DUI / DWAI / DMV
DUI / DWAI
When stopped by a law enforcement officer, first note the time, then, always respect the uniform worn by the law enforcement officer. They do a difficult and dangerous job to keep you and I safe. They deserve respect and common courtesy!
First, you may have been lawfully contacted at a roadside sobriety checkpoint at a place allowable, or by a law enforcement officer who had probable cause to effectuate a traffic stop of your vehicle (or a vehicle within which you were a passenger). As a licensed operator of the vehicle you have already expressedly consented to a chemical analysis of your blood or breath if requested by the law enforcement officer who then has reasonable suspicion to believe that you were operating the vehicle under the influence of or impaired by alcohol and/or drugs. Both prescription medications and other substances including marijuana may lead to a driving while ability impaired charge. If no drugs are in your bloodstream, this office always recommends that you request a blood alcohol test. The blood alcohol test is first the average of two tests normally performed by the prosecution on your blood sample. Additionally, another test tube of your blood is preserved for you to have a certified laboratory in Colorado perform an independent test of your blood sample. At additional cost the independent chemist may be able to testify as to his or her opinion as to whether or not you were impaired or under the influence of alcohol.
Also, the blood test results are typically not immediately available to the law enforcement officer so when you are eventually released you will still possess your valid Colorado driver’s license.
With the breath test, if the properly preformed results provide a chemical analysis that your breath sample contained equal to or greater than 0.08 [.08 milligrams of alcohol per 210 deciliters or breath volume] your license will be taken by the law enforcement officer and you should be served a Affidavit and notice of revocation of your Colorado driving privilege unless you act within seven calendar days of the date of the notice. Consult this office immediately of receipt of such a notice. This office believes that almost invariably you should timely request a hearing. In addition to the immediate breath test results being available to the law enforcement officer unlike the blood test, no second independent sample is ever saved for your retesting by a certified independent laboratory.
You either received an Affidavit and notice of revocation from a law enforcement officer in person or by mail; or received a printed computer notice from the Colorado Department of Revenue Motor Vehicle Division and you need to know what to do in YOUR BEST INTEREST.
Colorado motor vehicle operator’s revocation of an operator’s license is a more serious state action than a suspension of that license.
Under a suspension of your operator’s license, you have a constitutionally interpreted right to a continuation of your lawful operation of a motor vehicle for work, health, and education for you and your immediate family members (children, spouse), and court imposed sanctions for you.
A revocation of your driving privilege either as a Habitual Traffic Offender (HTO) or for a alcohol or drug driving charge you always have a right to a hearing. The hearing may be a simple determination as to whether or not it was you who has been convicted or charged with one or more traffic offenses or misdemeanors. Or maybe a hearing wherein the state has to produce 1) evidence of probable cause for lawful law enforcement officer contact with you, 2) reasonable suspicion of alcohol or drug and 3) either a) a chemical analysis of your blood or breath performed within two hours of your last driving or b) a refusal to have consented to such a chemical analysis at any time after known operation of a motor vehicle by you by the requesting law enforcement officer.