Otero County, CO DUI and DWAI Law Firms & Lawyers

You can kiss the diversion good bye since you were, in all likelihood, in violation of the conditions placed upon you by the court in the DUI case. Max penalty on the DUI is 1 year in jail and $5,000.00 fine. There are mandatory minimum penalties, but since I know nothing about your criminal history, I cannot say. I can tell you, you have some major problems.

The fact that two police officers had contact prior to a third officer arresting your son does not necessarily mean that the State cannot prove the case beyond a reasonable doubt. The fact that two officers did not make the arrest may be a factor in determining if the third officer had probable cause to make the arrest. While police are not required to make an arrest, there is a public policy to arrest people suspected of DUI. The fact that the first two officers did not investigate DUI and allowed your son to call for a ride, support that there was not sufficient evidence to investigate for DUI. The fact that the third officer did not have the benefit of a field sobriety test or preliminary breath test to confirm or dispel the officer's suspicion of DUI would support that the arresting officer did not have probable cause to make the arrest. Your son should seek legal representation from an attorney experienced in DUI defense.