He was driving too close to the line. There were no problems with walking, balancing or talking. He did take the breath test. I believe he was told that it was a .09 .
Your son will be processed through a civil administrative system as well as the criminal justice system.
He has just 7 days from receiving the notice of revocation of his driving privilege to request a hearing at the DMV. A DUI attorney can look for ways to attack the evidence that will be used at this civil Express Consent hearing. It can take up to 60 days for the DMV to schedule a hearing so when he requests a hearing, he will be given a temporary permit which will allow him to drive up until the date of the hearing.
The per se limit in Colorado is .08, so he is just a bit above the legal limit. This is where a DUI attorney can once again, look at ways to attack the evidence the prosecutor will rely on to press criminal charges against your son for a DUI as well as negotiate with the prosecutor to try to get a favorable plea bargain. In criminal court he will be informed of the charges against him and advised of his rights. He will have a few other court appearances where eventually he will inform the court of his decision to either take the case to trial and make the prosecutor prove the case against him beyond a reasonable doubt, or accept the plea bargain.
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Because of the serious ramifications of a DUI, I always recommend consulting a DUI/criminal defense attorney. There are many of us on this site who are very good and who offer free consultations. So, feel free to shop around for the attorney who is right for you. At the first court date, he will just be advised of the charges and the potential punishment for the charges. He will be asked to enter a plea. He can either enter a plea of not guilty and ask for a pretrial conference to hire an attorney or simply ask for a continuance of a couple of weeks to get an attorney. There might be some suppression issues in his case. It appears that they stopped him for weaving. It is not a crime to weave within one's lane, it is a crime to weave outside of one's lane. When I was a judge, we had to educate the law enforcement agencies repeatedly on that subject. Understand that even though your son thinks that he did well on the roadside maneuvers/field sobriety tests, likely the officer will put in the police reports that your son failed them. I never suggest that anyone do the field sobriety tests or roadside maneuvers. Most officers do not administer them correctly, they are done in a high pressure situation, done on the side of the road with traffic going by, and I have seen dozens of officers fail them when I have asked them to perform the maneuvers in front of the jury as a defense attorney. The breath test shows that he is over the legal limit for both a DUI and DWAI. Given his age, this case has too many serious consequences to not get an attorney.
The first issue is that he has only 7 days from the date of the alleged offense in which to request a hearing before the DMV to protect his driving privileges. He should consult with an attorney before making this request if possible.
Second, with the limited information that you have provided, there are certainly some issues that should be explored prior to going to court. If there truly were no problems with walking, balancing, and speech, there's a question as to what justification the officer had in arresting your son. Even before that, the "driving too close to the line" reason for the traffic stop is suspect and might be a great issue for litigation.
In short, your son needs to speak with a qualified DUI defense attorney quickly to ensure that all of his rights are protected. Many attorneys on this website, myself included, offer free consultations.
Best of luck to your son.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
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