Dillon, CO DUI and DWAI Law Firms & Lawyers

Miranda rights are only required if: 1. You are in custody; and 2. The police want to question you about the circumstances of the crime or offense. Both elements have to be present for Miranda rights to be required.

If this occurred in Colorado, then you were likely given a ticket for DWAI and the other traffic matters. You will not lose your license unless you have prior convictions. You have defenses. Do not worry about the DMV hearing part below since it does not apply under 0.08 BAC. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. There could be a number of reasons for the "no reading". Was this a hand-held unit at the time of your stop and arrest or was it a breathalyzer at the police station? I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.