Lucerne, CO DUI and DWAI Law Firms & Lawyers

Expungement is not available for a conviction of DUI. It stays on your driving record forever as a misdemeanor conviction. If you were convicted in a District Court Jury trial, an appeal of right must be filed within 21 days after entry of the Judgment of Conviction/sentence or 21 days following an order denying a motion for a new trial, judgment notwithstanding the verdict, or a motion for rehearing or reconsideration if the motion was filed within the original 21 day period allowed. If those time limits have passed the only remedy available is a motion for leave to appeal to the circuit court and that must be filed within 6 months after the judgment and must be accompanied by an affidavit explaining the delay. If that has elapsed there is no remedy available to you.

If the court determines that there was no probable cause to stop, all the evidence seized-including the BAC- would be suppressed for trial. You would be required to file a motion to suppress prior to the trial.

Every crime carries potential jail or prison upon conviction. Yours is a misdemeanor with up to a year in jail The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential ?time? and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.