Ault, CO DUI and DWAI Law Firms & Lawyers

As you have already learned, yes, the officer can arrest you. However, the more important issue is now, can the prosecutor convict you. One of the three (3) elements of a drunk driving (OUI) charge is Operation, along with public way and .08% alcohol in the blood or impaired operation as the other two elements. The element of Operation is your issue as you describe your situation. There are cases that say that even an admission by the operator, without some corroborating evidence is insufficient to establish Operation beyond a reasonable doubt, the standard in a criminal case. I advise that you call me or another lawyer to discuss your case in more detail. It sounds like you have a very triable case. Make sure you get a good attorney. You only have one chance to get this right.

I have helped people in this situation without a return. First is make sure you know why you are being denied a license. Often it is just an OJW fee or court costs - both of which can be paid via credit card to the court clerk in the county where you arrested.

Department of Motor Vehicles and criminal courts are completely separate. Unless the court orders the interlock, and I have not seen that, then it should not matter.