Pueblo, CO DUI and DWAI Law Firms & Lawyers

The officer does need probable cause to pull you over. It can potentially be challenged at a suppression motion hearing. In California, if the officer has reasonable suspicion to believe you are driving under the influence, then there is a implied consent law for you to perform and complete a chemical test upon request, or else be charged with an enhancement refusal charge on top on the DUI.

If this occurred in Colorado, then you were likely given a ticket for DWAI and the other traffic matters. You will not lose your license unless you have prior convictions. You have defenses. Do not worry about the DMV hearing part below since it does not apply under 0.08 BAC. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

Since taking an alcohol evaluation is one of the conditions of probation, you woudl be in violation of probation by failing to take the 3evaluation. Also, on a first alcohol offense the only way the Judge can suspend all of the jail time is to order you to take the alcohol evaluation. So failing to take it likely woudl lead to some jail time.