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Log Lane Village Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Log Lane Village 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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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 case for me if while talking to the magistrate, I hear the officer say I was only tested because my eyes were bloodshot shaky?

Answered by attorney Laurie A. Schmidt
DUI/DWI lawyer at 5280 Law Group
DUI prosecutions are very technical and highly scientifically. Typically, officers will testify that the first sign of intoxication that they notice is blood shot watery eyes. If they only articulable fact for arrest were your eyes, the arrest could have violated your fourth amendment rights- lack of probable cause. One issue I see with that argument is that you consented to a preliminary alcohol screening test, if this was pre-arret, a judge could find that the eyes and test results would most likely give the officer probable cause to arrest you. Those are legal arguments, you may have other defenses to the charges available to you, especially with a lower BAC. It would be work contacting a DUI attorney n your area.
DUI prosecutions are very technical and highly scientifically. Typically, officers will testify that the first sign of intoxication that they notice is blood shot watery eyes. If they only articulable fact for arrest were your eyes, the arrest could have violated your fourth amendment rights- lack of probable cause. One issue I see with that argument is that you consented to a preliminary alcohol screening test, if this was pre-arret, a judge could find that the eyes and test results would most likely give the officer probable cause to arrest you. Those are legal arguments, you may have other defenses to the charges available to you, especially with a lower BAC. It would be work contacting a DUI attorney n your area.
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What would happen if I took a breathalyzer test but the test came back with no results?

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Answered by attorney John F Brennan (Unclaimed Profile)
DUI/DWI lawyer at Musilli Brennan Associates, PLLC
You will need an attorney to represent you immediately. Do not speak about this to anyone, especially the authorities, until you have received advise of counsel.
You will need an attorney to represent you immediately. Do not speak about this to anyone, especially the authorities, until you have received advise of counsel.
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Can I be convicted of a DUI?

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Answered by attorney Steven Joseph Pisani (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of Steven J. Pisani, LLC
You have a "no control" defense to the charge of DUI. You have to be in actual physical control of the vehicle and intoxicated in order to be prosecuted for DUI. If you plead guilty, you will have a permanent conviction on your criminal record in Colorado, as well as have to pay thousands of dollars in court costs and fines. Contact a Colorado Criminal Defense or Colorado DUI Defense attorney as soon as possible. You may also need to request a DMV hearing in order to preserve your driving privilege.
You have a "no control" defense to the charge of DUI. You have to be in actual physical control of the vehicle and intoxicated in order to be prosecuted for DUI. If you plead guilty, you will have a permanent conviction on your criminal record in Colorado, as well as have to pay thousands of dollars in court costs and fines. Contact a Colorado Criminal Defense or Colorado DUI Defense attorney as soon as possible. You may also need to request a DMV hearing in order to preserve your driving privilege.
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