Gary F Pirosko’s Answers

Gary F Pirosko

Denver DUI / DWI Attorney.

Contributor Level 10
  1. Will I get sentenced to jail time in court for my first DUI I am 20 years old and blew a 0.28 and I have one MIP on my record

    Answered 7 months ago.

    1. Gary F Pirosko
    2. James A Reed
    3. Charles Patrick Greenwood
    4. Rhidian David Watson Orr
    5. Derek Anthony Patrin
    6. ···
    8 lawyer answers

    Jail is mandatory in Colorado when you plead to or are convicted of a DUI with an alcohol content of .200 or higher. This does not necessarily mean that there is not something an attorney can do to argue that the reported test result is inaccurate. You should have a competent DUI attorney look over the police report.

    12 lawyers agreed with this answer

  2. What is the criminal punishment for refusing a breath test in Colorado. Is there any benefit to refusing?

    Answered over 1 year ago.

    1. Gary F Pirosko
    2. Christopher Daniel Leroi
    3. John Lawrence Buckley
    3 lawyer answers

    Because other defendants may read this I want to caution you and them that there is no sigle best answer to the question of whether it is better to refuse a test or not. Usually a refusal will hurt your outcome if you lose the DMV administrative case in Colorado. A refusal may hurt or help in the criminal case but there would be several things that would factor into the answer, including what your BAC would have been. A refusal could be worse on a first-time DUI in the criminal case if you...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do you go to jail on the spot for driving under revocation in Denver, CO?

    Answered 7 months ago.

    1. Gary F Pirosko
    2. Charles Patrick Greenwood
    3. Rhidian David Watson Orr
    4. Anthony Michael Solis
    5. Derek Anthony Patrin
    5 lawyer answers

    An officer has the option to arrest and jail you until you post bond.

    9 lawyers agreed with this answer

  4. DUI stop. The time frame a proper investigation should take place.

    Answered over 1 year ago.

    1. Gary F Pirosko
    2. James C Forslund
    3. Nicholas Lubchenco
    3 lawyer answers

    As a former DUI officer I believe that 20 minutes is sufficient time for the officer to stop and process a driver at the scene for DUI. The amount of discrepancies found in your report indicates that you should contact an attorney who dedicates a significant amount of his or her practice to DUI defense as Defending DUI cases requires a lot of specialized knowledge. Refusing to take a chemical test in Colorado can have twice as many ramifications to your driving privileges because DMV can...

    8 lawyers agreed with this answer

  5. 6-point speeding ticket. Take automatic mail in 2-point reduction or go to court? Also, if I hire a lawyer, any chance 0 points?

    Answered over 1 year ago.

    1. Gary F Pirosko
    2. Stephen Clark Harkess
    2 lawyer answers

    Unless you have a rock-solid defense to the speeding you are unlikely to end up with a 0-point violation. You might do better than the 2-point reduction if you appear and negotiate with the prosecutor. You also might have the points further reduced if you attend a traffic school. Most insurance companies will treat minor moving violations (everything more than 0-points) the same. Therefore, if you are not usually getting tickets on a regular basis, you need to weight the time and expense of...

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. DA released documents detailing significant testing errors at the lab. How does this affect my DUI/DWAI case?

    Answered over 1 year ago.

    1. Gary F Pirosko
    2. Christopher Paul Kendrick
    3. Rhidian David Watson Orr
    4. James C Forslund
    4 lawyer answers

    The Colorado Department of Health Blood Lab is in a lot of upheaval due to faulty testing. Even though your test was performed after the dates on the letter, it may be possible for a good DUI atorney to successfully argue to a jury that your test result is also invalid. There are a lot of factors involved in defending a DUI case. You should at least have a competent DUI attorney look at the discovery you received. You can call the CDPHE blood lab at 303-692-3680 to find out your blood...

    8 lawyers agreed with this answer

  7. What is the deadline for a DMV hearing officer in Colorado to make a ruling?

    Answered 8 months ago.

    1. Christopher Daniel Leroi
    2. Gary F Pirosko
    3. Rhidian David Watson Orr
    3 lawyer answers

    The express consent hearing must be held within 60 days following your request for a hearing. There is no time limit for the Department to issue a ruling after the hearing.

    7 lawyers agreed with this answer

  8. I got a misdameanor DUI in california went to court,jail got summary probation,never went to dui class nor paid fines though

    Answered over 1 year ago.

    1. John Lawrence Buckley
    2. Gary F Pirosko
    3. Christopher Daniel Leroi
    3 lawyer answers

    You need to check with the Court in California to find out the status of the case. You may have a warrant out for your arrest. Your California driving privileges may be under restraint which could result in you being cited everywhere else for driving under restraint. Your ability to obtain driving privileges in any other state may be affected.

    7 lawyers agreed with this answer

  9. Is there a such thing as getting my interlock device out early?

    Answered over 1 year ago.

    1. Gary F Pirosko
    2. Ann Toney
    3. John Lawrence Buckley
    3 lawyer answers

    There is no early termination allowed on a 2-year interlock requirement.

    7 lawyers agreed with this answer

  10. What is most likely to be given to me?

    Answered over 1 year ago.

    1. Gary F Pirosko
    2. Nicholas Lubchenco
    3. Rhidian David Watson Orr
    3 lawyer answers

    The outcome often depends on the exact facts of your case. The best way to proceed may be to call the District Attorney's office and tell them that you want to "make discovery" of your file. You should state that you do not have an attorney, otherwise they will tell you that you need to have an attorney order it. Once you receive the discovery you can start contacting attorneys to determine if you even need an attorney, and if so, which attorney would be the best fit. Sometimes you need...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful