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Nucla 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).

Law Office of Monica S. McElyea, LLC

4.5
8 Reviews

  • Serving Nucla, CO and Montrose County, Colorado

  • Law Firm with 1 lawyer1 award

  • The Law Office of Monica S. McElyea, LLC provides experienced, reputable, and skilled legal representation in Summit & the surrounding mountain counties of Colorado.

  • DUI/DWI LawyersFamily Law, Divorce, and 15 more

  • Free Consultation

  • Offers Video

Monica S. McElyea
DUI/DWI Lawyer
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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 be charged with a DUI a week after the accident occurred?

Jason William Savela
Answered by attorney Jason William Savela
DUI/DWI lawyer at The Savela Law Firm, P.C.
You can be charged. But, it will be difficult to convict where the investigating officers did not have reason to investigate intoxication.
You can be charged. But, it will be difficult to convict where the investigating officers did not have reason to investigate intoxication.

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

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Answered by attorney Joseph Briscoe Dane (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Joe Dane
He has several issues. First - the DMV can take action against his license unless he sets up a hearing to challenge the suspension. He only has 10 days from the date of arrest to do that. Next - the court case. The prosecution must prove driving under the influence. If one officer let him go, clearly he wasn't obviously intoxicated. Then, a SECOND officer wasn't going to arrest him. He has a good argument against the DUI. There is a second charge of driving with 0.08% or more. I wasn't clear in your question if he refused all tests or just the one in the field (the handheld breathalyzer). This is definitely worth consulting an attorney over.
He has several issues. First - the DMV can take action against his license unless he sets up a hearing to challenge the suspension. He only has 10 days from the date of arrest to do that. Next - the court case. The prosecution must prove driving under the influence. If one officer let him go, clearly he wasn't obviously intoxicated. Then, a SECOND officer wasn't going to arrest him. He has a good argument against the DUI. There is a second charge of driving with 0.08% or more. I wasn't clear in your question if he refused all tests or just the one in the field (the handheld breathalyzer). This is definitely worth consulting an attorney over.
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Can my son get his DUI dismissed since he didn't take the breath test?

Philip Daniel Hache
Answered by attorney Philip Daniel Hache
DUI/DWI lawyer at Law Offices of Phil Hache
The citation and charges will not include the blown headlight as they have the DUI which is a much more serious charge, so they don't worry about the infraction on the charging document. If your son refused to do a breath or blood test, it is likely that they are also going to charge him with a refusal enhancement to increase the potential penalty. It can be helpful in defending the case if other officers pulled him over minutes earlier and let him go, but it is very unlikely that the charges will just get dismissed because of that, and as I mentioned earlier, refusing the breath test actually increases the potential penalties. He needs to have an experienced DUI attorney review and handle this case.
The citation and charges will not include the blown headlight as they have the DUI which is a much more serious charge, so they don't worry about the infraction on the charging document. If your son refused to do a breath or blood test, it is likely that they are also going to charge him with a refusal enhancement to increase the potential penalty. It can be helpful in defending the case if other officers pulled him over minutes earlier and let him go, but it is very unlikely that the charges will just get dismissed because of that, and as I mentioned earlier, refusing the breath test actually increases the potential penalties. He needs to have an experienced DUI attorney review and handle this case.
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