Legal Question in Legal Malpractice in Colorado

I recieved a d.w.a.i while in college in a small town in colorado.I got a lawyer and was given 10 days in jail, fined,alcohol classes and community service.The problem is my blood alcohol level was .048 and a d.w.a.i was .05 to .1 then it becomes a d.u.i,do i have any recourse in the fact that i don't feel my attorny did his job.I don't understand how i was guilty when i was 2 thousand's under .05. what can i do about this,it has been many years since it happend.


Asked on 12/12/09, 9:31 am

1 Answer from Attorneys
Evan Banker Chalat Hatten Koupal & Banker PC

There is probably nothing you can do about it. The statute of limitations on professional negligence is 2 years from the date you knew or should have known of the error and the injury, which is probably the date of your sentencing. Moreover, the DWAI law provides that you are in violation if you are driving while impaired by alcohol "to the slightest degree." There is a presumption of impairment at 0.05, but impairment can be proved at any BAC level.

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Answered on 12/17/09, 9:54 am


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