53 Things to Know About How To Get Out Of A DUI in Colorado
Under the new felony law, the stakes are now much higher if you have three prior lifetime convictions any where in the US.
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 guilty.
He has evidentiary problems in proving your blood alcohol level.
7 of the facts that must be proved before you can be found guilty:
As a driver
Of a motor vehicle
In the state of Colorado, while
Your blood alcohol level was over one of the prescribed limit or
You were substantially incapable of driving (driving under the influence) or
You were affected to to slightest degree in your driving ability.
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.
How the arresting officer's testimony can be impeached:
Failure to recollect.
5 requirements which must be followed for chemical and roadside tests to be valid:
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 breathalyzer test.
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 interrogate 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 against you.
The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it.
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 drive?
If your blood alcohol was over the legal limit or you refused a test,
you may not be able to drive at all for one or two months. If you are
convicted in Court, you may be faced with a suspension, but you may apply for a probationary ('red') license or a revocation, but after one month you would qualify for an interlock 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 points.
What 4 preliminary motions should be filed, and the danger to you if they
Motion to suppress evidence on the ground that you were unconstitutionally stopped.
Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.