Legal Question in Criminal Law in Colorado

1st DUI, very worried, want to know my options.

Situation: I received a DUI (1st) in Colorado in early March, after moving up from AZ in Jan. I refused to take a urine test because the DUI was for marijuana, which I had done earlier that day, and, as we all know, marijuana can stay in the body for months. I failed roadsides, they (3 state patrolmen) arrested me WITHOUT reading my rights, then released me to friends' custody. I was also ticketed for no insurance, expired temp registration, no valid driver's licence (out of state), and "carrying a concealed knife" (a 3-inch, double-edged boot knife sitting in plain view on the center console). Since then, I have sold the car, moved back to Arizona, and must return for the first court date on April 30. Do I have any chance of defeating these claims, and if not, then what punishment might I face? Also, can the punishment be transferred down here to Arizona? Any help would be greatly appreciated.


Asked on 4/08/98, 7:20 pm

1 Answer from Attorneys
Michael Scott Kelly, Jackson & Christianson, LLP

two (minor) points about your case

I don't want to make it sound like I know what all the CO courts will do with your case (I've practiced DUI law in CA and AZ, but never CO), but I CAN tell you two things:

1. The fact that they never read you your Miranda warnings would only come into play if they "interrogated" you (i.e., asked you incriminating questions) AFTER they arrested you. Most courts seem to accept that, by the time you've been handcuffed and placed in the patrol car, you're "under arrest" for Miranda purposes. Before that time, however, such asjust before giving you field sobriety tests,police typically ask you all the incriminatingstuff they need, such as, "Have you been drinking?" "How much have you had to drink," etc.

2. As for whether your "punishment can be transferred down to AZ," the answer is, yes,unfortunately. What that usually means is that, if refusing the urine test means, say,an automatic suspension of your license (inAZ it was 1 year, by the way), then they canlikely transfer that driver's license suspension from CO to AZ.

Hope this helps (to the extent bad news ever DOES help)!

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Answered on 4/29/98, 3:32 am


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