DUI / Driving Under the Influence

Alexis explains: "A question that's designed to elicit an incriminating response, for example, is how much alcohol did you have to drink? And you're sitting there in handcuffs? Now, the reason I said you're sitting there in handcuffs is that question, how much alcohol did you have to drink can be designed to elicit an incriminating response or cannot be. And what we see happening is it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read."

Right Law Group's guide explains: "A solid DUI defense is critical. If you have been arrested for DUI in Colorado, you only have seven days to request an administrative review from the DMV."

It is fair to ask about the downside, and the consequences of a first offense DUI cover a wide range. Jimmy is direct: "Now, let's be real about the consequences. A first offense DUI can involve jail time, fines, probation, alcohol classes, and license suspension. Insurance costs alone can follow you for a long time. Employment issues can come up. Professional license issues can be affected. And travel can become complicated." He lists jail time, fines, probation, alcohol classes, and license suspension as possible parts of a first offense DUI. Jimmy adds that the fallout can reach beyond the sentence itself, with insurance costs that follow you for a long time. He also notes employment issues, professional license issues, and complications with travel.

In Colorado, the consent question is answered before you are ever at the hospital, through the state's express consent rule. Gannon explains that once an officer makes a DUI arrest, "you've already consented to a chemical test, your blood or your breath." He describes what happens next: "they'll either transport you to the hospital or to the police station" where that chemical test is done. He notes that when those results come back, depending on the outcome, they become a big factor in the evidence the DA will use at trial. The point is that by driving in Colorado you have already given that consent, which is why the test can proceed.

Gannon explains: "So, at whatever point the officer believes that they they um may be dealing with a DUI, at that point they will be asking for something called SFSTs or standardized field sobriety tests. Um no, also known as roadside tests. So, um for that they're going to be uh it is voluntary. That is something that they make clear. Um they're often very good at getting people to do these. Um but it is voluntary and it's important that people remember that."

Right Law Group's guide explains: "In Colorado, you can be found guilty of driving under the influence (DUI) if your blood alcohol concentration (BAC) was at least 0."

Right Law Group's guide explains: "Refusing a breathalyzer in Colorado is one of the biggest mistakes you can make if you are pulled over for DUI . While some drivers refuse a breathalyzer because they are simply afraid they will test positive, others refuse the test without knowing that their decision could have a serious negative impact on their case."

Right Law Group's guide explains: "A DUI conviction in Colorado doesn’t just affect your driving privileges, it can threaten your entire professional career."

Alexis explains: "A DUI in Colorado is more than a court case. In many situations, it's a direct threat to your professional career. If you're a nurse, a teacher, a realtor, or any other of the dozens of regulated Colorado professionals, a DUI case may cost you your professional license."

Gannon explains: "So, there's always ways to undermine the police officer's investigation, their thoroughess, their due diligence. And if they didn't take certain steps the right way, sometimes we can bring it to what's called a motions hearing and basically have the judge make a legal determination that they either violated your rights or that they did not do the proper investigation and therefore either evidence needs to be suppressed or the case needs to be dismissed."

Jimmy explains: "After your arrest, officers transported you to a station or jail. And during that ride, they may have tried to talk to you casually. This is where people get into trouble. Anything you say, even small talk, can be written into a report and used against you."

Jimmy explains: "Now, here's what most people don't realize. Chemical tests are not perfect. Breath machines require strict calibration. Officers must follow exact procedures. Medical conditions can affect results. Blood samples can be mishandled or contaminated. We regular see cases where test results look solid on paper but fall apart under scrutiny."

Alexis explains: "the licensing is basically an identification form but it doesn't necessarily mean that you can or can't drive in that state so what happens is if someone gets revoked or their license suspended people usually say their license is suspended but what is actually done is their privilege to drive has been taken away it's easier to say your license has been suspended but you can actually have if you're in that example if you're from texas you have a license in texas you can actually have your license suspended in colorado without actually having a colorado license because what's actually being suspended is your privilege to drive in this state"

Alexis explains: "Quite frankly, a lot of this depends on whether or not you have to do any kind of additional evaluations like an alcohol evaluation, or PSR, which is a pre sentence investigation. So these cases can draw out pretty lengthy amount of time."

Alexis explains: "you can be arrested and then given a summons or you can do it the traditional way where you're actually arrest Ed and taken to jail and you have to wait for a bond hearing and we have more videos on those but that's the main difference between arrest and summons you can have both you can have one or the other and in DUI cases we often see people have both an arrest and a summons"

Alexis explains: "So let's take Ambien for example. Ambien is, I'm sure a lot of you have heard, people take Ambien and then they'll wind up downstairs raiding the kitchen fridge, eating a whole bunch of stuff and not remembering it. That's one of the dangers with Ambien is it's one of those more powerful prescription medications. So I've had clients who have actually come and been charged with DUI for having an Ambien in their system, even though it's a prescribed medication, even though we show that they are allowed to have that in their bloodstream, it means that you can still be impaired."

Right Law Group's guide explains: "Key Findings on Prescription DUID Charges If you’re facing a DUID (Driving Under the Influence of Drugs) charge in Colorado involving medication prescribed by your doctor, you are likely feeling shocked, confused, and unfairly targeted."

Right Law Group's guide explains: "If the police pull you over for DUI with a child in the car, you may get charged with not only a DUI but also with child abuse."

Right Law Group's guide explains: "You took a breath test after your DUI arrest, and the prosecution is treating that BAC number as absolute proof of guilt."

Alexis explains: "For a misdemeanor DUI, that can be anything from you actually having alcohol or THC, so marijuana, in your system. You can even get a DUI for having prescribed medication. So a lot of people think hey, if I'm taking my prescriptions even if you're taking them the way you're supposed to be, you can't get a DUI. The problem is that's not completely true."

Right Law Group's guide explains: "A DUI conviction can be a life-altering experience, but it doesn’t have to be a permanent one. Many people mistakenly believe that once they have been convicted of driving under the influence, their road to redemption is doomed."

Alexis explains: "what the DMV does, is they revoke your license for a certain amount of time. However, usually we can get you reinstated if you wanna get an Interlock Device put in your car. Now, that's if you're over the 0.08. That's completely separate from the criminal system, because the criminal system is going to move much slower than the DMV."

Alexis explains: "usually we can get you reinstated if you wanna get an Interlock Device put in your car."

Right Law Group's guide explains: "If you have a commercial driver’s license (CDL) in Colorado, losing your CDL for any length of time can be career-ending."