If you are charged with driving under the influence of alcohol, you have two cases to fight: the criminal charges in the County Court and the Express Consent Revocation Hearing at the Motor Vehicle Department. The purpose of the Express Consent Revocation Hearing is for the state to revoke your driving privileges if your blood alcohol level is .08 or higher, or if you refuse to submit to a blood test or breath test. The revocation period for a first offense is nine months. The revocation period for a second offense is one year. The loss of your driving privileges at this hearing is separate and apart from any punishment you may suffer in the criminal case.
Was the initial contact by the police lawful?
Did you:
Admit bad driving to the officer? If so, why?
Did you admit drinking to the officer? If so, why?
Did you perform physical roadside sobriety tests? If so, why?
Did you give the arresting officer a breath sample at the scene of your arrest? If so, why?
How will you prepare your case to save your driving privileges at the Motor Vehicle Department hearing?
What evidence must be introduced against you in order to sustain the revocation of your driving privileges at the Motor Vehicle Department hearing?
What legal arguments should you make to try to save your driving privileges at the Motor Vehicle Department hearing?
Should you present witnesses to testify on your behalf at the Motor Vehicle Department hearing?
Should you testify at the Motor Vehicle Department hearing?
Should you have your second tube of blood picked up and retested at an independent laboratory?
What can be done to try and save your driver’s license?
Do you have to perform physical roadside sobriety tests?
If the officer asks, do you have to provide a breath test where you were stopped?
Is there any penalty for not performing physical roadside sobriety tests?
Is there any penalty for not providing a breath test where you were stopped?
How will you successfully argue that the evidence you gave to the police should be suppressed, meaning excluded, and not used against you at the Motor Vehicle Department hearing and in the criminal case?
Was the intoxilyzer you blew into at the police department certified as being accurate?
At the time you blew into the intoxilyzer, was it functioning correctly?
Was the police officer who operated the intoxilyzer certified to do so?
Can you obtain the maintenance and repair logs for the intoxilyzer?
What is a forensic toxicologist?
Do I need a forensic toxicologist to review the maintenance and repair logs of the intoxilyzer I used?
Was your contact with the police taped?
Can I refuse to provide a blood or breath sample to the police?
Is there any penalty for not providing a blood or breath sample?
Is it better to provide a blood sample?
Is it better to provide a breath sample?
Is it against the law to drive if you are impaired by prescription medications?
Is it against the law to drive after using prescribed medical marijuana?
Can I be convicted of D.U.I. for operating a scooter with an engine under 50 cc?
It is impossiible for you to defend a D.U.I. case without a Colorado D.U.I. attorney. You cannot know what the legal issues are or the right questions to ask. If you want to talk with a Denver D.U.I. attorney, feel free to call me at my cell phone number: 720-270-2500, or at my office: 303-694-2500. If you miss me because I am in court frequently, please leave your number and a time I can call to reach you.
