PT20M39S
“right law group is a criminal defense firm we specialize in colorado springs and the surrounding areas we take anything from traffic cases to misdemeanors duis um some felonies pretty much anybody who wants to get their life back on the right path that's who we help awesome awesome that's great”
“focus on that first okay so dui cases it can actually be pretty complicated um obviously the best thing to do is if you get pulled over actually pull over don't run away but when you get pulled over some common tips are you know keep your hands on the wheel make sure that you're being respectful of the officer and don't try to make any sudden movements or anything like that then”
“what's going to happen is the officer is going to ask you questions you know you're being investigated for a dui if they say how much have you had to drink tonight now you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you”
“so they'll also ask to put you through some things that are called sfsts it's standard field sobriety tests a lot of you probably have seen these it's things like doing a walk and turn test standing on one leg some some people still do the touch your nose even though that's not standardized but going through these tests you can do them if you want but you do have the right to refuse to do them they're also”
“going to ask you if you want to take a breath or a blood test now this is something that a lot of people get confused on in the state of colorado you absolutely have the right to refuse testing some police will tell you that you can't refuse but you can you can say no i don't want to do any kind of test there are different questions as to whether you should do a test or not”
“if you do refuse a test then you are going to have your license immediately taken away now the good news is if you call our office right after that or any criminal defense firm in the in the colorado springs area we can then petition the the dmb to get you a restricted license so refusing even though you lose your license the cops will tell you you're going to lose your license for a year the most you'll probably lose it is about 60 days but with that if you choose to refuse they”
“can't look at anything that's in your system now if you choose a breath or a blood test you won't lose your license right away if it comes back under the legal limit so let's walk through like breath test versus blood test definitely um a lot of people get confused about the they call it the breath test or the intoxilizer people think that you've seen on videos and things where the cops come up to you they have like your little breathing thing and they blow into this that is not an intoxilyzer that is called a pbt or a preliminary breath test that is not admissible in court so if the cops shove something in your face and says your blow on this nothing that comes in from that is going to be an accurate reading and it's not something that they can use against you in court they're just trying to gauge whether or not you have been drinking if they get a positive hit on there and you see uh oh it shows that i'm above the legal limit you can then refuse and the courts are never going to be able to”
“use that against you the actual intoxilizer test is down at the police station so the cops will have to take you from your car to the police station where they do a very long process for the intoxilizer um what they do is they have like a 20 minute deprivation period meaning you have to sit there for 20 minutes not putting anything in your mouth not drinking or eating anything so that they get a clear read and then what they're going to do is have you breathe into it they're going to take a break and then they're going to have you breathe into it again that is an actual result and that will get you your bac or your blood alcohol content results immediately if it comes back above a 0.08 for that intoxilizer test they're going to take your license away but”
“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”
“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”
“if you take a blood test it's going to show everything that's in your system including non-drugs so i mean things like creatine show up so if you're drinking those creatine drinks those show up but if you do a blood test the benefit of doing a blood test is number one if you're not drunk take a blood test all day long show them you have nothing in your system number two if you know that you're not going to be over the legal limit like if you had one beer and you know it's not like one of those craft beers that's going to shoot you over the moon take a blood test it'll come back the other benefit of taking a blood test is you get to keep your license while you're waiting for blood results so while you're waiting for blood results the dmv is going to be processing the blood results um it can take anywhere from a couple of weeks to a couple of months so you're free to drive that whole time you'll get a restricted license it's like a paper license saying hey i'm waiting for my blood results um and you can you can drive until you get that dmv request in once the dmv letter hits saying hey you're over then again you have seven days to contact a lawyer to get on that um dmb hearing track so that's the sweet spot to call us yes right there basically as soon as you see that you're over the legal limit call a lawyer”
“immediately um because that is one thing that is incredibly crucial as far as timing for duis go the actual criminal side of things takes a lot longer to get to the court system awesome cool oh learn something every day um so once we are called and we are hired what happens after that with a dui case so every law firm operates a little differently i can tell you what right that's definitely um what we do at wright law group is we are really big on being very very communicative with our clients we make sure that our clients can text us call us email us facebook us whatever they need to do we actually have had a couple of clients call us from the back”
“of the cop car and then they leave their phone on that works that's perfect we'll start recording um so once you call our firm what we do is we start getting to work on your case requesting every single thing the state could possibly have against you to make sure we're building the absolute best defense possible so we're getting like police reports the body-worn camera evidence is huge in a dui case because so many times the police will sit there and say i did this and this and this because they're used to saying that but then you look at the body accumulated [Music] so the really cool thing about riot law group is we use online filing systems so we can send our clients all of their discovery and discovery just means police reports bodybuilding camera evidence if there's dash cam evidence um we send it all to our clients so they have a copy yeah a lot of firms don't do that and you have to come into the law firm to watch your body cam we want you to be able to see it you have a right to know what the state is bringing against you we're going to give it all to you so once we do that we request the discovery and then we go through to the court process that's the fun part”
