Category Archives: DUI

DUI Breath Test, Blood test, or Refusal?

DUI Breath Test, Blood test, or Refusal?

DUI Breath Test, Blood Test, or Refuse all tests?
DUI Breath Test, Blood Test, or Refuse all tests?

An officer begins a DUI investigation on you. He asks you how much have you had to drink. He asks you to perform roadside sobriety tests. Then he arrests you for DUI. He is required to give you a “express consent” advisory where you must choose a dui breath test or a blood test. You have a very short time to decide.

DUI Blood Test

The officer will take you to detox or the jail where a medical professional, usually a nurse or EMT, will draw two vials of blood from your arm. Either the police crime lab or a private lab will conduct a test on the blood they receive and give the police the results.

If the result is 0.08 or above, the police will forward that result to the Department of Revenue (DMV) which will send you a suspension letter that will be effective one week later. You have a right to a suspension hearing and SHOULD REQUEST A HEARING IN WRITING WITHIN 7 days. See the Department of Revenue site for more information.

Unlike a DUI breath test, a second sample exists for independent testing. We will be sending the second vial to another lab for verification that the two vials of blood came from the same person, and that the result is similar to the vial tested by the crime lab. Some of the ways we attempt to get your case dismissed or reduced include blood draw problems, lab errors, blood storage problems, chain of evidence problems, etc.

If the suspension is sustained, and you have a Colorado drivers license, you will be eligible for a restricted license with interlock after 30 days of no driving.

Call a lawyer for help with what to do next. Solomon Law represents many, many DUI charges and can help you decide what is best for you in your case.

DUI Breath Test

The officer will take you to jail or detox and have you wait for 20 minutes while he completes paperwork. This 20 minute observation period is required in a DUI breath test to ensure you did not burp, vomit, belch, drink more alcohol, etc. The officer will have you blow into a mouthpiece two times and the machine will record the lower of the two results.

Currently in Colorado, no facility exists to make an independent test of your DUI breath test. What the machine says will be the only test result in your case. Some of the ways we attempt to get your case dismissed or reduced include problems with the machine, problems with the certification process of the facility to conduct breath tests, etc. We are able to aggressively attack the ability of Colorado to use the Intoxilyer-9000 results of the DUI breath test in your case.

If the result of you DUI breath test is 0.08 or above, the police officer will immediately issue you an “express consent” notice of revocation, and forward it to the Department of Revenue (DMV). This notice of suspension is effective within 7 days. You have a right to a suspension hearing and SHOULD REQUEST A HEARING IN WRITING WITHIN 7 days. See the Department of Revenue site for more information.

Call a lawyer for help with what to do next. Solomon Law represents many, many DUI charges involving a DUI breath test and can help you decide what is best for you in your case.

Refusal

If you refuse any chemical testing of your blood or breath, this will be used against you at trial. The officer will be able to testify to the things he saw, smelled, and heard you say. However, the state’s case is usually weaker without a level of your blood or breath alcohol.

The police officer will issue you an “express consent” notice of revocation for the refusal. He will forward it to the Department of Revenue (DMV). This notice of suspension is effective within 7 days. You have a right to a refusal suspension hearing. You SHOULD REQUEST A HEARING IN WRITING WITHIN 7 days. If the suspension is sustained, and you have a Colorado drivers license, you will be eligible for a restricted license with interlock after 60 days of no driving.

Call a lawyer for help with what to do next. Solomon Law represents many, many DUI charges and can help you decide what is best for you in your case.

Advice

Call a lawyer for help with what to do next. Solomon Law represents many, many DUI charges and can help you decide what is best for you in your case.

 

DUI Minimum Jail Sentences

DUI Minimum Jail Sentences

DUI and DWAI cases in Colorado require DUI minimum jail sentences in many cases. When trying to understand when these minimum jail sentences apply, two facts are the main factors to know about your case. First, if the new case is an alcohol based DUI, what was the alleged blood alcohol content? Second, do you have any prior lifetime DUI/DWAI convictions?

DUI Minimum Jail Sentences in Colorado
Let Mark Solomon help with your DUI – don’t go to court without alone

 

Blood Alcohol Content and DUI Minimum Jail Sentences

In Colorado, DUI Minimum Jail Sentences apply when the blood alcohol is “high” according to statute: 0.20 or higher. If the BAC is 0.20 or higher on a first offense, the law requires a person to be sentenced to at least 10 days in jail. However, if the person is working at the time, a good chance exists that those 10 days of jail can be served on in-home-detention with an ankle monitor. In home detention allows a person to go to work and medical appointments, but nowhere else. Courts can also allow a person to spend those days serving a DUI minimum jail sentence on work-release, where the person spends nights at the jail, but is allowed to leave for the day to work. The determination of whether a person is allowed either of these two alternative sentences is up to the judge. Having a good DUI defense attorney may make the difference in spending time in jail or being allowed one of these sentences that allows you to keep your job.

Prior convictions and DUI Minimum Jail Sentences

Any prior lifetime alcohol or drug driving conviction is considered a “prior offense” in Colorado, with no time cutoffs at all. So, a 20 year old DUI conviction would trigger a DUI minimum jail sentence in Colorado if charged with a new DUI/DWAI offense.

SECOND OFFENSE DUI MINIMUM JAIL SENTENCES

A second offense requires a 10 day minimum jail sentence. If the prior offense is more than five years old, the law allows alternative sentencing like in a first offense with a high blood alcohol content. The law requires a person to be sentenced to at least 10 days in jail. However, if the person is working at the time, a good chance exists that those 10 days of jail can be served on in-home-detention with an ankle monitor. In home detention allows a person to go to work and medical appointments, but nowhere else. Courts can also allow a person to spend those days serving a DUI minimum jail sentence on work-release, where the person spends nights at the jail, but is allowed to leave for the day to work. The determination of whether a person is allowed either of these two alternative sentences is up to the judge. Having a good DUI defense attorney may make the difference in spending time in jail or being allowed one of these sentences that allows you to keep your job.

However, if the prior offense is within five years of the new charge, the 10 day minimum jail sentence must be served in jail, as 10 consecutive days without any time off for good behavior.

THIRD OR MORE OFFENSE DUI MINIMUM JAIL SENTENCES

A third offense requires a 60 day minimum jail sentence. However, many judges and prosecutors will want far more jail time under a plea agreement or if you are convicted at trial. Once a person has is facing his fourth conviction, he should expect the judge to sentence him to the full 365 days in jail. Time off for good behavior does not apply to the first 60 days of such a jail sentence and must be served as consecutive days in jail.

This is why many people decide to go to trial when facing a DUI charge with three or more prior DUI convictions. The minimum jail sentence is enough to cause a person to lose their job and possibly their home, so trial becomes the only way to have a chance of keeping the DUI case from starting their life over when they are released from jail.