Kiowa, CO DUI and DWAI Law Firms & Lawyers

Your question is a bit unclear, but restitution in a criminal case and the ability of an insurer to seek reimbursement for money paid out in the same situation are two different things. They cannot "double recover" but it seems from your question that the amount they want was not included in the restittuion figure so it seems they would not double recover. Therefore you will have to deal with them and work it out, or they likely would sue you to recover it. 

Probable cause is a very easy standard. From what you say, PC is established. You are right in that submitting to a BAC is not mandatory; however, if you refuse to do so, the Department of Licensing will suspend your license for a minimum of one year, even if you were found not guilty of the DUI. This is what is called the "Implied Consent Law", which means that if an officer has reason to believe you were drinking, which appears to be the case, and you refuse, DOL can suspend your license. That is a civil proceeding. This is based upon the fact that a drivers license is not a right, it is a privilege and in exchange for a license to drive on the roads of the state, you agree to submit to a BAC test, if requested by an officer.

Possible but highly unlikely in those circumstances. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- 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. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.