confused about penalty
I was in a car accident after drinking. I did agree to have my blood drawn, however it was 3 hours after the accident, so it was never reported to the dept of revenue. The result was over .2 . I am a professional. I have a clean record other than a couple of speeding tickets.
I have an atty, however am thinking about switching lawyers, as he does not feel confident I can get out of the 1 year loss of license or the 10 days in jail, even if we go to trial. Also I am confused about the colorado ''red license'' or restricted license, as some web sites say this is an option, but my atty says this is not done in colorado.
I would appreciate your input. Thank you.
2 Answers from Attorneys
Re: confused about penalty
You would be qualified apply for a red license, should you lose at trial.
Re: confused about penalty
Your situation may present some defenses. Specifically, the BAC result is suspect because of the time period. But, the suspicion goes to the weight of the evidence and not to its admissibility, so the result may still come in to evidence. An accident is a bad fact in a DUI case, especially if someone was hurt. It does not sound like anyone was injured since you are not charged with vehicular assault, a felony. The 10 days of jail can be done on a jail alternative program, at least for the majority ot it. The 1 year suspension is for DUI and is mandatory if you are convicted for DUI. There is also a points suspension possible, but that is less of a concern.
My suggestion is to discuss your concerns with your attorney and if you are not satisfied, then contact another attorney.
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