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AV Preeminent Peer Rated Attorneys
Silver Cliff Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Silver Cliff 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 Brock A. Miller, LLC

  • 211 East Front Street, Florence, CO 81226

Law Firm of Gillick & Wenner, P.C.

  • 831 Royal Gorge Boulevard, Suite 400, Canon City, CO 81212-6709

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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 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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I was sent to my 1st arraignment twice

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
The meth concentration is not a dramatically huge amount since '"Peak concentrations for  methamphetamine range from 615 to 7361 ng/m".  That said, it is possible to have your blood retested by an independent lab.  Given what you said here, sounds like the case just needs to be set for a jury trial and you need to defend yourself at the trial. Of course, you should have a lawyer to do that - so seek out an attorney to help you.
The meth concentration is not a dramatically huge amount since '"Peak concentrations for  methamphetamine range from 615 to 7361 ng/m".  That said, it is possible to have your blood retested by an independent lab.  Given what you said here, sounds like the case just needs to be set for a jury trial and you need to defend yourself at the trial. Of course, you should have a lawyer to do that - so seek out an attorney to help you.
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How can a person transfer DUI classes to another state without actually transferring the case?

Gregory Casale
Answered by attorney Gregory Casale (Unclaimed Profile)
DUI/DWI lawyer at Gregory Casale, Attorney at Law
The classes can be taken in another state so long as the program she wants to transfer to is similar in duration to the classes she is assigned to. Either on her own or with the assistance of her current probation officer she should look at the programs that the proposed state uses for 1st offense OUI classes. Get a brochure or something that details the classes as to duration and content and present that to her current probation officer. She will need approval of the court or probation to do this but it should not be a problem. I have had many clients that were charged in MA but did the 1st offender program in another state. She could also contact the lawyer who handled the OUI for her to assist. It shouldn't take more than a phone call or two by the lawyer to help her out.
The classes can be taken in another state so long as the program she wants to transfer to is similar in duration to the classes she is assigned to. Either on her own or with the assistance of her current probation officer she should look at the programs that the proposed state uses for 1st offense OUI classes. Get a brochure or something that details the classes as to duration and content and present that to her current probation officer. She will need approval of the court or probation to do this but it should not be a problem. I have had many clients that were charged in MA but did the 1st offender program in another state. She could also contact the lawyer who handled the OUI for her to assist. It shouldn't take more than a phone call or two by the lawyer to help her out.
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