John Lawrence Buckley's Answers

Is a first time DUI in Colorado elegible for deferrment?

The simple answer is yes. The more complicated answer is that the Denver DA's office rarely offers a deferred judgment (DJ) as a plea bargain. You will need an experienced DUI defense attorney to pick apart the prosecutor's case againt you to get any chance. Even then, a DJ is a longshot in the early stages of plea negotiations. Feel free to contact my office for a consultation. Best of luck to you. John Buckley www.buckleycriminallaw.com

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Will they require me to take an alcohol test at court for a dui?

Unless you are trying to convince the court that you have been 100% sober since the date of the alleged offense, I'm not sure why you are worried. Drinking alcoholic beverages is not against the law. If you have had some court orders to abstain, that would be different. To answer your question, unless you've been ordered to abstain from alcohol, it is unlikely that you will be ordered to undergo an EtG test. That being said, I would not encourage you to consume alcohol while your case is...

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Is it worth it to fight a DUI?

The answer is "it depends." Do you believe in the presumption of innocence? How important are your driving privileges? Is this a first offense or is your BAC likely to be high? The answers to some of these questions may trigger mandatory jail sentences which are not pleasant. Many lawyers, myself included, offer a free initial consultation. What have you got to lose in asking some questions? www.buckleycriminallaw.com

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Charged with DUI

This is certainly a defense to the charge of DUI. The state must prove that the alcohol in your system at the time of a chemical test (assuming you provided a sample of your blood or breath) was the alcohol that was in your system while you were driving. However, there is certainly a circumstantial case that you drove under the influence. To suggest that the state "has no case" is quite a stretch. What will be critical is the testimony of the clerk and when they became aware of any...

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Morning after drinking DUI charges. Help me beat this

There are many ways to combat a DUI charge. Challenging the basis for contacting you in the first place, challenging the probable cause to arrest, challenging the chemical test are but a few of these. Specifically regarding your chemical test, if you had be REALLY over the limit the night before, it is possible that you could still be at a .13 the next morning. You need to contact a Fresno area DUI defense attorney to explore all of these issues. Good luck to you. John Buckley

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I received a dwai twenty years ago and just got a dui will the 1st dui count against me since it was so long ago.

Mr. Leroi is correct. Colorado looks over the course of your lifetime regarding alcohol-related driving offenses. With your prior offense you are facing the possibility of a mandatory jail sentence. You are well on your way to setting up your defense by refusing to participate in the roadside sobriety testing. What you need now is an attorney to pour over the rest of your case to find it's weaknesses. There are many attorneys here on Avvo that specialize in this field. Most offer a free...

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My roommate is conducting in semi-illegal practices and I only became fully aware of the extent of which recently.

You should distance yourself from your roommate as soon as possible. Anything else will be inviting trouble.

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My question is if his he made 3consecutive payments and renewed his license will the d.a. drop the under restraints ticket?

I agree with the previous answers. The DA may drop the DUR charge if your friend agrees to plead guilty to some lesser charge. Presumably, this lesser charge would carry zero points with the DMV. This would allow your friend to maintain their driving status but still bear some penalty for the situation. The DA does not have to lessen the charges. Best of luck to your friend. John Buckley www.buckleycriminallaw.com

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Arraignment for DUI

You will not be detained merely for pleading not guilty. However, if there are other charges against you or outstanding warrants, it is likely that those will be discovered and you could be detained for those. If this is a first offense, you probably will be just given new court date(s) for future hearings and/or trial. If this is a second or subsequent offense, you could be ordered to undergo pretrial supervision where they will place you on a monitored sobriety program. If you have...

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How can I transfer my probation to Texas from denver?

It is possible to have your probation transferred via the interstate compact. However, both states must agree. From the facts that you have listed, there doesn't seem to be much reason for them to object. Another alternative, should the judge be so inclined, is to terminate the supervision requirement so that you no longer have to report to a probation officer. Rather, the judge essentially supervises your probation. What this effectively means is that they will review your file from...

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