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Vail Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Vail 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).
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  • 2121 North Frontage Road West, Suite 322, Vail, CO 81657+1 location

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  • Free initial consultations at any of my eight office locations! Here to help you in the areas of Criminal Defense, Personal Injury & Family Law.

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Mark S. Rubinstein
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  • Serving Vail, CO and Eagle County, Colorado

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  • The Law Office of Monica S. McElyea, LLC provides experienced, reputable, and skilled legal representation in Summit & the surrounding mountain counties of Colorado.

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Monica S. McElyea
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  • With over a century of collective legal experience, the attorneys of the Bagley Law Firm are among Colorado's best. From family law and criminal defense to personal injury,... Read More

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  • Serving Vail, CO and Eagle County, Colorado

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Leonard Higdon
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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 change the record on appeal if it has been filed?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. 
The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. 
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Can I be charged with a DUI after the fact with no positive tests?

default-avatar
Answered by attorney Robert E McCall (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Robert E. McCall
Of course they can. What would bar or prohibit police from filing a criminal complaint, no matter how weak? Citizens are receiving what they voted for, police agency's are making their own laws and rules since they know Obama Justice Department will not take action.
Of course they can. What would bar or prohibit police from filing a criminal complaint, no matter how weak? Citizens are receiving what they voted for, police agency's are making their own laws and rules since they know Obama Justice Department will not take action.
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If cops let you go with no bail on second offense DUI, how you know they filed charges?

Answered by attorney Laurie A. Schmidt
DUI/DWI lawyer at 5280 Law Group
You should check all of your paperwork very carefully. If the officer provided you a citation when you were released from jail -it more than likely include a date to appear and the address of the courthouse. You must appear at that hearing, do not be late. If there was no date, then you should periodically check the local county court (most have websites) for a potential warrant or contact the county court clerk directly to see if a case has been filed. Disclaimer: The response to this email does not constitute or create an attorney-client relationship. For additional information or a free consultation contact (303) 747-4686.
You should check all of your paperwork very carefully. If the officer provided you a citation when you were released from jail -it more than likely include a date to appear and the address of the courthouse. You must appear at that hearing, do not be late. If there was no date, then you should periodically check the local county court (most have websites) for a potential warrant or contact the county court clerk directly to see if a case has been filed. Disclaimer: The response to this email does not constitute or create an attorney-client relationship. For additional information or a free consultation contact (303) 747-4686.
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