dui
received a dui at a checkpoint.. office
took my license but allowed me to
call a friend to drive me and my
vehicle home. I did have 2 DUI's
back in Iowa but they were 18 and
20 years ago. My Colorado drivers
license is clean - no tickets in over 3
years. Any chance I can keep my
license on this one? And what do you
think the fine and penalties will be?
Should I have a lawyer?
4 Answers from Attorneys
Re: dui
The fact that you recieved your prior DUIs 20 years ago will not make a difference in the eyes of the DA. You will still be looking at mandatory jail because of the way the law is written in Colorado. There are oftentimes things that can be done to limit the amount of jail or the type of sentence (e.g. work release, in-home detetion) but that can depend on the jurisdiction, the judge, the DA and, of course, the facts underlying the charges themselves.
As far as your license goes, you need to request a hearing with DMV to even have a chance to limit the impact on your license. Depending on when this occurred, you may or may not have already missed the deadline for requesting that hearing. Often you must request it within 7 days of the arrest. Information on how to do this should have been provided to you by the arresting officer, unless you took a blood test, which resulted in a BAC above .08. In that case you will recieve a notification from DMV regarding your license and you must request a hearing after recieving that notice.
Whether or not to hire a lawyer is always a difficult decision, but it is probably a good idea when you are in your situation, particularly given the fact of the prior convictions.
Re: dui
We may be able to limit your license loss to 30 days, but if you have two permanent convictions, you face substantial jail. You need a lawyer. You need a lawyer even if it is a first offense.
Re: dui
You're facing a minimum of 10 days in jail and a $500 fine. You also may be adjudged a habitual offender, with additional penalties. You will lose your license. It doesn't matter that the DUIs were 20 years ago. A lawyer sounds like a fine idea.
Re: dui
checkpoint stops often have problems. You definitely want a lawyer on a 3rd DUI. Most likely the DA and Court will be able to see the two priors and will be looking at a 90+ day jail sentence. If you are convicted of DUI, you will lose your license.
If your test came up over .08 or you refused, then DMV will take your license if you do not request a hearing within 7 days of arrest. I would not request the officer to be present.
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