DUI Frequently Asked Questions

At the law firm of Anaya-McKedy, P.C., our attorneys receive many questions from clients regarding driving under the influence (DUI) charges. As former prosecutors, we are very familiar with the laws surrounding drunk driving charges. Now, as defense lawyers, we use this knowledge to best protect your best interests.

Call our Colorado Springs defense law firm at 719-387-9954 to schedule a consultation with our team. You may also contact us online to get the answers you are searching for.

  • Do I have to blow? No. You will be provided with the option of a blood or breath test to determine your blood alcohol content (BAC). All field sobriety tests are voluntary. Politely decline to blow and the officer cannot make you participate. It is important to know that by declining to take a blood or breath test, your license will immediately be suspended for 12 months.
  • Must I answer the police officer's questions? No, and you shouldn't; always talk to a lawyer prior to talking to police officers. You should identify yourself, but utilize your right to remain silent in order to avoid further incriminating yourself.
  • Can I challenge the suspension of my driver's license? Yes. This is a separate hearing with the DMV and must be requested within a set amount of time. Consult with a knowledgeable defense lawyer on how to go about this.
  • Can I get a DUI while riding a bicycle? Yes. There are multiple vehicles and other non-motorized contraptions that you can obtain a drunk driving charge while operating.
  • What is BAC? BAC stands for blood alcohol content. If your BAC is greater than .08, you will be charged with a DUI. It is also possible for officers to charge you with lesser crimes if you blow below a .08.
  • What if I have my license suspended but continue to drive? This is a bad idea. If you get caught, you will face additional charges and even more penalties.
  • What are the penalties for DUI in Colorado? For a first-time offender, there is no mandatory jail time if your BAC is below .02, but it is still possible, and fines can be up to $1,000. If your BAC is above a .02 the law requires a mandatory minimum of 10 days in jail for first-time offenders. For multiple offenders, jail becomes mandatory, as well as increased community service and increased fines.

We Will Answer Your Questions. Contact Us.

Contact us at 719-387-9954 for guidance through any DUI concerns. Our Colorado Springs office serves clients throughout El Paso County and Teller County with all of their criminal defense needs.