O’Malley and Sawyer, LLC defends all types of DUI cases including felony DUI, driving while ability impaired, and driving under the influence of drug or marijuana. We have put together a few DUI frequently asked questions, and will continue to add additional questions and answers. If you have a DUI question, don’t hesitate to contact our office at (303) 830-0880.
No. Roadside tests, also known as field sobriety tests, are voluntary. You may politely decline to do these tests when approached by an officer. No explanation is necessary, even if it sounds like an order.
No, but refusing to take a blood or breath test will result in your license being suspended for one year. However, you may be able to reinstate your license early after sixty (60) days. We will guide you through the process of reinstating your license early so that you can drive as soon as possible.
Whether you choose to take a blood or breath test or refuse either, you have the right to a DMV express consent (EC) hearing. An experienced DUI attorney will be able to defend you both in court and at a DMV express consent (EC) hearing. It is important to request a DMV express consent (EC) hearing within seven (7) days after receiving a Notice of Revocation. Requesting a hearing will entitle you to keep your driver’s license until the hearing date.
B.A.C. is the acronym for Blood Alcohol Content. It measures the amount of alcohol in your blood. For example, the legal limit of 0.08 is reached when someone has 0.08 grams of alcohol in 100 milliliters of their bloodstream. In a breath test, a 0.08 is reached when someone has 0.08 grams of alcohol in 210 liters of their breath.
You have seven (7) days from the day you receive a notice of revocation from a police officer or from the DMV to request a DMV hearing. Failure to do so will result in your license being revoked on the 8th day. If a DMV hearing is requested within 7 days, then the temporary license will be extended until the date of the DMV hearing, which can be up to two months later.
By going, in person, to the Department of Motor Vehicles (DMV) office with your notice of revocation and driver’s license in hand. They will take your driver’s license and issue a temporary permit that is valid for up to 60 days or the day of your DMV hearing.
No. These are two entirely different legal matters. The DMV Hearing refers to the suspension or revocation of your driving privileges, whereas the prosecution can charge you with a crime. However, a court conviction can also restrict or suspend your driving privileges. DUI charges and DMV hearings are complex matters. If you have been charged with a DUI or DWAI, contact an experienced DUI lawyer right away.
Not without going over the facts first with an experienced Denver DUI Lawyer. While this may sound great at first, admitting to guilt may come with collateral consequences that you may not have considered. By contacting a skilled DUI defense attorney, they will help you sort out the facts so that your driving privileges and freedom remain intact.
That depends on whether you have any prior convictions for DUI or DWAI in the past. DUI laws are complex. If you have been charged with a DUI or DWAI and you have been convicted of either in the past, it is extremely important to contact O’Malley and Sawyer, LLC to discuss your options.