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

Kelly R. McCabe P.C.

  • 22 E. Main Street, Cortez, CO 81321

Lawyers At This Firm

Law Office of Cameron C. Secrist, P.C.

  • 9 E. Montezuma, Cortez, CO 81321

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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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.

Is there a case for me if while talking to the magistrate, I hear the officer say I was only tested because my eyes were bloodshot shaky?

Laurie A. Schmidt
Answered by attorney Laurie A. Schmidt
DUI/DWI lawyer at 5280 Law Group
DUI prosecutions are very technical and highly scientifically. Typically, officers will testify that the first sign of intoxication that they notice is blood shot watery eyes. If they only articulable fact for arrest were your eyes, the arrest could have violated your fourth amendment rights- lack of probable cause. One issue I see with that argument is that you consented to a preliminary alcohol screening test, if this was pre-arret, a judge could find that the eyes and test results would most likely give the officer probable cause to arrest you. Those are legal arguments, you may have other defenses to the charges available to you, especially with a lower BAC. It would be work contacting a DUI attorney n your area.
DUI prosecutions are very technical and highly scientifically. Typically, officers will testify that the first sign of intoxication that they notice is blood shot watery eyes. If they only articulable fact for arrest were your eyes, the arrest could have violated your fourth amendment rights- lack of probable cause. One issue I see with that argument is that you consented to a preliminary alcohol screening test, if this was pre-arret, a judge could find that the eyes and test results would most likely give the officer probable cause to arrest you. Those are legal arguments, you may have other defenses to the charges available to you, especially with a lower BAC. It would be work contacting a DUI attorney n your area.
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Will my court summons be tossed out if my last name changed?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
The fact your last name is now different, it will not have any impact on the case. It makes sense to consult a lawyer to get an idea of what your options are, and how the case is likely to go.  If your license was taken from you, and you were given a "Notice of Revocation", you need to request a DMV hearing on the revocation of your license within 7 days of getting this notice.  
The fact your last name is now different, it will not have any impact on the case. It makes sense to consult a lawyer to get an idea of what your options are, and how the case is likely to go.  If your license was taken from you, and you were given a "Notice of Revocation", you need to request a DMV hearing on the revocation of your license within 7 days of getting this notice.  
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How can I get my license back?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
The criminal case - which is what was dismissed - and the DMV/ driver's license issues are two different things, handled by two different authorities, and can come to two different decisions. If you did not request a hearing on the revocation of your driver's license, or if you requested a hearing and lost the hearing, then the dismissal of the case in court does not impact that. Therefore you must do what DMV is requiring in order to legally drive.  A lawyer coudl analyze your drivintg record and the facts of your situatiopn to give more specific advise, if you made an appointmtne and sat down with a lawyer. 
The criminal case - which is what was dismissed - and the DMV/ driver's license issues are two different things, handled by two different authorities, and can come to two different decisions. If you did not request a hearing on the revocation of your driver's license, or if you requested a hearing and lost the hearing, then the dismissal of the case in court does not impact that. Therefore you must do what DMV is requiring in order to legally drive.  A lawyer coudl analyze your drivintg record and the facts of your situatiopn to give more specific advise, if you made an appointmtne and sat down with a lawyer. 
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