Legal Question in DUI Law in Colorado

Didn't recieve ticket but had tests

I was parked in a parking space after leaving a bar I realized I was not able to drive so I called a friend to pick me up. Could not get a hold of her so I rested my head on the steering wheel for a few minutes and tried her agian while o on the phone a officer came to my window and asked me if I was ok I told him I was trying to gget a ride home because I couldn't drive. He asked how much and I told him quite a bit and he asked for all the info from me. He had me do a road side test, breathe and field test he said by the breathe I was over the limit. He then asked me to go to the hospital for a blood test which I did. He never gave me a ticket and I never signed anything.I called the police station two days later and they had no idea other than who ran my license. I called first appearance and they had no record. I could not find my license so I went and got a duplicate. If I am charged with a dui wouldn't I have known it that night? And if he did take my license under which law does it say he can?

By the way the officer said he drove by me once and saw my head down and decided to go around the block and come baxck to see if i was ok. Do I have any way out of this if I do recieve at dui?

Thank for all


Asked on 11/12/04, 5:20 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Didn't recieve ticket but had tests

It may be that you have been charged or will be charged. To best protect yourself, you need to know some things.

On blood test cases, it takes a few weeks to get the blood tested. Once that happens, you may get a notice of revocation from the DMV (if over .08). You will need to request a hearing in person at a DMV office - DO NOT REQUEST THE PRESENCE OF THE OFFICER.

After the blood results are in, the police may serve a summons on you. On the other hand, this might have already happened and you just do not have a copy (rare, but does happen). I would continue to check with the County Court Clerk in the county you were "arrested" to see if a case has been filed and when you need to appear. You might have an issue with failure to serve the ticket, but you do not want to get a warrant issued for your arrest, so find keep checking.

Send me an email or call if you want representation.

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Answered on 11/12/04, 6:42 pm


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