I did not refuse or was I ever offered to take a BA or UA and was not drinking and driving yet I am being charged with one

Asked almost 2 years ago - Loveland, CO

Please help

Attorney answers (5)

  1. Nicholas Lubchenco

    Contributor Level 13

    11

    Lawyers agree

    Answered . Get a DUI attorney. Most of us offer free consultations. You won't be able to do this on your own. Even attorneys hire other attorneys to help them. Without knowing the facts it'll be hard for anyone to really analyze your situation.
    Good luck.

    Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-... more
  2. Joshua Eric Johnson

    Pro

    Contributor Level 9

    10

    Lawyers agree

    Answered . I think we would need more facts to be able to give more advice than already given. Feel free to contact any of us.

  3. John Lawrence Buckley

    Contributor Level 16

    8

    Lawyers agree

    Answered . First things first...you only have seven days from the date of the alleged offense in which to request a hearing with the DMV to protect your driving privileges. Time is of the essence!

    I'm sure that there is a detailed story that goes along with your question and you are right to not share all of those details here.

    You must consult with a DUI defense attorney and do so very soon. Many great attorneys can be found here on Avvo and most of us offer a free initial consultation. Call a few of us to discuss your case.

    Best of luck to you.

    John Buckley

    No answer here should be considered to form an attorney-client relationship. You should consult with a licensed... more
  4. Frank Mascagni III

    Contributor Level 20

    8

    Lawyers agree

    Answered . Hire an experienced criminal defense attorney to defend you and review the file. There may be defenses available to you under CO state law. Get counsel now.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  5. Charles K. Kenyon Jr.

    Contributor Level 20

    6

    Lawyers agree

    Answered . Not enough information to provide an answer. You can be charged because a cop says you were driving under the influence.



    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
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    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
    http://addbalance.com/drunk_driving_lawyer.htm

    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
    http://www.facebook.com/MadisonWiDrunkDrivingLa...

    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
    http://addbalance.com/fieldsobrietytests.htm

    --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
    http://addbalance.com/duidrugs.htm

    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
    http://addbalance.com/duimath.htm

    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
    http://addbalance.com/duitendaywarning.htm

    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    See “more” link below for more important information about this answer and AVVO.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

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