i was pulled over initially for not using my turn signal. this is a first offense and i'm hoping i can get this dismissed.
2007-03-16 03:40:37 · 6 answers · asked by cendrine c 1 in Politics & Government ➔ Law & Ethics
Fight this one.
Like David M said above me, under .08 and the arresting officer must show impairment. From .05 to .079 there is no presumption of impairment and so the officer must have a very strong case. Usually they could only make such a case if you caused an accident. To make this stick the officer better have you on tape falling over. I am guessing that, at .061, that was not the case.
Field Sobriety Tests are completely loaded and only a police officer can pass them (because they practice for court).
You will lose if;
You are under 21,
You mixed any kind of medication with the alcohol,
You had any illegal drugs in your system
2007-03-16 04:06:53 · answer #1 · answered by Pooky Bear the Sensitive 5 · 0⤊ 0⤋
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2016-06-12 11:03:08 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It's odd that you got a DUI for .061 in Colorado, since the legal limit is .08. You can be convicted of a DUI even if you're under the legal limit, but they have to show driving impairment. Not using a turn signal is not impaired driving. I think you can get this dismissed if you hire an atty. If they offer you a deferred sentence, take it. It goes away after about 6 months (could be less--that's left to the judge's discretion). Both blood and breathe tests can be attacked for a variety of reasons, particularly taking the test too soon or too late. Are you underage? Otherwise, I can't understand why you even got a DUI.
2007-03-16 03:52:52 · answer #3 · answered by David M 7 · 0⤊ 0⤋
Are you sure your BAC wasnt .081? A DUI in Colorado is when it is over .08. If it wasnt, you probably got what's called a "wet reckless" or driving while impaired. Not a DUI. If it WAS a DUI, first offenders usually have a license suspension for three months and usually get one or two years probation and some community service. Not to mention a huge jump in your car insurance. I have provided a link to a Colorado DUI attorney. Please note that I am not a Colorado attorney and I do not know the attorney in this link. He does give you a very good discussion about DUI's in Colorado and what you may realistically expect.
Good luck!
http://www.tedhess.com/faq-dui.html
2007-03-16 03:54:16 · answer #4 · answered by Toodeemo 7 · 0⤊ 0⤋
Get a lawyer and hope the officer making the arrest really messed up on somehing, but that is doubtful so you'll probably lose your license for 6 months.
2007-03-16 03:44:42 · answer #5 · answered by the_mr911 6 · 0⤊ 0⤋
More than Likely you will get Probation and maybe that is it the worst that will probably happen on your first offense is suspension of your driving privileges
2007-03-16 03:48:09 · answer #6 · answered by Nate 2 · 0⤊ 0⤋