Legal Question in DUI Law in Colorado

2nd (possible) dui w/in 6 years
I received my first DUI conviction in Oct of 1998.... Licenses took for 90 days. Yesterday 11/2/03 I was involved in a ONE CAR (my own) accident. Yet there was someone driving when the accident occured. He left to get help I slid over to driver's seat - WHY??? don't know. keys were beside me NOT IN igition. Yet the office was very rude and said I had OBVIOUSLY been driving, submitted to blood alcohol at hospital - I was moderately/severely injured. Do I have ANY HOPE? If convicted - what are possible penalties ???

Thank you

Asked on 11/03/03, 9:18 pm

2 Answers from Attorneys

Jim Forslund Law Office of James C. Forslund

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Re: 2nd (possible) dui w/in 6 years

There is hope. The penalties depend on which judge you have. Since the dates of the offenses are over five years apart, the consequences to your license will be less.

Answered on 11/04/03, 7:36 am

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Jason Savela The Savela Law Firm, PC

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Re: 2nd (possible) dui w/in 6 years

A few things to consider:

request a DMV hearing, but do not request the officer to be present. Present evidence that someone else was driving - could be an affidavit from the other person, but better if other person shows up. This is a defense at DMV hearing and at trial. Your statements, as reported by cop, will be the main evidence against you - and your position.

there are many things that can be done here for both DMV hearing on whether you lose your license and at criminal trial. Call me if you want representation.

720-406-6969 [email protected]

Answered on 11/04/03, 1:42 pm

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