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Sterling Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Sterling Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Nicholas E. Schaefer

  • 113 South Second Street, Sterling, CO 80751-4215

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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.

What if I was arrested for a DUI by an officer in training?

Laurie A. Schmidt
Answered by attorney Laurie A. Schmidt
DUI/DWI lawyer at 5280 Law Group
Then you will be prosecuted for DUI in the county that you were arrested in. Just because the arresting officer was in training status does not mean that your case will be dismissed, especially if the supervising officer was right there. Retaining a competent DUI lawyer in the local area of the arrest now ensures that your rights and/or any potential defenses are preserved.
Then you will be prosecuted for DUI in the county that you were arrested in. Just because the arresting officer was in training status does not mean that your case will be dismissed, especially if the supervising officer was right there. Retaining a competent DUI lawyer in the local area of the arrest now ensures that your rights and/or any potential defenses are preserved.
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Can my son get his DUI dismissed since he didn't take the breath test?

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Answered by attorney Russell S Pietryga (Unclaimed Profile)
DUI/DWI lawyer at Pietryga Law Office
Your son has a great case to defend. However, the breath test is just one piece of evidence. Usually, there is the following evidence in most DUI cases: driving patter; initial contact; field sobriety tests; preliminary breath tests; and finally breath test. So, as you can see, the case can still go forward, but the prosecutor is missing a lot of critical evidence to get a conviction. Because your son is on leave from the military, it can complicate it even further. Your son does not need a conviction on his record. This can effect his military career. For instance, it could prevent him from getting a security clearance. Additionally, he is going to have to deal with this while not being present, since he will not be here tell its conclusion. Lastly, your son needs to request a DMV hearing within 10 days of his arrest. If he loses his license, that will effect his base privileges.
Your son has a great case to defend. However, the breath test is just one piece of evidence. Usually, there is the following evidence in most DUI cases: driving patter; initial contact; field sobriety tests; preliminary breath tests; and finally breath test. So, as you can see, the case can still go forward, but the prosecutor is missing a lot of critical evidence to get a conviction. Because your son is on leave from the military, it can complicate it even further. Your son does not need a conviction on his record. This can effect his military career. For instance, it could prevent him from getting a security clearance. Additionally, he is going to have to deal with this while not being present, since he will not be here tell its conclusion. Lastly, your son needs to request a DMV hearing within 10 days of his arrest. If he loses his license, that will effect his base privileges.
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Can my son get his DUI dismissed since he didn't take the breath test?

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Answered by attorney Jennifer Leigh Gottschalk (Unclaimed Profile)
DUI/DWI lawyer at Law Offices of Richard Sparaco
A breathalyzer evaluation and the results from it are a piece of evidence used to support the charge of DUI. Refusing to submit to the breathalyzer in NJ is a separate offense (you cannot refuse in NJ). Your son can still be convicted of DUI merely based upon the officer's observations.
A breathalyzer evaluation and the results from it are a piece of evidence used to support the charge of DUI. Refusing to submit to the breathalyzer in NJ is a separate offense (you cannot refuse in NJ). Your son can still be convicted of DUI merely based upon the officer's observations.
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