Broomfield, CO DUI and DWAI Law Firms & Lawyers

Yes, you were intoxicated. The statute reads ".08 or above", not "above .08". In addition, you could be under a .08 and still be charged if your "operation of the vehicle was affected to an appreciable degree due to the consumption of alcohol and or drugs". Yes, the arrest was proper and state has a case.

Probable cause is a very easy standard. From what you say, PC is established. You are right in that submitting to a BAC is not mandatory; however, if you refuse to do so, the Department of Licensing will suspend your license for a minimum of one year, even if you were found not guilty of the DUI. This is what is called the "Implied Consent Law", which means that if an officer has reason to believe you were drinking, which appears to be the case, and you refuse, DOL can suspend your license. That is a civil proceeding. This is based upon the fact that a drivers license is not a right, it is a privilege and in exchange for a license to drive on the roads of the state, you agree to submit to a BAC test, if requested by an officer.

Each county is different. I would not say that .17 was unusual- although in Orange County he would need a six month DUI class. In LA, SAN Bernardino, or Riverside he would take the standard 3 month DUI class. He stands a good chance of having his license suspended for 1 year with no restricted license possible - because he is under 21. In most counties he will not do any jail although some counties he will need to do a week or two of Ankle Bracelet electronic monitoring or work release/caltrans/community service. He will get 3 years informal or summary probationthat's where you just promise not to drink and drive for 3 years - no pee test, no restrictions on leaving the state or country - no probation officer or anything like that. I'd be happy to represent him if he's in OC, LA, San Bernardino, or Riverside county for $1495 ($299/month payments) Aniko "MRS. DUI" Hoover, Esq.