Legal Question in DUI Law in Colorado

I was charged with an MIP aft my friend fell and was hurt and taken to the hospital. Two days later I charged with an MIP. The cops never did a breathalizer. They let me drive home. How can I be charged with an MIP??

Asked on 3/28/11, 9:05 pm

1 Answer from Attorneys

Richard B. Huttner Richard B. Huttner, P.C.

Although you have been charged with MIP, you are presumed innocent. The State has the burden to prove that you were in possession of alcohol. There doesn't seem to be much evidence. In misdemeanor cases, the police do not need to present a case to a district attorney before the case is charged. Police often issue a summons and let the process begin when the district attorney reads and reviews the evidence and either proceeds with the charge or dismisses the charge.

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Answered on 4/04/11, 5:18 am

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