Legal Question in Criminal Law in Colorado

DUI Colorado

My son was arrested last weekend for DWI and is 19. He blew a .242 and was stopped for weaving and failure to yield. This is his first offence. What can he do between now and his court date to possibly reduce his sentence, and will he have to go to jail or will he likely get probation and a fine? He is currently a full time student.


Asked on 10/08/07, 3:45 pm

2 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: DUI Colorado

Your son should immediately do the following: 1} get an alcohol evaluation and start treatment with a state certified alcohol treatment provider in order to address any issues he may have and to mitigate any potential sentence, 2} get a copy of the police reports 3} go to the motor vehicle department and request and express consent hearing and make sure he checks the box where he does not want the police officer present. This third step is extremely important, as it controls his drivers license. He also needs a good, experienced attorney as he is looking at a potential jail sentence (in Boulder, he likely would be given a short one just to get a taste of what it is like so he does not make the same mistake again), probation for 12-18 months, 24 hours of community service, MADD panel and fimes and costs of approximately $650. Please feel free to contact me if I can be of further assistance. Good luck.

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Answered on 10/09/07, 12:08 pm
Jason Savela The Savela Law Firm, PC

Re: DUI Colorado

It largely depends on the jurisdiction, but if he starts some AA classes, documents them and keeps a log of what he learns plus Level II alcohol classes (he will be ordered to do these by the court anyway) plus collect news articles about DUI deaths and writes about that, he will be in good shape.

He should request a DMV hearing without the cop present. he should get a lawyer that knows how to attack these cases to make sure there is not a way to win it.

He needs to realize that the court does not care much how this case is affecting him, but more how he could have killed someone.

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Answered on 10/08/07, 4:32 pm


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