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Avon Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Avon Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Avon Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • With over a century of collective legal experience, the attorneys of the Bagley Law Firm are among Colorado's best. From family law and criminal defense to personal injury,... Read More

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  • Serving Avon, CO and Eagle County, Colorado

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Leonard Higdon
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  • Serving Avon, CO and Eagle County, Colorado

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  • The Law Office of Monica S. McElyea, LLC provides experienced, reputable, and skilled legal representation in Summit & the surrounding mountain counties of Colorado.

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Monica S. McElyea
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  • 48 East Beaver Creek Boulevard, Suite 208, Avon, CO 81620, U.S.A.

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is there a statute of Limitations?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
The "statute of limitations" is the time the prosecutor has to file charges - so it sounds like charges were filed, you plead guilty to something and didn't do everything you were supposed to. So it is not a 'statute of limitations' problem. There are two issues in Colorado - one whether there is a warrant outstanding for your arrest for not complying with the sentence (it may have been removed due to age of the case) and (2) if Colorado has put a 'hold' on your drivers license for failing to fully resolve the DUI case.  If Colorado has put a hold on your license, the only way to have it released, so you could get a valid license in another state, would be to check with the Colorado DMV and see what they need you to do in order to release the hold. It could invovle just paying money, or it could require that you prove completion of an alcohol program, maybe have an Interlock device for two years, etc. You can contact Colorado DMV or check your CO DMV driving record online if you like, or hire a lawyer to do that and advise you of what you need to do. I'd be happy to help if you like. 
The "statute of limitations" is the time the prosecutor has to file charges - so it sounds like charges were filed, you plead guilty to something and didn't do everything you were supposed to. So it is not a 'statute of limitations' problem. There are two issues in Colorado - one whether there is a warrant outstanding for your arrest for not complying with the sentence (it may have been removed due to age of the case) and (2) if Colorado has put a 'hold' on your drivers license for failing to fully resolve the DUI case.  If Colorado has put a hold on your license, the only way to have it released, so you could get a valid license in another state, would be to check with the Colorado DMV and see what they need you to do in order to release the hold. It could invovle just paying money, or it could require that you prove completion of an alcohol program, maybe have an Interlock device for two years, etc. You can contact Colorado DMV or check your CO DMV driving record online if you like, or hire a lawyer to do that and advise you of what you need to do. I'd be happy to help if you like. 
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What are the consequences of a DUI in Colorado if no breathalyzer was taken?

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Answered by attorney Steven Joseph Pisani (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of Steven J. Pisani, LLC
If no chemical test was administered either via blood or breath analysis, the DMV will hold a hearing to determine whether you refused such testing. In Colorado, you must consent to a blood or breath test if there is suspicion of drunk driving. If the DMV determines that you refused such testing, then they can suspend your driving privilege. The length of the suspension is generally 1 year but could be longer based on your driving history.
If no chemical test was administered either via blood or breath analysis, the DMV will hold a hearing to determine whether you refused such testing. In Colorado, you must consent to a blood or breath test if there is suspicion of drunk driving. If the DMV determines that you refused such testing, then they can suspend your driving privilege. The length of the suspension is generally 1 year but could be longer based on your driving history.
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Facing possible first time dui charges how can i represent myself to get the sentence to probation and interlock

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
You really need to get the police reports from your case and then sit down with a lawyer to review it to give you a detailed explanation of the process and any defenses you have.  Then a discussion of mitigating things you can do (entry into the alcohol program is a good start).  Remember the drivers license issue (involving the Interlock) and what happens in Court are separate processes. With a BAC of .198 you are very close to required jail time even on a first offense. I am not clear from your statement about whether the .198 is the “PBT” result from the handheld breathalyzer on the roadside or the official result from the blood test or Intoxilyzer (plugged into the wall).   Do at least a consultation (1 hour review of your case) with a lawyer even if you don’t hire one to handle the whole case. It should cost an hour of the lawyers hourly rate.
You really need to get the police reports from your case and then sit down with a lawyer to review it to give you a detailed explanation of the process and any defenses you have.  Then a discussion of mitigating things you can do (entry into the alcohol program is a good start).  Remember the drivers license issue (involving the Interlock) and what happens in Court are separate processes. With a BAC of .198 you are very close to required jail time even on a first offense. I am not clear from your statement about whether the .198 is the “PBT” result from the handheld breathalyzer on the roadside or the official result from the blood test or Intoxilyzer (plugged into the wall).   Do at least a consultation (1 hour review of your case) with a lawyer even if you don’t hire one to handle the whole case. It should cost an hour of the lawyers hourly rate.
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