Some Colorado statutes indicate that jail is mandatory in certain situations. For instance, if you are convicted of DUI or DWAI and have a prior conviction for an alcohol driving offense, you could be facing a sentence of a minimum 10 days up to 60 days, or having felony charges filed. Also, for first offenders where the breath or blood test is .20 or higher within 2 hours of driving, you will also face a mandatory sentence of 10 days. Every case has its own facts and circumstances and there are numerous ways to try and avoid or minimize jail! Also, jail alternatives are often available. There are many factors to consider and you should discuss all the possibilities and probabilities with an experienced lawyer.

FAQs – Liberty Law Center

Q: Do you charge a consultation fee?

We offer Free Consultations on DUI, Criminal, and Traffic cases. Please call for our consultation fee on Family Law, Divorce, and Child Custody cases.

Q: What If I Hurt Someone When I Was Driving Under The Influence?

If you seriously injure someone while you are driving drunk, you may be charged with vehicular assault. This is a Class 4 felony with a potential prison sentence of four to 12 years. If you kill someone while driving under the influence, you could be charged with vehicular homicide, a Class 3 felony, punishable by prison time. When we defend a vehicular assault case, we get to work quickly to build a strong case. It is important to investigate the accident thoroughly. To do this, we may hire an accident reconstruction expert to interpret and analyze the evidence in your case. We go to the scene, interview witnesses, aggressively litigate motion issues, and whatever else is needed to build the strongest defense possible. Your very future and your freedom are at stake, and our attorneys take our DUI and DWI defense work very seriously. Our goal is to get the charges reduced, dismissed, or if necessary, take your case to trial. Please Call 719-578-1183 or 303-795-0662 OR E-mail us – lawyers@libertylawcenter.com

Q: What If I’m From Out Of State?

If you are a driver from another state, you are subject to the same laws and penalties as a Colorado-licensed driver. This also applies to the Colorado express consent laws. That means that as a condition of driving in Colorado, you agree to chemical testing if you are stopped by law enforcement. If you refuse a test, your driver’s license will most likely be revoked for one year. Even though you are not a Colorado citizen, this revocation can affect your driving privileges in your home state as well. We represent out-of-state drivers charged with DUI here in Colorado, and we can help you with DMV issues that arise from you refusing a chemical test. Depending on the county in which you were charged, we can often resolve the situation for out of state clients without them having to return to Colorado.

Q: What is an interlock device?

An interlock device on your car requires you to breath into it before the car will operate to make sure you have not ingested any alcohol. You have to pay installation and monitoring costs. The interlock must be installed on any car you drive or own. If you are caught driving a car that does not have the interlock, you may be charged with a new offense. If your interlock device detects alcohol, your car won’t start, and it will be reported to the DMV as a violation. These violations can lead to various penalties with the DMV. There are different interlock devices on the market and some clients have experienced problems with some of the units. Our attorneys can help advise you on how to deal with this situation if you are ordered to have an interlock installed in your car.

Q: I was under Revocation for some time and received a ticket. I have since gotten my license back and the district attorney is offering to allow me to plead guilty to a reduced charge. Should I take this offer?

Be careful. If you plead guilty to a traffic related violation that occurred while you were under Revocation/Denial/Suspension, the DMV is likely to once again revoke or suspend your driving privilege. Contact us to determine if the offer you are contemplating is a good one in your situation or to see if it can be improved. The district attorney is likely to indicate to you that you are facing mandatory jail when charged with Driving Under Revocation/Suspension/Denial (mandatory 30 days jail for alcohol related revocations). Faced with these startling possibilities it is easy to understand why any offer not involving jail would sound good. However, accepting the wrong disposition can lead to once again losing your license. Contact us and we can discuss those issues and any possible defenses you may have.

Q: How many points can I get before I lose my Driver’s License?

Depends on your age. If you are age 16-17 you are subject to suspension if you accumulate 6 points or more during any 12-month period or 7 points or more for the duration of your license. If you are 18-20 you are subject to suspension if you accumulate 9 points or more in any 12-month period, 12 points or more during any 24-month period or 14 points or more for the period of the license. If you are 21 or older you are subject to suspension if you accumulate 12 points or more in any 12-month period or 18 points or more over any 24-month period. However, for people under 21 years of age any drunk driving conviction, regardless of the number of points, results in a one-year revocation. It can be difficult to determine if you are in danger of losing your license. Remember that points are figured based on date(s) of violation(s), not the day you pay the fine or show up in court and plead guilty. It is also based on the age you were on the date(s) of violation(s). You can go to DMV and request a copy of your DMV record and try to figure it out yourself. If you have any doubt or uncertainty contact us, and one of our experienced attorneys will review your record and help you to understand it and minimize the effects of any new offense.

Q: Can I get a license to go back and forth to work or school?

If you driver’s license is revoked for excess alcohol, you may apply for early reinstatement after 1 month of no driving. However, you will have to install an interlock device in your car for 8 months. You can apply to remove the interlock early if you have 4 straight months without any problems, and your BAC was below .15. If your license is revoked for some other reason, the law often does not allow for restricted licenses to drive to work or school. A person under revocation for more than one year because of alcohol offenses may be eligible to apply for the Early Reinstatement Program. However, eligibility is very dependent on individual circumstances. Early Reinstatement requires placing an ignition interlock device in your car that requires you to breath into it before the car will operate to make sure you have not ingested any alcohol. You have to pay installation and monitoring costs. Persons who are suspended because they have too many points over a particular time frame, but who are not currently under revocation by DMV may be eligible for a probationary (restricted) license that allows driving for specified work, school, medical, or other purposes.

Q: What is the difference between a Revocation and a Suspension?

If you are revoked , you are generally not eligible for a work license or any other driving privilege unless you are eligible for a restricted interlock driver’s license. In some situations, you may be able to reinstate early. A suspension usually results from getting too many points and you are usually eligible for limited driving privileges for work, school and medical purposes if approved by the DMV.

Q: How do I request a DMV hearing?

If you refused the test or if you submitted to a breath test with a result at or above the limits stated above, you should have been served with a notice of revocation. This notice gives you 7 days to request a hearing. You can request a hearing at most DMV offices by simply walking in with the notice of revocation and your driver’s license. They will take your driver’s license if the cop has not already done so and issue you a temporary permit that is valid for up to 60 days or until you have your DMV hearing (which is usually at least a month after your request). If you chose a blood test you will be notified by mail if your test was at or in excess of the limit. If you receive such a notice look carefully at the notice as it will indicate how long you have to request your hearing. You will also have to determine if you want to have the officer show up at the DMV hearing. If the police officer is requested to show up and fails to do so your license will usually be returned and the DMV case will be dismissed. There are times and situations where it is more advantageous to not have the police officer show at the DMV. Perhaps crucial information is missing from his report and his showing up will only allow him to rectify the situation. We recommend that you contact our attorneys immediately after you have been charged and prior to requesting a DMV hearing even in the case of blood tests where results are not immediately available.

I was under Revocation for some time and received a ticket. I have since gotten my license back and the district attorney is offering to allow me to plead guilty to a reduced charge. Should I take this offer?

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