Drunk Driving Frequently Asked Questions
As a service to our Colorado and surrounding area Drunk Driving criminal defense clients and prospective clients, we offer answers to the following frequently asked questions:
What is Driving Under the Influence (DUI)?
Commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit set by statute, which supposedly is the level at which a person cannot drive safely.
What is Driving While Ability Impaired (DWAI)?
This basically means that an individual drove a vehicle after consuming alcohol and or drugs such that they were less able than they ordinarily would be, even to the slightest degree, to drive the vehicle with safety to themselves and to the public. In Colorado this is a B.A.C. of .05-.0799.
I was arrested for a DUI but the police officer never read me my rights. Will the case be dismissed?
Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned.
Do I have to do roadside maneuvers like touching my nose or walking a line?
No you don't. Those roadside maneuvers as they are called by police are voluntary. You have every right to decline to participate.
When I was stopped for DUI, the officer asked me questions? Was I required to answer them?
No! You have an absolute right to remain silent. Anything you say will always be used against you if it helps the prosecutor’s case in any way. It is generally best to politely decline to answer any of the officer’s questions.
What Does a DUI Breath or Chemical Test Measure?
DUI testing measures chemicals which are found in exceedingly small quantities in the human body. So small in fact, that the slightest error could be cause enough to have the case thrown out. The Colorado police are required to follow written regulations when processing either breath or blood tests. If you can show that the police utilized careless procedures which violated the regulations, you may be able to save your license or obtain a plea bargain.
What is a Chemical Test?
A chemical test usually includes a breath, blood and/or urine test. Breath tests usually require that you breathe into a Colorado state approved machine testing machine. Blood tests are administered by drawing blood with a needle from your arm. Urine tests are administered by collecting a urine sample.
What is a Field Sobriety Test?
These are tests that the police officer usually administers at the scene. They generally consist of a Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand test.
Do I have to take a blood or breath test?
No you don't. However, if you refuse to take a chemical test your license is likely to be revoked for 1 year. If you take the test and your result is too high your license is likely to be revoked for 90 days on first offenses. Whether to be and which test to take is a a judgment call on your part as you DO NOT have the right to speak with an attorney beforehand. Whether you take one of these tests or not, you have a right to a hearing with the DMV (Dept. of Motor Vehicles) to determine if your license will be taken away. By requesting a hearing, you become entitled to keep your license until the date of the hearing.
What does “B.A.C.” stand for?
B.A.C. is an acronym for “Blood Alcohol Content.” It is a measurement of the amount of alcohol (measured in grams) in your blood.
Is it true that just by driving in Colorado a person expressly consents to have their Blood Alcohol Content evaluated?
Yes. The Colorado Express Consent law assumes that if you are driving on the roads of Colorado, you have automatically given consent to have your Blood Alcohol Content evaluated if an officer has reason to believe you have been drinking. This means the DMV has the authority to take away your license if you do not do so. However, at the same time you have the right to refuse the test based on your constitutional right to not incriminate yourself.
I have a DUI charge. What are the penalties of I am convicted? Punishment for first time offenders includes
suspension of driving privileges, points on your driver’s
license, and fines.
The
penalties for drunk driving are serious.
Punishment for second and subsequent offenses increases significantly
and usually means jail time.
Average penalties for DUI Offenses:
| Offense | Jail
Term Range |
Mandatory
Jail |
Fines |
Community
Service |
| DWAI-1st | 2
days to 180 days |
none |
$100
to $500 |
24
to 48 hours |
| DUI- 1st | 5
days to 1 year |
none |
$300
to $1000 |
48
to 96 hours |
| DWAI- 2nd | 45
days to 1 year |
5
days |
$300
to $1000 |
48
to 96 hours |
| DWAI w/prior DUI | 60
days to 1 year |
6
days |
$400
to $1200 |
52
to 104 hours |
| DUI w/prior DWAI | 70
days to 1 year |
7
days |
$450
to $1500 |
56
to112 hours |
| DUI w/prior DUI | 90
days to 1 year |
10
days |
$500
to $1500 |
60
to 120 hours |
What steps should I take to keep my license?
You have seven (7) days from the time of your arrest / citation to request a hearing with the DMV. If you fail to do so, your license will be revoked automatically. The 7 day clock begins to run when you receive the Order of Revocation/Temporary Driver’s License which is generally at the time you are arrested.
What happens at the DMV hearing?
The DMV hearing officer will decide:
- Whether the officer had a valid legal reason to stop your vehicle.
- Whether the officer had a valid legal reason to arrest you.
- Whether the blood or breath test result is reliable enough to suspend your driver’s license.
- In cases where you refused to take the blood or breath test: Whether you were fully advised of the law, by the officer, before you refused to take the test.
How do I request a DMV hearing?
You can request a hearing by going to almost any DMV office with the notice of revocation and your driver's license. They will take your drivers license if the officer has not already taken it from you. They will then issue you a temporary permit that is valid for up to 60 days or until you have your DMV hearing.
I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?
No. The court proceedings and the DMV actions are separate. The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege . However, a conviction in court can also restrict or suspend your driver license. It is important to discuss this with your lawyer beforehand.
Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?
Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard, namely an Administrative Per Se Hearing.
Does the DMV hearing substitute for the court trial?
No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest such as driving and the blood alcohol level or refusal to take a chemical test and the privilege to drive. The Court trial deals with whether you are innocent or guilty of a criminal act.
Is jail mandatory?
It depends. Please refer to the DUI penalty chart positioned above to match your circumstances with the correct answer.
What is the typical process of a DUI matter?
A typical DUI matter begins and continues as follows:
- You are pulled over by a police officer.
- You provide the officer license, registration and insurance.
- Officer will ask if you had anything to drink.
- The Officer will ask you to perform field sobriety tests.
- You may be asked to take the hand-held breath test.
- If you are arrested, you will be advised of the Colorado express consent laws.
- Once arrested you will charged with a crime.
- You will be issues a Summons to appear in Court.
- You will appear at an Arraignment, during which time the Judge may ask you how you would like plead – either “guilty” or “not guilty”.
- You and your attorney will attend a Pre-trial conference.
- A motions hearing will likely be scheduled.
- Trial
- Possible post-trial Appeal
If you or someone you know in Denver, Colorado or a surrounding area has been arrested or charged with Drunk Driving/DUI/DWAI or some other driving related criminal offense and needs the assistance of an experienced Drunk Driving criminal defense lawyer, then contact The Orr Law Firm, LLC to speak to an experienced Drunk Driving criminal defense lawyer at 866-853-6084 or via their convenient contact form.
