Dui
In brief, I recently received a dui-there were no aggrevating circumstances and since I was not intoxicated I was released that night. The arresting officer stated she saw I had priors but since they were so old they would not be counted and this would simply be a first offence. (the priors were from 25 years ago.) I contacted an attorney who said the same thing, since they were so old they would not be considered and the DA would offer me a first offense reduced to dwai. When I met with the DA she brought up the 3 priors and charged me with a 4th offense. I recontacted the attorney who stated ''normally they would never go back that far.'' I simply can't afford an attorney and they said I made too much money to qualify for a public defender-why would they go that far back when I've been a law abiding citizen for 25 years now, and do I have the right to legal representation, even if they say I make too much?
2 Answers from Attorneys
Re: Dui
I have heard judges and das say, that just means we haven't caught you in a while.
Best to have an attorney that works in the DUI field.
Re: Dui
The arresting officer and the attorney, if they told you that prior alcohol offenses, because they were old, would not count against you, were simply wrong. In Colorado, if you got your first DUI when you were 18, and the second when you were 98, the first would certainly count. They would go back to previous lifetimes if they could.
You do have a right to legal representation, but you do not have the right to a public defender unless you are indigent. Which is to say, unless you are indigent you do not have a right for the state to pay for your lawyer. Right now, if you are a family of one, that's about $1100 a month.
You may be able to find a private attorney who will take your case pro bono -- which means free to you -- or at a reduced fee. Call the Colorado Bar Association, which maintains lists of such attorneys.
Good luck.
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