence. The three things most likely to result in a jail sentence are a prior drunk driving record, a high BAC, or a traffic accident. One or more of these aggravating factors could convince the judge to impose jail. In the event you cannot avoid a conviction, your DUI attorney will work you to avoid a tough sentence. Taking steps ahead of time may convince the judge in your case that serious punishment is not necessary.
For how long will I lose my driver’s license?
If your BAC is over 0.08, you are at risk of having your driving privileges revoked. The length of the revocation varies. You will be revoked for 9 months on a first offense, however, you will be able to reinstate after 30 days of no driving provided you meet the necessary requirements. The revocation will be for one year on second offenses, with no early reinstatement. A refusal to take the BAC test will also result in a one-year revocation, even on a first offense. Please call us to discuss the specifics of your DUI case.
What does “BAC” mean?
BAC is short for Blood Alcohol Content. It is a measure of the concentration of alcohol in your blood. For example, a BAC test reading of 0.08 means that there is 0.08 grams of alcohol in 100 milliliters of blood.
What can I do to keep from having my license to drive revoked?
You are entitled to a DMV hearing before your license to drive a motor vehicle can be revoked. You are required to request the hearing with the DMV within 7 days of your DUI arrest, unless you took a blood test. In blood test cases, you must make the request within 7 days of receiving notice in the mail that your license is going to be revoked. You have a right, and it’s to your advantage, to be represented by a lawyer at this hearing.
Can I talk with a lawyer before deciding whether to take a BAC test?
No, you will not be allowed to have the assistance of counsel at this point. If you do not comply because you are demanding to speak with a lawyer, the officer is legally allowed to report your test as a refusal.
Why am I charged twice from the same DUI case?
Because there are two different DUI statutes. This allows the district attorney to try to prove you guilty in two different ways. However, you can only be convicted of one count of driving under the influence.
