I believe you posted this same question yesterday. This is a very complicated area and not suited for discussion on this website.
There are many great DUI defense lawyers here on Avvo that offer a free initial consultation. Call some of us so that we can discuss your case in the context of what actually happened rather than in hypothetical terms.
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.
Mr. Buckley is correct. I do not know if this is a class assignment at CU Law School or what. However, this has been "asked and answered" by a few of us so far and the answers will not change with the multiple postings. As with most things in the law, every case is extremely FACT specific and would need to be addressed by sitting down with an attorney.
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.