Gary F Pirosko’s Answers

Your question is unclear. It is probably best that you call a local DUI attorney on the phone.

The answer is specific to the state that is citing for Driving Under Restraint. For Colorado's answer, look to Colorado Revised statute 42-2-138(4) & (5). Under the Interstate Compact, it is doubtful you will be able to obtain a license in another state while a restraint in another state is still pending. If you lie on your license application in the new state, you might be committing a crime.

This is a common occurrence and prosecution tactic to force resolution of cases. The prosecution can add and/or amend charges at almost any oint in the process.

Driving Under Revocation for an alcohol-related offense carries a fine and a maximum jail sentence of 6 months. There is a mandatory minimum 30-day jail sentence that must be served. DMV will also extend the restraint on the driving privileges for an additional year. Driving under revocation is a habitual offender offense. If you plead or are convicted to three habitual offenses in a seven-year period you will lose your driving privileges for 5 years.

Unless you can show that you were somehow significantly harmed by the sloppy procedures, the Judge will likely allow the prosecutor the amendment.

if you have a DUI or DWAI on your record in the last 7 years you may be eligible for early reinstatement after 1 year provided you get an interlock device installed for the remaining 4 years and you carry SR-22 insurance during that time. You can contact Driver Services at 303-205-5613 to see if you are eligible.

You could contact the Colorado State Patrol to sign up for an Alive at 25 driving class. You also could wait until you meet with the prosecutor, let the make an offer, and then suggest that you will take the class it they further reduce the points.

The only way to get it waived is to ask the Judge to vacate it. However, most Judges will not do so. The OJW does not carry any jail time. It only prevents you from renewing your driving privileges.

You can either hire a defense attorney or you can try to negotiate with the prosecutor yourself.

It often depends on the blood alcohol level. The lower the level the more likely the DA and Judge would agree to immediate sentencing. (Usually a .170 and below with no aggravating facts). The Judge will tell you that if you disagree with the level of alcohol classes recommended by Probation, you can come back to court and discuss your disagreement.