We pride ourselves in offering individualized attention, not only to clients, but everyone who calls us seeking possible representation. People who call our office or submit questions through our website will always speak with or be responded to by a lawyer. Everyone’s case or issue is unique, but there are a few questions we get on a regular basis. Here are a few common questions and the basic answer. Keep in mind that individual circumstances may dramatically change the answers to the questions, so these questions and answers are very generic and are not legal advice. If you have a case or issue, you should contact us so we can better understand your circumstances to provide you with a specific answer.
- Q: I got charged with a DUI, but I wasn’t driving – what are my chances of having the case dismissed? A: In Colorado, the definition of driving is broad. Driving is defined as being in actual physical control of a motor vehicle. Moving a vehicle from one place to another is not required. There are multiple factors that will determine whether you were in actual physical control even if you were just sitting in your car.
- Q: I was not read my Miranda rights when I was arrested for DUI – does that matter? A: Not being read your Miranda rights may have an impact on your case, but it likely will not result in dismissal. Many people believe police are always required to read a person Miranda rights, but police are only required to read a person Miranda rights if the person is in custody and being interrogated. Even if police should have Mirandized you, the remedy for their failure to do so is to suppress (prevent the prosecution from using) any statements made after you should have been Mirandized. It certainly helps when the prosecution is not allowed to use evidence, so it may weaken the prosecution’s case, but often much of the evidence in a DUI case is observed before police ever question a driver.
- Q: Can I get a red license if DMV revokes my driver’s license for a DUI? A: Unfortunately, no, a red license is not an option if your license is revoked for a DUI. You may, however, be eligible for an interlock restricted license. Unlike a red license, you can drive anywhere at anytime with an interlock restricted license. The only requirement is that you may only drive a car with an interlock device installed.
- Q: How much will the court costs and fines be? A: It depends on what you plead to or are convicted of. The fines are less for a DWAI than a DUI. The most expensive part of a DWAI or DUI sentence are the probation supervision fees and costs associated with the alcohol education that is frequently required.
- Q: Am I looking at jail time? A: The simple answer is yes. Anyone charged with DUI or DWAI, even if it is the first time you have ever been charged with anything, is potentially facing jail time because DUI and DWAI are punishable by jail time. But your driving and criminal record and specific facts of your case, such as your blood or breath alcohol level and whether there was an accident greatly influence whether jail is a real possibility.