DUI Defense Attorney in Cortez, CO
Time matters more in DUI cases than almost any other criminal charge. You have just seven days from receiving your Express Consent Affidavit to request a DMV hearing that could save your driving privileges. Miss that deadline, and you lose your license before your criminal case even begins. Barrie Newberger King has defended DUI cases in Montezuma County for over 11 years, including nearly eight years as a Deputy Public Defender. She understands both the criminal and administrative sides of DUI prosecution and knows how to challenge the evidence against you. If you've been arrested for DUI or DWAI in Cortez, contact NewbergerKing Law immediately to protect your rights and your license.
What's at Stake Beyond the Criminal Charge
A DUI conviction affects far more than just your driving record. Your employment may be at risk, especially if your job requires driving or professional licensing. Insurance rates increase dramatically. Second or subsequent offenses carry mandatory minimum jail sentences—10 days for a second DUI, 60 days for a third. A fourth DUI becomes a felony.
Colorado never seals DUI convictions. Once you plead guilty or are convicted, that record follows you permanently. It appears on background checks for employment, housing, and professional licensing. Even dismissed cases can only be sealed under specific circumstances.
The Seven-Day Window That Changes Everything
The DMV hearing process runs separately from your criminal case. When you're arrested or receive test results showing a BAC over the legal limit, the DMV will revoke your license. You must request a hearing within seven days to challenge this revocation.
Barrie requests DMV hearings immediately and represents clients at these telephone hearings. These hearings serve dual purposes—preserving your driving privileges if proper procedures weren't followed, and gathering testimony useful in defending your criminal case. If the officer doesn't appear at the hearing, you win by default.
How Field Sobriety and Chemical Tests Fail
Field sobriety tests are subjective and prone to error. Officers must follow standardized procedures for tests to be valid, and many don't. Medical conditions, injuries, fatigue, nervousness, and uneven surfaces all affect results. The horizontal gaze nystagmus test can be influenced by dozens of factors unrelated to alcohol.
Breathalyzer results aren't foolproof either. Improper calibration, operator error, and medical conditions like acid reflux can produce false readings. Blood tests can be challenged based on how samples were collected, stored, and analyzed. Barrie examines all testing procedures and equipment records to identify potential challenges.
What a Strong DUI Defense Looks Like
Effective DUI defense begins with questioning the legality of the traffic stop. Did the officer have reasonable suspicion to pull you over? Were proper procedures followed during your arrest? Was the breathalyzer recently calibrated? Were field sobriety tests administered correctly?
Barrie reviews police reports, body camera footage, and dashcam video to identifyconstitutional violations or procedural errors. She examines the officer's training records and maintenance logs for testing equipment. When evidence was obtained illegally or testing procedures weren't followed, she files motions to suppress that evidence.
Taking Control of Your Case
Don't wait to address your DUI charge. The seven-day DMV hearing deadline is approaching. Barrie provides confidential consultations where she'll review the circumstances of your arrest, explain both the criminal and DMV processes, and outline defense strategies specific to your situation. Contact NewbergerKing Law today to start protecting your license, your record, and your future.