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Sopris Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Sopris 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).
  • Serving Sopris, CO and Las Animas County, Colorado

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Michael S. Emmons
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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.

If I blew a .08 and a .07 and got a DUI, can I do something?

Answered by attorney Jason William Savela
DUI/DWI lawyer at The Savela Law Firm, P.C.
If this occurred in Colorado, then you were likely given a ticket for DWAI and the other traffic matters. You will not lose your license unless you have prior convictions. You have defenses. Do not worry about the DMV hearing part below since it does not apply under 0.08 BAC. 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.
If this occurred in Colorado, then you were likely given a ticket for DWAI and the other traffic matters. You will not lose your license unless you have prior convictions. You have defenses. Do not worry about the DMV hearing part below since it does not apply under 0.08 BAC. 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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I recieved a dui charge on 8/8/18 and it says I have seven days to drive on the express consent affidavot. Am I allowed to drive for these 7 days?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
Yes, you can drive for the first seven days after the Notice of Revocation is served on you. During those 7 days you need to go to the DMV and request a hearing on the revocation of your license. You will be allowed to drive until the hearing. The hearing has to be scheduled within 60 days of when it is requested.  There are a couple of decisions to make before requesting the DMV hearing and it would be best to consult a lawyer before you make the request. 
Yes, you can drive for the first seven days after the Notice of Revocation is served on you. During those 7 days you need to go to the DMV and request a hearing on the revocation of your license. You will be allowed to drive until the hearing. The hearing has to be scheduled within 60 days of when it is requested.  There are a couple of decisions to make before requesting the DMV hearing and it would be best to consult a lawyer before you make the request. 
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Is there anything I can do to overturn a guilty DUI verdict?

Answered by attorney Paul David Stanko
DUI/DWI lawyer at Paul Stanko
After a jury trial, guilty verdict, and sentencing, you have just 30 days to file a Notice of Appeal with the trial court. After that, your only recourse is post-conviction relief. Either way, jury verdicts are rarely overturned, as the Court of Appeals will not reweigh the evidence. You should consult with an attorney familiar with the appellate process immediately to determine what, if any, options you have.
After a jury trial, guilty verdict, and sentencing, you have just 30 days to file a Notice of Appeal with the trial court. After that, your only recourse is post-conviction relief. Either way, jury verdicts are rarely overturned, as the Court of Appeals will not reweigh the evidence. You should consult with an attorney familiar with the appellate process immediately to determine what, if any, options you have.
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