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- You can refuse to take a field sobriety test; it is voluntary.
- If you refuse to take a blood or breath test, your license will probably be revoked for 1 year.
- If you take a breath test and your result is .08 or higher, your license will be taken away and you will receive a 7-day permit.
- The officer will give you an Express Consent Affidavit.
- Take to DMV within 7 days – to request a hearing
- DMV will issue a 60-day temporary permit – good until hearing
- If you take a blood test and your result is .08 or higher, the DMV will mail you a letter of license revocation.
- Takes 2-3 weeks to receive.
- You have 7 days to go to DMV to request an Express Consent hearing.
You MUST surrender your license at that time.
- If you do not surrender your license, your request for a hearing will be denied.
- DMV will issue you a 60-day temporary driving permit.
- You do not have to give a sample of your blood, saliva or urine.
- The refusal to take any tests will be used as evidence in the trial.
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| Penaltiesenalties for drunk driving are serious.
First Time Offense - DUI
- Jail: 5 days to 1 year
- 90 day suspension of license – no driving
- Points on your license
- $300 to $1,000 fines
- Court costs
- 48 to 96 hours community service
- Alcohol education classes
- Probation
First Time Offense - DWAI
- Jail: 2 days to 180 days
- $100 to $500 fines
- 24 to 48 hours community service
- Alcohol education classes
- Probation
DUI w/prior DWAI
- Jail: 70 days to 1 year
- Mandatory jail: 7 days
- $450 to $1,500 fines
- 56 to 112 hours community service
DUI w/prior DUI
- Jail: 90 days to 1 year
- Mandatory jail: 10 days
- $500 to $1,500 fines
- 60 to 120 hours community service
DWAI 2nd Offense
- Jail: 45 days to 1 year
- Mandatory jail: 5 days
- $300 to $1,000 fines
- 48 to 96 hours community service
DWAI w/prior DUI
- Jail: 60 days to 1 year
- Mandatory jail: 6 days
- $400 to $1,200 fines
- 52 to 104 hours community service
Additional Consequences
- License can be suspended, restricted or revoked
- Insurance rates will increase or policy cancelled
- Impound vehicle
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Colorado is one of the toughest states when it comes to drinking and driving; it is considered a no tolerance state. Laws are constantly making it easier for people who drink and drive to be caught and prosecuted.
The Denver DUI Defense attorneys at The Law Offices of MP & DS know how frightened you can be and we are prepared to give you an excellent DUI defense. We know when to plea bargain and we know when to go to trial.
Everyone deserves fair legal guidance and we have a proven record of success. |
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