I was pulled over for speeding and admitted to having 2 beers about an hour and a half previuosly. I was asked to give a breath or roadside and declined but offered a blood sample, but when i got to jail the officer told me that since i refused the tests that it was a mandatory 1 year loss of license, but I offered a blood specimen. The officer told me that it was to late and would be up to the nurse. I explained to him that he never told me it would be a one year loss of license for refusal and that I offered a blood specimen. He said once again sorry it was to late and that it would now be up to the nurse and her supervisor. HELP
If you truly cannot afford a DUI attorney, this is going to be very challenging for you. DUIs are very technical cases and the DMV rules and procedures are likewise. This sounds like a very defensible case and with a decent potential issue with DMV.
My advice is to call a few of the DUI attorneys on this site. Some of us do slow pay or low pay sliding scales because we feel it is important to help people. Not everyone does and it will still cost money, but may be done in a way that can fit with your income level. I spent five years as a public defender because helping all people, even those who couldn't afford attorneys is important to me. Part of that mindset continues now in private practice. I try to help and I know there are others who feel similarly. Contact a few of us to see if anyone can help you with your specific situation. Your case sounds like a case that should go to or at least strongly be considering trial. You just can't do it alone.
Note that I am not saying people will do this pro bono. Attorneys, like everyone else, need to pay their bills. Some of us though would work with you if you do have some income and ability to pay.
Good luck and feel free to call or email with any questions.
Colorado law requires drivers in your situation to cooperate with the police so that your blood or breath aample can be taken within two hours of driving. Apparently you and your cop disagree on whether you cooperated. Was anybody else there? Did the cop use his radio in this stop, in a way that might support your statement? (there are recordings of his exchanges). Was the stop at a shift change (cops hate to stay late for completion of blood tests)?
Can you afford not to have a lawyer?
If you don't qualify for the public defender, you need to hire an attorney. This is one of the biggest problems you have in your life right now. It is going to affect you for some time. You need to do everything you can to borrow or raise the money to address it. Your other choice is to plead guilty and ask the Court for a lenient sentence. There really is no third option. You cannot win at trial representing yourself.
Assuming that you actually HAD refused to submit to chemical testing, you are allowed to "recant" your refusal. If there was already a nurse there, they certainly could have drawn your blood.
The court and/or the DMV will look to not just your words but also your actions regarding the "refusal" to submit to testing.
As other attorneys have mentioned, many of us will work with a payment plan. You need help with your case. Do not attempt to handle this on your own.
Best of luck to you.
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