AV Preeminent Peer Rated Attorneys
Flagler 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).
AV Preeminent Peer Rated Attorneys
Flagler Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Flagler 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).

Stephen W. Monks

  • Limon, CO 80828

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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 my son get his DUI dismissed since he didn't take the breath test?

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Answered by attorney Terry Alan Nelson (Unclaimed Profile)
DUI/DWI lawyer at Nelson & Lawless
Get his DUI dismissed since he didn't take the breath test? NO. That refusal got him an automatic suspension of his license by DMV, in addition to whatever the court does. My observations for you son: You can be charged solely on the basis of the officer's observation, just like any criminal or traffic offense. You also committed 'contempt of cop' by the refusal. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at tne scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Get his DUI dismissed since he didn't take the breath test? NO. That refusal got him an automatic suspension of his license by DMV, in addition to whatever the court does. My observations for you son: You can be charged solely on the basis of the officer's observation, just like any criminal or traffic offense. You also committed 'contempt of cop' by the refusal. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at tne scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
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I got a driving while imparred case n got arrested for it when I was sober. Just cause I failed the subriaty test b

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
DUI cases are very complex.  You will need a lawyer to help you.  If they are saying you refused to take a blood or breath test, that is both good and bad in the case - if you truely were sober then taking a test would have probably shown that, so it may have been a mistake to not take a chemical test of your blood or breath. The roadside testing is somewhat subjective in it's scoring so the officer can be challenged on that. Hire, or at least speak to, a lawyer, or if you qualify financially for the public defender let them represent you.
DUI cases are very complex.  You will need a lawyer to help you.  If they are saying you refused to take a blood or breath test, that is both good and bad in the case - if you truely were sober then taking a test would have probably shown that, so it may have been a mistake to not take a chemical test of your blood or breath. The roadside testing is somewhat subjective in it's scoring so the officer can be challenged on that. Hire, or at least speak to, a lawyer, or if you qualify financially for the public defender let them represent you.
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Could I be arrested for DUI if I was sleeping in my car? How?

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Answered by attorney Andrea Rogers (Unclaimed Profile)
DUI/DWI lawyer at The Rogers Law Firm
The prosecutor can legally charge you with DUI even if you are asleep in your car because there is the possibility that you were either driving drunk and pulled over to sleep it off, or you would wake up soon and decide to drive home while you were still drunk. This happens all the time. Hire an experienced DUI attorney to represent you if you want to avoid having a DUI conviction on your permanent record.
The prosecutor can legally charge you with DUI even if you are asleep in your car because there is the possibility that you were either driving drunk and pulled over to sleep it off, or you would wake up soon and decide to drive home while you were still drunk. This happens all the time. Hire an experienced DUI attorney to represent you if you want to avoid having a DUI conviction on your permanent record.
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