Frequently Asked Questions About DUI

Have questions about your DUI case? I have answers.

What is the BAC legal limit in Colorado?
Blood-alcohol content (BAC) measures the amount of alcohol in your blood. If your blood-alcohol content is tested at .08% or greater, this is considered to be over the legal limit and you can be charged for driving under the influence. Underage drivers face even stricter regulations.

Can I decline to take a breathalyzer test?
Refusing to take the breathalyzer test is not advised, as it will result in penalties, such as an automatic license suspension. You may have your license suspended for a longer period by the DMV than if you had taken the test, even if you are not convicted of the DUI.

Do I have to go to jail?
If this is your first offense, most likely not. However, a repeat offense could mean facing a minimum of a few days or even up to a year in jail. No matter your situation, you should make sure you have a tough defense to protect your freedom.

What if the police officer did not read me my Miranda rights?
While in most cases officers are required to read you your rights, they only have to do this once an arrest has taken place. If you give evidence to them prior to being arrested, they don't need to warn you that anything you say can be used against you. Further, just because an officer failed to read your rights during an arrest, doesn't mean your case will be dropped.

Am I required to take field sobriety tests?
These tests are voluntary so you may refuse them. The officer may not tell you this, however. So long as you are over 21 years old and don't have a record, you should refuse these tests since they are fairly subjective and the officer can use them to affirm probable cause to arrest you. You do not need to give an explanation as to why you refuse, just politely decline.

Can I speak to an attorney before taking a chemical test?
No—you cannot wait to speak with an attorney before deciding if you should take a blood or breath test. If you insist on asking for a lawyer before choosing, the officer will consider this a test refusal and you will lose your license. While this may seem to be a violation of your rights, it is allowed under the law. The good news is that an attorney can help you fight your charges.