You definitely need to hire an attorney. Although refusing to take a breath or blood test will cause DMV to suspend your license for a year, it was a good decision because it is going to make their ability to prove the DUI charge extremely difficult. I have seen over and over again over the past 21 years jurors who will refuse to convict for DUI unless they have an actual test. The .081 test will NOT be admissible against you in court, as it was just trying to make sure that you were sober enough to be released so that they would not be liable for your conduct. You have a much better chance of getting a reduced charge or winning the criminal case by hiring an attorney. Unless the DMV hearing officer finds a lack of probable cause for the officer to request a test, your license is likely gone for 12 months.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
What the officer told you was correct. You may have defenses that you can raise if you get a good attorney and if you have the breath sample retested. Your license will have to be suspended for a period of time and you need a good attorney to represent you on the DUI charge.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Both the other attorneys are right. Hire a DUI defense attorney immediately. I hope you have requested a hearing with demanding that the officer be present. If the officer fails to appear at the hearing you win and your license will not be revoked. However, the DMV hearing is separate and independent during the criminal DUI proceedings.
All the best
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You have a very good chance of having the charge reduced with the assistance of an attorney who practices regularly in the field. The officer's observation of you prior to the stop is a critical part of the case and needs to be explored thoroughly. An experienced DUI attorney can help you through the process.
The only chance you have of "winning" is by hiring an experienced DUI Defense Attorney. It seems as though you have several defenses that need to be explored and it would be in your best interested to hire an attorney. Make sure you request your EC Hearing with the DMV within 7 days or you will automatically be revoked on day 8.
The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.
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