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Berthoud Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Berthoud Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Walter M. Kelly II
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  • Serving Berthoud, CO and Larimer County, Colorado

  • Law Firm with 12 lawyers2 awards

  • We are Colorado's longest established law firm, representing Coloradans since 1871. We pride ourselves in taking care of clients from cradle to grave. If we cant help you with... Read More

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Theodore J. Finn
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  • Serving Berthoud, CO and Larimer County, Colorado

  • Law Firm with 2 lawyers2 awards

  • Top Criminal Defense Law Firm with more than 60 years of combined criminal defense experience. When charged with a crime, time is of the essence and it is imperative that you get... Read More

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  • Serving Berthoud, CO and Larimer County, Colorado

  • Law Firm with 9 lawyers3 awards

  • With over a century of collective legal experience, the attorneys of the Bagley Law Firm are among Colorado's best. From family law and criminal defense to personal injury,... Read More

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can i change the record on appeal if it has been filed?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. 
The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. 
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What if I was arrested for a DUI by an officer in training?

Answered by attorney Laurie A. Schmidt
DUI/DWI lawyer at 5280 Law Group
Then you will be prosecuted for DUI in the county that you were arrested in. Just because the arresting officer was in training status does not mean that your case will be dismissed, especially if the supervising officer was right there. Retaining a competent DUI lawyer in the local area of the arrest now ensures that your rights and/or any potential defenses are preserved.
Then you will be prosecuted for DUI in the county that you were arrested in. Just because the arresting officer was in training status does not mean that your case will be dismissed, especially if the supervising officer was right there. Retaining a competent DUI lawyer in the local area of the arrest now ensures that your rights and/or any potential defenses are preserved.
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Can I be charged with 23152(b) if I refuse the BAC tests?

Answered by attorney Jason William Savela
DUI/DWI lawyer at The Savela Law Firm, P.C.
Yes you can be charged with DUI. You cannot be charged with DUI-Per Se bc that requires a test. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Yes you can be charged with DUI. You cannot be charged with DUI-Per Se bc that requires a test. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
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