Mesa, CO DUI and DWAI Law Firms & Lawyers

Was your husband charged with vehicular assault? This is a drastically different charge than a simple DUI. Either way, he could be facing stiff criminal penalties, and potentially civil penalties as well for injury caused to the passenger or anyone else. There may be suppression issues or defense issues he could raised based on the specific facts, and an attorney would likely have a better idea of what those may be. He should consult with an attorney immediately, if he has not already, to get him assistance through the process.

This is something that has to be straightened out in California where the DUI apparently is pending.  This is not an unusual situation (so I am not sure why the person at DMV you spoke to said they had not seen it). There is an "Interstate Compact" between states. When a person fails to take care of a ticket in one state, it causes a hold on the persons license in their home state. The only way to remove it is to take care of the matter in California. Hire a lawyer in the county where the DUI ticket is pending and see how they can help you - it is the only way to straighten it out. 

If you take the misdemeanor conviction, it is a conviction.  While reckless is not as bad as DUI, if it's a reckless with alcohol involved it is priorable for 10 years like a DUI (likely jail time for second conviction).  If you fight and win, you can avoid having a conviction on your record.  If you lose, it's a DUI conviction.  .08 % means that with the machine uncertainty alone (+/- .01) you can beat the B count (driving with .08% BAC or above), not taking into account the accuracy/calibration maintenance etc. Beating the A count (impaired) has more to do with the driving and the FSTs. If you were pulled over for something that wasn't bad driving and if you did ok on the FSTs, then you can reasonably be expected to beat the A count. Be aware that the prosecutor can use the recent Vangelder case to limit your lawyer's ability to attack the B count on physiological grounds.   If you're worried about money, fighting this is not cheap.  Going to trial will involve 5-6 days of time at trial, lawyers fees, expert fees, et c. If you're more worried about your reputation and the fact that you probably weren't over .08% at the time of driving or impaired, then unless they are offering you a non-alcohol lesser offense, you risk little by going to trial.