“this gets going the real answer is it varies um so usually what happens is if you get a dui especially if you have a blood test the first time that you're going into court number one if you don't have an attorney they're gonna put you in a place at least in colorado springs um called the first appearance center or the fac um if you go to the first appearance center you are not going to see a judge you may not even see a real district attorney um they often have interns working there which isn't a bad thing people got to learn somehow but you're not going to really get anywhere um if you hire our lr firm or another law firm what we do is we get in there and we say we don't want you to waste our clients time take us out of that first appearance center so that we can actually get in front of a judge and get this case moving um so depending on when you hire a law firm that can cause a little bit of a delay um the other things that you need to know are we have pre-trial conferences and if we don't have the blood results yet because the colorado bureau of investigations is the one that processes them sometimes they get really behind especially around like new year's eve patrick's day yeah um so if they don't have blood results we can't really do anything on the case yet because we want to make sure we know what that bac is so usually you're looking at about one to three pre-trial conferences on a dui then it gets to a point called an arraignment at that time you've got to say okay this is um”
“with the court process i mean once you get to the arraignment you're either going to take a plea of some kind or you're going to set it for a trial and that's really where it's kind of branches off in the criminal case okay okay so um with that with either way once you know the end comes when you're getting your probation what you need to do what kind of um how long your license has gone is there any kind of general what happens or is it case by case you just kind of who your judge might be or you know that kind of thing”
“the short answer is yes it's all case by case but there are some really good tips that we can give you guys um a couple of things if you get a dui if it's a refusal a breath does a blood test anything there are a lot of steps that you can take up front to make sure that you're putting the best foot forward for the judge and for the da's if you're going to take a plea or if you go to trial and you're sentenced and found guilty you can start doing things proactively now when you have your license so many of our clients that have blood tests and they're in that waiting period we've talked about they have their license right now and i tell them go get all this stuff done as much as you can so you can start enrolling in level two alcohol classes it's a statutory thing everyone in colorado has to take them if you have a dui and you're convicted of one so you might as well get started early we actually have a couple of really good recommendations for people who a good friend of ours is actually doing alcohol treatment via zoom still so there are easy ways to get in and get going on this yeah um other things you can do start doing community service in colorado springs you have to sign up through front range community service center to get that done but you can start doing that and the other thing you can do is you can take the mothers against drunk driving panel it's an online course it's two hours it's going to be required for a first-time dui offender so you might as well get it done early and everything you do early from the time you get your dui to the time you're sentenced counts so a lot of the time getting that stuff done in advance will really help you at”
“the end point because a lot of my clients that i've worked with over the years don't want to be on supervised probation because they don't want a probation officer breathing down the neck which makes sense and probation costs money so if they're doing all these things in advance it can keep it so that they don't have to have a supervisor on probation they can do what's called unsupervised probation um and be able to just turn in everything either to the law firm to the courts directly oh perfect perfect yeah i was gonna say like we really like to jump get proactive get ahead of it come up to court ready to go we already have stuff um handled so”
“um with a dui case we do get a lot of questions about devices and cars and how does like that play in is this like everyone who gets a dui needs it is this after a couple duis what what how does that work um there are a couple different things at play so number one the d the dmv side and the criminal courts are completely separate but they do kind of talk to each other on some things so when you get a dui you are actually going to be dealing with the dmv first usually um and then the quartz so the dmv is a completely separate thing and unfortunately the dmv gets two bites at the apple so to speak so they can revoke you if you're over the 0.08 for alcohol or they can revoke you if you get a conviction”
“so if you refuse a test and you are going through the criminal court system the dmv will still be notified of that and you may have to get an interlock device installed in your car if you blow hot on a on a breath test or you do a blood test and it comes back and they revoke you you'll have to get an interlock now the way that we get people's licenses back early is by having that interlock device installed”
“and the rules around when you have an interlock uh depend number one on how many dui's you've had and number two what your bac or your blood alcohol content is so if you have like below a 0.15 so the legal limit for driving if you're over 0.08 that is driving under the influence if you're below 1.15 so almost two times that limit um a lot of first-time offenders will only have to keep an interlock device installed in their car for nine months and a really cool thing that a lot of interlock providers do we we work primarily with intoxilock just because they give our clients discounts which is super cool um but a lot of things that intoxilizer provider providers will do is they'll say well if you go a certain number of months without having any hot hits or any issues we'll let you off early so they can send a petition and the shortest i've seen someone having intox and toxolock in their car was three to four months because they were doing totally fine every time they got in they didn't have any issues um”
