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Law Office of Cameron C. Secrist, P.C.

  • 9 E. Montezuma, Cortez, CO 81321, U.S.A.

Kelly R. McCabe P.C.

  • 22 E. Main Street, Cortez, CO 81321, U.S.A.

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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.

Can I be convicted of DUI if I wasn't the one driving?

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Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
No. The DA has to prove that you are the driver. The "D" in DUI is for driving.  The statutes are worded to require driving.  At least that's the case in California.
No. The DA has to prove that you are the driver. The "D" in DUI is for driving.  The statutes are worded to require driving.  At least that's the case in California.
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If the officer didn't see me drive can he arrest me for DUI?

Nathaniel D Shafer
Answered by attorney Nathaniel D Shafer
DUI/DWI lawyer at Natty Shafer Law
It all comes down to your credibility versus the officer's credibility. Generally, juries and judges tend to favor police more than citizens when they are assessing who to believe, but specific places in the country that isn't true. I would talk to a lawyer and see if there are any issues for suppression and have someone who can look over all the facts give you an honest assessment.
It all comes down to your credibility versus the officer's credibility. Generally, juries and judges tend to favor police more than citizens when they are assessing who to believe, but specific places in the country that isn't true. I would talk to a lawyer and see if there are any issues for suppression and have someone who can look over all the facts give you an honest assessment.
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Is there anything I can do to overturn a guilty DUI verdict?

Paul David Stanko
Answered by attorney Paul David Stanko
DUI/DWI lawyer at Paul Stanko
After a jury trial, guilty verdict, and sentencing, you have just 30 days to file a Notice of Appeal with the trial court. After that, your only recourse is post-conviction relief. Either way, jury verdicts are rarely overturned, as the Court of Appeals will not reweigh the evidence. You should consult with an attorney familiar with the appellate process immediately to determine what, if any, options you have.
After a jury trial, guilty verdict, and sentencing, you have just 30 days to file a Notice of Appeal with the trial court. After that, your only recourse is post-conviction relief. Either way, jury verdicts are rarely overturned, as the Court of Appeals will not reweigh the evidence. You should consult with an attorney familiar with the appellate process immediately to determine what, if any, options you have.
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