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Law Office of Monica S. McElyea, LLC

4.5
8 Reviews

  • Serving Collbran, CO and Mesa County, Colorado

  • Law Office with 1 lawyer1 award

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

  • DUI/DWI LawyersFamily Law, Divorce and 15 more

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Monica S. McElyea
DUI/DWI Lawyer
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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.

If I was arrested for DUI and reckless driving was I suppose to have my Miranda rights read to me?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
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Could I be arrested for DUI if I was sleeping in my car? How?

Cynthia Russell Henley
Answered by attorney Cynthia Russell Henley (Unclaimed Profile)
DUI/DWI lawyer at Cynthia Henley
Hire a lawyer. If a jury were to find that you were?"operating" a motor vehicle, you could be convicted. There is one really bad Texas case out there but it is ridiculous. You need to hire a lawyer ASAP to handle your ALR hearing, too.
Hire a lawyer. If a jury were to find that you were?"operating" a motor vehicle, you could be convicted. There is one really bad Texas case out there but it is ridiculous. You need to hire a lawyer ASAP to handle your ALR hearing, too.
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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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