“but personally intoxilizers in your car kind of scare me because you have to blow into them while you're driving um and anytime it dings you have to blow and you have to blow long on hard enough which this sounds kind of dirty we are live talking about blowing into things in the car um so but you have to make sure that you've got the breath behind it to support it you have to make sure that you don't have anything that could register as alcohol going on either i've actually had clients who a lot of you may know about the keto diet where you're trying to eat only like a high fat diet yeah you actually produce a lot of acetone in your breath when you're on that diet and that can register as a heart attack yeah yeah it's crazy so there are a lot of different components even though there are some basic tips that we can give you guys for duis there are a lot of different nuances with that but for the most part um someone with an intoxilyzer in their car is going to be going for it's called an interlock but um with an interlock device they'll be looking at any anywhere between four to four months to 24 months depending on the severity okay and then”
“sometimes they can lessen if you're doing doing your thing i mean good choices as with anything if you make the right choices you're going to have a much easier time exactly exactly and then is that something that you get approved like through that interlock company is it the dmv is it the court how do you how do you get off that's a great question how do you get out of that how do you stop blowing yeah so with the the interlock device in your car um you have to get a private company to install it honestly i tell people that have really nice cars you want to get a like a bang-up car because it can really mess with your systems um sometimes the installation you want to go to a certified installer because if you get some janky like back alley person installing it they can mess up with all of your systems in your car then you might get pulled over again because it might turn your headlights off um so you want to make sure you have a certified interlock provider put it in your car um the ignition won't start unless you blow into the device and then they are reading it so these things are pretty sophisticated it has like a little tube that you blow into that measures your bac and then they've got a camera mounted on the dash so they are looking at you when you're blowing into it this is a big deal because if you get in your car and you're drunk and you ask your passenger to blow into it for you they will see that they're gonna see it they take pictures good luck yeah so you'll be on candid camera there we go um but to get it out of your car you have to talk to your interlock provider and say hey am i able to get off early they'll send a note to the dmv and they'll say we have not had any issues with this person we're good with them getting off early and then the dmv will process that so it's kind of a joint effort yeah yeah yeah that's good to know um”
“another question that well just more give you guys information of what also comes along with dui charges do you just get pulled over you get a dui is it only people are also speeding is it are there typical general combined charges with that that is a great question i can talk all day about this i'll try to be brief yeah so the basic idea is the police cannot contact you without a reason um in legalese we call it reasonable articulable suspicion that criminal activity is afoot”
“but basically it's a reason the police have to have a reason to contact you um when they are out there are sometimes when the cops know that you're probably going to be driving drunk number one don't ever drive drunk we're not telling you to do that but if you are out there and you're doing something not smart just know they can set up dui checkpoints um a lot of the times that's happening at like big event times like st patrick's day and new year's eve but the police are also watching to see how people on the roads are driving and they're doing that at all times but especially at night usually they start really really watching for duis around three o'clock in the afternoon to about eight or nine in the morning so what they're looking for is they're looking for signs that someone is not”
“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”
“driving and your car weaves they're gonna get you so weaving is terrible taco bells are sure indicated that you might be drunk or high especially if it's two o'clock in the morning with that late night menu um other things that they're looking for the biggest thing that you can prevent is not having lights on people you know if you're in a new car or a rental car especially or you just aren't thinking about it you have to have your lights on because they will pull you over in a heartbeat if your lights aren't on they'll also pull you over for a broken tail light um if one's busted if one's out if your lights are dim so it's really important to make sure you know what your car looks like at night because the police definitely know what your car looks like and they're looking”
“if you guys have questions you can text us our phone number to text is 719-822-6227 you can also leave us facebook messages if you want it to be private or you can post on our facebook wall you can hit us up privately you can call our firm anything if you guys have ideas even if you're not um dealing with a criminal case yourself but you have questions that your friends have asked or something shoot us a message and we'll make a video about it we're really trying to make sure that we're getting the information out there we as a law firm are not one of those firms that's trying to hide the ball we definitely think you need a criminal defense attorney if you're facing criminal charges but we want to give as much information as possible to colorado springs so that you guys are informed you know what's happening and you're a little smarter at the end of friday yeah there we go yeah definitely um yeah so that's gonna be that's gonna be it for today guys thank you for uh for tuning in um and yeah let us know if you have any questions or need any help or anything like that but have happy friday”