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OWI/DUI Laws....Help

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Bobbum~Man
Posts: 228 - Karma: 10
I come to NS asking for any help at all. I have been looking everywhere and haven't been able to find what I was looking for.

Here's the situation: My little brother moved out to Denver about a year ago. A month or so ago, he was arrested after blowing a .06 BAC and charged with a DWAI. Being from Iowa, where the law is .08 he was rather surprised.

He was charged in 2006, in Iowa, with a OWI/DUI 1st offense. He received a deferred judgment.

He recently had his court appearance in Denver. Met with the DA, had a plea deal ready to go, went into court and the judge asked him if he had ever been charged with a prior OWI/DUI. He said yes, the judge threw the deal out and wanted to charge him with a 2nd offense. He informed her that it was deferred, she didn't care. Has an upcoming court date in May.

Anybody know if the deferred judgment can hurt him in this case? Can they charge him with a 2nd offense?

He has talked to a lawyer, the guy wants 6 grand, which he may end up doing, but we are just curious about what to do in this situation. Any help/knowledge would be greatly appreciated. Thanks and sorry for the wall of text.
Apr 16 2011 10:44PM
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Gmart
Posts: 1634 - Karma: 273
not sure but if its not on his record i would assume he should be good. P.S tell your brother to stop drinking and driving before he hurts or God forbid kills someone
Apr 16 2011 10:49PM
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pinhead_larry
Posts: 891 - Karma: 20
1st page
Apr 16 2011 10:51PM
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skier_boy26
Posts: 11295 - Karma: 502
Maybe he should do the time for getting caught TWICE
Apr 16 2011 10:53PM
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Bobbum~Man
Posts: 228 - Karma: 10
Trust me I have talked with him about it. He doesn't try to make excuses for his behavior. This last time that he was arrested he had 3 beers after going out with coworkers after work for a couple of hours, blew a .06 (I know I have driven plenty of times after 3 beers, and so have many others).

He is ready to face the consequences, but is just wanting a heads-up as to what to expect. Any help would be great.
Apr 16 2011 11:22PM
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line1260skier
Posts: 1570 - Karma: 16
The law is .08 nation wide. I don't understand why he is in court for .06 unless he is under 21.
Apr 16 2011 11:34PM
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Bobbum~Man
Posts: 228 - Karma: 10
Apparently Colorado and Maine have different tiers of OWI/DUI laws. Anything between a .05 and .79 in these 2 states = a DWAI (driving while ability impaired).
Apr 16 2011 11:38PM
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line1260skier
Posts: 1570 - Karma: 16
I am not from either state so I'm sure other will have better things to say, but I accidentally drove into Maine a week ago and the first sign I saw was "Maine has strict drunk driving laws" I guess they were serious about it.
Apr 16 2011 11:46PM
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Bobbum~Man
Posts: 228 - Karma: 10
No...he is 24. The laws in CO are much more strict. Anybody that lives out there may want this info.
Apr 16 2011 11:51PM
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Bobbum~Man
Posts: 228 - Karma: 10
He completed his probation (no issues), his first charge was 5 years ago.

Just wondering if anybody has any knowledge of how a deferred judgment effects latter charges?
Apr 17 2011 12:12AM
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