Legal Question in DUI Law in Colorado

3rd DUI in Six Years
I have been charged with DUI for the 3rd time in Six years. The first was deferred six years ago, so does not show up as a conviction? I've been charged with ''persistent DUI''. I don't have the results from the BAC yet, it was taken four hours after my accident. Does that make a difference? I walked home (3 miles, 20 degree temp.) and had a drink (rum in a diet Pepsi) after I got home, because I was cold, hurt and in shock. Two officers came to my house (about 1 hour later)to wait for a patrolman, and I finished my drink with them present before we went for the blood test. The patrolman did not arrive for almost three more hours. I did not take a roadside because the patrolman that came said it did not matter if I passed, he was giving me a DUI anyway, and I knew I had a broken collarbone and didn't think I could lift my arm for the test. I did not refuse it. Can I get the BAC thrown out?

Asked on 12/04/03, 9:31 am

Stephen Anderson Anderson & Carnahan

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Re: 3rd DUI in Six Years

It depends upon level of alcohol present.

Answered on 12/05/03, 8:13 am

Jim Forslund Law Office of James C. Forslund

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Re: 3rd DUI in Six Years

Right. Yes. Possibly.

Answered on 12/04/03, 12:33 pm

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