Frequently Asked Questions About DUI
Have questions about your DUI case? I have answers.
- What is the BAC legal limit in Colorado?
- Can I decline to take a breathalyzer test?
- Do I have to go to jail?
- What if the police officer did not read me my Miranda rights?
- Am I required to take field sobriety tests?
- Can I speak to an attorney before taking a chemical test?
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
DUI attorney 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 a
Colorado Springs DUI lawyer can help you fight your charges.