53 Things YOU Need to Know about
Your DUI Case that NO ONE is Telling YOU
5 things the District Attorney does not want you to know :
- He does not have all the witnesses available to prove his case.
- He has exculpatory evidence which would prove your innocence.
- You have a right to a jury trial within six months of pleading not
- He has evidentiary problems in proving your blood alcohol level.
- He's bluffing.
7 of the facts that must be proved before you can be found guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the state of Colorado, while
- Your blood alchohol level was over one of the prescribed limit or
- You were substantially incapable of driving (driving under the
- You were affected to to slightest degree in your driving ability
(driving while ability impaired).
What you must do at the Motor Vehicle Division immediately to preserve
your right to drive:
- You must go to the Division within seven days of your license
revocation and request a hearing. It is advisable to request that the officer be present (scroll down) at
the hearing. There is a box to check on the hearing request form.
10 questions your attorney must ask you.
It is important to hire an experienced attorney.
- What your itinerary was prior to arrest.
- Your consumption of alcoholic beverages.
- Your observations of the officer.
- The officer's stated reasons for stopping you. There are bad stops.
- Whether the officer asked or ordered you to take roadside tests.
- Your performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath or blood tests.
- Whether there were witnesses to your arrest.
- Whether you were observed for 20 minutes prior to a breath test,
What are the 4 items crucial to your defense?
- A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- An experienced attorney.
What is the one thing your attorney must do to raise objections based on
the Summons and Complaint?
- Appear in person for your arraignment.
Why a jury trial is advisable:
What is necessary to get a jury trial?
- You automatically have a right to a jury trial.
How the arresting officer's testimoney can be impeached:
- Inconsistant statements.
- Failure to recollect.
5 requirements which must be followed for chemical and roadside tests to
- The officer must have had a reasonable suspicion that you were
violating the law.
- The officer must have either had probable cause to arrest you or
obtain your consent for roadside tests.
- The officer must tell you that you have a right to refuse a portable
- The officer must have probable cause before he arrests you and before
he requires you to take a chemical test.
- The officer must give you your Miranda rights after you are arrested,
if he is going to interogate you.
What are the 2 key pieces of information which must be learned in deciding
to go to trial?
- An estimation of the weaknesses and strengths of the State's case
- The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do
- It's a cost benefit analysis. How much do you have to defend your case?
What effect will this arrest have on my license and when will I be able to
- If your blood alcohol was over the legal limit or you refused a test,
you may not be able to drive at all for 90 days to a year. If you are
convicted in Court, you may be faced with a suspension, but you may apply
for a probationary ('red') license. You can drive when you have a valid
license given to you by the Division of Motor Vehicles.
How to save your license if you're found guilty in court?
- Request a probationary license if you are suspended for excessive
What 4 preliminary motions should be filed, and the danger to you if they
- Motion to suppress evidence on the ground that you were
- Motion to suppress evidence on the grounds that there was an
unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it
should have been. You may not be told about evidence which would prove
7 defense tactics in pre-trial motions:
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the manner in which roadside tests were given
- Contest the use of a Portable Breath Testor.
- Contest the constitutionality of any search and seizure.
How to avoid the 10 biggest mistakes most people make after being arrested for DUI.
What Happens After A DUI DWAI Arrest?
There are usually both Motor Vehicle and Court Proceedings to which you must attend. Do not let your rights expire by inaction.
53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU
Mistakes the police make . . . and how they can help you.
The Top 10 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them
Rights in a Colorado DUI
It is very important to understand them.
Calculate Your Blood Alcohol Content
It makes a difference.
Colorado DUI Penalties
What you are facing. Get Out of Jail cards are not free.
What Can I Do to Save My License?
Fight to save your license! If you drive after losing your license, you face substantial penalties.
Maps, addresses, phone numbers. Where to request a DMV hearing to fight to save your license.
There are many possible challenges that can be made to the charges you are facing.