Many Colorado drivers are confused about the consequences of a first-time DUI offense. They might be reeling after spending a night in jail, confused because they never heard their Miranda Rights, and hoping to beat the charges or get them dropped altogether. First off, it’s important to note that every case presents its own unique challenges, and the only way to have your questions answered with certainty is to find Colorado DUI attorneys to represent you.
Still, there are some basic questions we can help you answer.
Q: I was never read my Miranda rights, so that means my case gets thrown out right?
It’s not that simple, unfortunately. Despite what you may have heard on TV, failing to hear your Miranda rights would only make statements you made after your arrest invalid, not your entire case. The officer can still present other evidence against you in court.
Q: Help! How do I get my license back?
First, you have seven days to take your notice of revocation to the DMV and request a hearing. If you go to the DMV within those seven days, they will give you a temporary permit allowing you to drive until your hearing. After that, the situation depends on whether or not you submitted to a breathalyzer test.
If you did fail a blood alcohol content test (0.08% for drivers over 21, 0.02% for drivers under 21), then your license will get suspended for 90 days. But if you refused to take the test, the DMV has the authority to suspend your license for an entire year.
Q: What if I need to drive to get to work?
In some cases, you can request a provisional license. This will extend your suspension from 90 days to six months, but you can often receive a provisional license to drive to work and other necessary appointments. But even then, there may be an initial 30 day period with no driving privileges.
Q: How can I increase my chances of getting my license back?
Once you request a hearing with the DMV, hiring Colorado DUI lawyers to represent you can increase your chances of a successful outcome. That’s because the best DUI lawyers understand all the intricacies of the law.
Q: I’ve been offered to plead down to a DWAI, should I go for it? What’s a DWAI anyway?
In Colorado, Driving While Ability Impaired is a lesser offense, and can apply to people caught driving with a BAC of 0.05%. Often times people charged for their first DUI offense will be offered a deal like this, and they will be pressured to accept it. However, you should never plead guilty to anything without reviewing your case with Colorado DUI attorneys.
Of course, it’s important to know that prior legal outcomes don’t guarantee you will be successful in court. But having Colorado DUI attorneys on your side to advocate on your behalf can ensure you get the fair hearing in court that you deserve.