Legal Question in DUI Law in Colorado

First Time DUI/DWAI Options

Several weeks ago I was stopped for supposedly weaving while driving home alone. I had been drinking, but I felt capable of driving. The officer administered a field sobriety test and then arrested me for a DUI. He offered a breath or chem test and I opted for the chem test. It took over an hour to get the chem test taken. I was very cooperative and polite with the deputy.

I have called twice to the DA's office asking for the results, but I get the runaround. I have no prior alcohol related offenses, but I do have 4 points on my license already. My court date is this Friday the 12th in Douglas County. What should I expect at that point?

-Will I meet with the DA then?

-What will most likely be the offer?

-If it's impaired and it comes with 8 points, what are my best options?

-Should I go to court anyway?

-Should I just plead out and request a red license?

-Will I have anytime to consider the plea after it's been offered?

Thanks for your time and information.


Asked on 3/08/04, 5:35 pm

2 Answers from Attorneys
Jim Forslund Law Office of James C. Forslund

Re: First Time DUI/DWAI Options

It is to early to work out a plea bargain. You should have an attorney represent you and investigate the case. You need to have the second sample tested.

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Answered on 3/08/04, 5:49 pm
Jason Savela The Savela Law Firm, PC

Re: First Time DUI/DWAI Options

The first court date is usually just an advisal of rights and charges. The court will set a date for you to meet with the DA to discuss a plea offer. The DA will likely not meet with you personally, but just in a large group. The offer will not be given on that day partially because the da will not have the test results yet - they usually take almost a month for blood.

If it comes back over a .1, then they will charge DUI and may offer a DWAI. In that situation, your bigger concern will likely be the mandatory 3 month suspension from DMV. You need an attorney. Request a DMV hearing if you recieve a notice of suspension. (this can be done at any DMV office, but must be done within 7 days of getting the letter - by requesting a hearing, you get to keep your driving privileges at least until the hearing - if you do not request a hearing, then you concede the issue and lose your license for 3 months) Do not request the presence of the cop. This is a separate hearing, not in court, but at a DMV office. The issues are similar, but with different burdens and a different fact finder.

If under .1, then you will be charged with DWAI. You may be able to plea to a non-alcohol offense with a decent lawyer. This will help in many ways.

You must go to court or a bench warrant will be issued.

Although some think DUI cases are complete losers, there are many defenses that a good DUI lawyer knows about. I would always have a good lawyer review for issues.

Except in a few situations (mostly on TV), the DA always gives ample time to consider whether to plea or not.

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Answered on 3/08/04, 7:46 pm


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