DUI Frequently Asked Questions
Musell Law 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 that is not listed on our DUI frequently asked questions page, contact Musell Law at (720) 454-3998.
1. Am I required to answer any questions asked by the officer who stopped me for a DUI?
You reserve the right to remain silent. Anything said will be used against you in court if it can help the prosecutor’s case. You may politely decline to answer any questions that the officer may ask.
2. The arresting Officer didn’t read me my rights; does this mean that I will win in court?
Not during a DUI traffic stop. This only applies when a person is in custody should they be read the Miranda rights. However, there are exceptions to this rule. The best rule of thumb is to remain silent whether the officer tells you to – or not.
3. If pulled over on suspicion of DUI, do I have to perform those roadside tests like balancing on one foot or touching my nose?
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.
4. Do I have to take a blood or breath test?
No, but a refusal to take a blood or breath test, will result in your license being suspended for one year. However, if you take the test and get a result that is over the limit, most likely your license will be revoked for 90 days if it is a first offense. This is a judgment call on your part.
5. Do I Keep My License?
Whether you choose to take these tests or not, you have the right to a DMV express consent (EC) hearing. They will determine if your license should be taken away. Requesting a hearing will entitle you to keep your driver’s license until the hearing date.
6. What does B.A.C. mean?
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 0.10 is reached when someone has 0.10 grams of alcohol in 100 milliliters of their bloodstream. In a breath test, a 0.10 is reached when someone has 0.10 grams of alcohol in 210 liters of their breath.
7. How can I keep my driver’s license after being arrested?
You have seven (7) days from the day of your arrest / citation to request a DMV hearing. Failure to do so will result in your license being revoked on the 8th day. This process starts when you receive the Order of Revocation/Temporary Driver’s License, which is normally at the time of arrest. 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.
8. How do I request a DMV hearing?
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.
9. Is my court appearance on the DUI charge the same as a 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 courts can charge you with a crime. However, a court conviction can also restrict or suspend your driving privileges.
10. The District Attorney has offered me a plea deal to a lesser charge with no jail time, should I take it?
Not without going over the facts first with an experienced Denver DUI Lawyer. While this may sound great at first, admitting to guilt may harm you in other areas such as probation status or license suspension. By contacting a skilled DUI defense attorney, they will help you sort out the facts so that your driving privileges and freedom remain intact.
11. Is jail mandatory?
That depends on the case. Contact Musell Law to discuss your options.
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