DUI Defense in Teller County, Colorado

Alexis explains: "a blood test that's a little bit different now a breath test is only going to show if you have alcohol in your system so if you've been smoking anything and drinking and you can choose a breath test choose a breath test all day long because a breath test doesn't show marijuana in your system or anything else the cops can say well we think you've been smoking so we're not going to allow you to take the breath test because they know it won't show up either but if you think there are going to be multiple things in your system always take a breath test if you're given the option get to them"

Alexis explains: "A DUI in Colorado is more than a court case. In many situations, it's a direct threat to your professional career. If you're a nurse, a teacher, a realtor, or any other of the dozens of regulated Colorado professionals, a DUI case may cost you your professional license."

Alexis explains: "A good question that's come up with a lot of my clients is what happens if you're not quite at that 0.08, but you have some alcohol in your system. With the DMV, the way that they are set up, if you are below 0.08 they're not gonna revoke your license. Now, that doesn't mean that you're not gonna have issues with the criminal justice system. That's a completely separate entity, but for the purposes of the Department of Motor Vehicles, initially, if you're below that 0.08, they're not gonna revoke your license."

Alexis explains: "A lot of people ask, does the court system have the ability to influence the Department of Motor Vehicles' findings. Generally speaking, the DMV and the criminal justice system are completely separate. So things that happen at the DMV don't really affect what's happening in the court system. However, sometimes at DMV hearings we can get the officers to say things that are helpful to your case, and so attorneys will pull the information in the transcripts from that hearing and use it to benefit you in the criminal justice system."

Alexis explains: "a lot of the times, clients that come and are dealing with DUI's, they've lost their license well before they've even been to court for the DUI. So, it's completely separate, and it's a pain in the butt to try to understand."

Alexis explains: "a privilege to drive in a state is not the same thing as being licensed to drive in that state"

Alexis explains: "A question that's designed to elicit an incriminating response, for example, is how much alcohol did you have to drink? And you're sitting there in handcuffs? Now, the reason I said you're sitting there in handcuffs is that question, how much alcohol did you have to drink can be designed to elicit an incriminating response or cannot be. And what we see happening is it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read."

Alexis explains: "a summons is just a fancy word for a ticket so on your summons you'll have your name your information the alleged defense that they're saying the crime that you committed and then you'll have a date and a time to report you'll be asked to report either for a DUI case you'll be asked to report to County court on a certain date and then you'll be given that that summons which serves as a way to bring you into court"

Alexis explains: "actually in control of their vehicle or they're looking for some reason to stop someone because they think there might be something going on okay so some of the common things we see people speeding that's a surefire way to get pulled over because they don't even have to think you're driving they're just gonna pull you over and then if they smell alcohol that's it um weaving is huge if you can't stay in the lane of traffic and you're weaving we see a lot of times i cannot tell you how many clients of mine and if you guys if you're a drinker you may understand this sometimes you get hungry when you're drinking and you go to taco bell there you go cops sit outside of taco bell on purpose i'm not kidding i have i have a number they know that you need some tacos so i have a number of friends in law enforcement they're like yeah if it's a slow night i'll sit in front of a taco bell okay don't go to taco bell delicious though but if you get taco bell and you're driving home and you're wanting to keep your food warm and you want like grab a taco while you're"

Alexis explains: "After that halftime motion is made, then the defense has the opportunity to present any evidence. Now during this time in a DUI, like I said, a lot of the times you're not gonna have very much information to present in your defense, and you're not required to. You're considered innocent until proven guilty otherwise. So, the defense then presents their evidence if they have any and they rest. At that time the judge is going to go over jury instructions with the jury and this is an incredibly boring process just so you're aware. The judge is going to read from a book verbatim read the jury instructions to the jury. The jury's required to follow those instructions only."

Jimmy explains: "After you're arrested at the scene, officers will transport you to either a police station or a county jail. Where you go depends on where you arrested. In El Paso County, most DUI arrests end up at the Criminal Justice Center in Colorado Springs. In Douglas County, you're usually taken to the Douglas County Detention Facility in Castle Rock. In Denver, most people go to the downtown detention center. And in Arapo County, that's typically the detention facility in Centennial."

Jimmy explains: "After your arrest, officers transported you to a station or jail. And during that ride, they may have tried to talk to you casually. This is where people get into trouble. Anything you say, even small talk, can be written into a report and used against you."

Alexis explains: "again if people call us we can go to the dmv ask them to reinstate their license and they can get their license back within 30 to 60 days so long as we are able to get that dmv hearing in time now what's really really important to understand is if you refuse a breath test or a blood test or you take a breath test you only have seven days from the time you get pulled over to the time that your license is gonna be completely revoked you only have seven days to request that dmv hearing if you miss the deadline for the request you don't have a license for a year so that really stinks that's why we're always telling our clients call us as soon as you get pulled over yeah for"

Right Law Group's guide explains: "you face a mandatory 60-day minimum jail sentence that cannot be suspended , automatic designation as a "Persistent Drunk Driver," and potentially a five-year license revocation under the habitual traffic offender statute."

Alexis explains: "dui cases you're going to have to go if you are convicted or take a plea for anything that is an alcohol related offense if it's the dui if it's a dwai even if it's what we call a wet reckless if you have any of those please you have to do alcohol treatment and therapy"

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them"

Right Law Group's guide explains: "you may face fines, court costs, jail time, and community service, and you might lose at least some driving privileges – possibly all of them."

Right Law Group's guide explains: "• Ignition Interlock: Mandatory 2-5 years"

Alexis explains: "an arrest actually just means that you are restricted by law enforcement from movement you're not free to leave at some point in time it doesn't necessarily mean that you are going to be taken to jail"

Alexis explains: "And that can be good or it can be bad. It depends on the specific facts of your case. But there are times that the the blood has been lost in certain cases or it's damaged because of this high volume of work. So CBI could drop a file and then all of the evidence has gone against you. Sometimes they can be mislabeled, sometimes it can get damaged in transport when they're sent in the mail to CBI. But generally speaking blood results do take quite a while and you'll probably have your first or even second court date at court before we even have blood results because of that backlog that we have currently in the state of Colorado."

Alexis explains: "And the idea is the higher the bail amount, the less likely you are to skip town. That's why you see much higher amounts set for more serious cases like murder, whereas with a DUI case, you may only see, you know, a thousand to $2,000."

Alexis explains: "And the reason for that is a point one five is what the DMV labels as a persistent drunk driver. So they say that if you're above a point one five, you don't get any special allowances, but below a point one, five. So basically, you're looking at anywhere between a point oh a to a point 149."

Jimmy explains: "And then there's paperwork. This is one of the most important parts of the booking process. You'll receive multiple documents, a summon to court, bond paperwork, and one document that's absolutely critical, the express consent affidavit, or sometimes called the notice of revocation. This entire booking process can take anywhere from 2 to 6 hours, sometimes longer. It really depends on how busy the facility is, whether it's a weekend or holiday, and how cooperative the process as a whole has been."

Alexis explains: "And then you're gonna have these court dates. So you'll have a couple of different pre-trial conferences that you'll have to go to with your attorney. A few of them we can go for you and you don't have to worry about it, but for the majority of the time, you're gonna have to take time off work to come to court, sit there, be prepared to be there for an hour or two, and then go on."