Common DUI Questions

St. Patrick’s Day is a well celebrated holiday in Colorado.  It is also a holiday that tends to draw heightened DUI patrol throughout the state.  If you, a friend or family member is arrested for suspicion of DUI, it is important to contact a DUI lawyer to help you navigate the court system.  At Dahl, Fischer & Wilks, we offer free consultations and are happy to answer your questions.  Here are a few common questions asked during consultations:

Q:  What is going to happen to my driver ‘s license?

A:   When a person is charged with a DUI, DMV will attempt to revoke your driving privilege.  Whether the driver agreed to a blood or breath test or refused testing determines how quickly the driver’s privilege is revoked.  If the driver agrees to a breath test or refuses testing, the police officer should issue the driver a Notice of Revocation that gives the driver seven days to request a hearing at DMV.  At the time the hearing is requested, DMV will issue a 60-day temporary permit.  If the driver agrees to a blood test, the Notice of Revocation will not be sent out until after the test results are received.

Q:   Will I have to go to jail?

A:    This question is difficult to answer.  It depends on whether the driver has any priors, the facts of the case (such as the BAC level and whether there was an accident) and can even depend on the county in which the driver was charged as well as the judge handling the case.

Q:  What are the chances that I will be able to “beat” my case?

A:   This is also a difficult question to answer.  In order to  “beat” the case, there generally has to be some sort of proof problem for the prosecution.  By law, the prosecution cannot plead a DUI to a non-alcohol related driving offense unless they believe they cannot prove the case.  Our attorneys always carefully review the police reports and other documentation to determine whether there may be proof problem.  If there is a proof problem, it increases the chances that the DUI charge will be dismissed .

Q:  Do I really need a lawyer for a DUI ?

A:   Yes, we believe it is important and beneficial to people to have an attorney.  First, if there are any legal issues that could provide a good defense, an attorney is trained to find those issues.  Second, even if you have decided that you want to accept an offer, a good DUI lawyer is also skilled at negotiating with the prosecution and making sentencing arguments to try and achieve a good resolution on the case.  Finally, if you don’t have a lawyer, you will be the only non-lawyer because the judge and the prosecutor are both lawyers and if you choose to represent yourself, you will be treated as though you have a knowledge of  the law just like a lawyer.