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Frequently Asked Questions in Colorado DUI/DWAI Cases




  1. What are my Miranda Rights?

    When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often, the advisement is this:
    • You have the right to remain silent.
    • Anything you say can and will be used against you in a court of law.
    • You have the right to be advised by an attorney before answering any questions.
    • If you desire an attorney and cannot afford one, one will be appointed for you free of charge.


  2. Will I be able to get my case dismissed because I was not read my rights?

    Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.

  3. What are my rights?

    See Know your rights in a Colorado DUI/DWAI

  4. Will I go to jail?

    On a first offense, probably not. On second or later offenses, it becomes more probable, but an experienced attorney may be able to keep you out. See the ranges of penalties.

  5. If my DUI is reduced to a DWAI, what do I gain?

    Not much. In Colorado both are counted as alcohol offenses (crimes) for the rest of your life. While DWAI most likely will not be considered by other states, DUI travels across state lines. DWAI may avoid an interlock for multiple offenders and a suspension for all.

  6. I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?

    Your license will be automatically revoked for two years.

  7. I have three serious offenses within seven years, what will become of my license?

    It will be automatically revoked for five years.

  8. How many hours of alcohol classes will I have to take?

    Plan on at least 24-48 hours, one two hour session per week. The higher your BAC, the more hours you will have to take.

  9. What will happen if I do not complete the classes or public service ordered by the Court?

    You will go to jail.

  10. I lost my Colorado license. May I obtain a license in another state.

    In most cases, no.

  11. If I obtain an international driver's license, may I drive in Colorado, even though my Colorado license is revoked?

    No.

  12. Am I a bad person, because I was arrested for DUI?

    No, but you are well advised never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.

  13. What if I burped within twenty minutes of blowing?

    The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.

  14. Will I be able to file bankruptcy and avoid paying for fines, costs and damages?

    These items cannot be discharged in a Chapter 7 bankruptcy, but a portion may be discharged in a Chapter 13 plan. Rockville, MD Bankruptcy Attorney

  15. Answers to other questions posed on lawguru.
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