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DUI laws

Denver DUI Penalties From Colorado DMV

Oct. 6th 2014

Loss of License in DUI or DWAI alcohol cases

If you are arrested for drinking and driving in Colorado you will face two separate actions. The first is through the criminal court and the second is through the Colorado DMV. Typically, DMV determines if you keep your licenses and if not, for how long it would be revoked. This post seeks to provide information on penalties that you may face for drinking and driving through the Colorado DMV. For more information regarding court action, please see the attached link.

Colorado DMV- Standards for Hearing

After an arrest for drinking and driving in Colorado, you have seven days to request a hearing through the DMV, unless you take a blood test, the time is extended until you receive the results of the test. A DMV hearing officer, not a judge, conducts the hearing. The hearing officer must find by a preponderance of the evidence that that officer had a legal reason to stop you, had probable cause to request you consent to either a blood or breath test, and that you were driving with a BAC of above .08. This is different then the court standard and so it is possible that you may win the DMV hearing and loose at court or win at court and loose the DMV hearing.

Denver DUI Penalties from the DMV- License penalties

The Colorado DMV will look at revoking your license after a drinking and driving arrest. How long the revocation will depend on many different factors, including past driving record, circumstances of stop and arrest, and any resulting alcohol results. This information is only for the DMV action and does not consider any court sanctions. For more information regarding your options after a Denver DUI arrest, contact DUI attorney Laurie A. Schmidt, p.c. at (303) 747-4686.

First Offense DUI with a BAC level below a .15

In this case, the Colorado DMV will revoke the license for 9 months. The driver may be eligible for a restricted license after 30 days. In order to get a restricted license the driver must complete a driver’s application, pay a $95 application fee, install an ignition interlock devise, and carry SR-22 insurance for the remaining 8 months.

First Offense DUI with a BAC level above a .15

The Denver DUI penalties from the DMV may make a finding of a persistent drunk driver (PDD) if there is credible evidence that the BAC was above a .15 within two hours of driving. If labeled a PDD, in addition to the requirements above, the driver must also enroll and complete Level II alcohol education and therapy and maintain the interlock device for two years.

Second Offense DUI within a lifetime

A second driving under the influence of alcohol allegation will result in a license revocation for one year. A driver may apply for a restricted license after 60 days. The restricted license carries mandatory interlock, SR-22 insurance, and if the BAC or driver is determined to be a persistent drunk driver, may require completion of Level II alcohol education and therapy and an additional 2 years of the interlock requirement.

Third or more Offense DUI over a lifetime

A third driving under the influence charge will result in 2-year license revocation. The driver may be eligible for a restricted license after 60 days. This offense will result in a persistent drunk driving designation and the Denver DUI penalties from the DMV would require completion of Level II alcohol education and therapy as well as extended interlock on any vehicles.

Refusal to take or complete a test

If the Colorado DMV finds that your refused to take or complete an alcohol test on a first offense of Driving Under the Influence charge your license will be revoked for one year. The driver may be eligible to receive a restricted license after 60 days, but a designation of persistent drunk driving will extend the period of the interlock requirement.

As you can tell there are many factors that could influence how long a revocation is for and what is require to obtain a license. For information regarding your specific case, we suggest that you contact Denver DUI attorney Schmidt at (303) 747-4686.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, Marijuana DUI | Comments Off on Denver DUI Penalties From Colorado DMV

DUI REFUSAL Should You Take the Test

Jul. 30th 2014

Should you Refuse a Blood or Breath Test and Be Considered a DUI Refusal?

Arguably the most important piece of information in a Colorado DUI case for the prosecution is the blood alcohol content (BAC) or the drug levels. If you are arrested for Driving Under the Influence of Alcohol or Drugs you have three options:

Option 1:       You can consent to test of your blood for alcohol content

Option 2:       You can consent to a test of your breath for alcohol content

**If drug DUI you an consent to the test of the officers choice

Option 3:       You can refuse all tests (this will be called a DUI refusal)

 ** Unlike with alcohol, if you are suspected of DUI of drugs the officer will ask you to take a test of your blood, urine, or saliva. You do not get to choose the test, the officer does.

EFFECT OF A DUI REFUSAL ON DMV

 The Colorado DMV revokes licenses for one year, if the DMV finds by a preponderance of the evidence that the officer had probable cause to request the test and that you refused such a test (often times this is called a DUI refusal). The preponderance of the evidence standard is considerable less that beyond a reasonable doubt. It means more likely or at least 51%.

The DMV has the ability to revoke your licenses because it is an administrative action, not a criminal court action. This means that the DMV action is separate and apart from any potential court case that you may have from a DUI refusal of a blood or breath test.

EFFECT OF A DUI REFUSAL ON YOUR COURT CASE

 A DUI charge is more difficult for the government to prosecute without a BAC or drug level. This is not to say that the case would not go forward with prosecution, it is just a harder case.   According to our laws, if you refused a test then the jury can consider the fact that you refused the test as evidence that you were driving under the influence of alcohol or drugs. Typically, in these cases the manner of driving and reason for the stop become very important.

I AGREED TO TAKE THE TEST, WHY AM I STILL A DUI REFUSAL

Colorado’s Express Consent Law makes you do two things, if you agree to take the test. First, submit to the test and second corporate in the administration of the test. The following situations can result in the officer accusing you of a DUI refusal:

  1. For alcohol DUI only, you have a right to choose either a blood or breath test. You may not change the test that you selected. If you choose blood you may not switch to a breath test and vice versa.
  2. You must cooperate in the performance of the test.
  3. You do not have a right to talk to an attorney before deciding what, if any, test to take.
  4. For a blood test, you must agree to release of blood to the police officer, if it is drawn at a hospital.

If you, a friend, or family member is accused of DUI or a DUI refusal contact us today for a free case evaluation at (303) 747-4686 or by clicking here.  Don’t assume that you have no defense, don’t pled guilty or listen to the prosecution before you call us.  We will take the time to explain the process an any potential defenses that you may have.

 

 

Posted by Laurie Schmidt | in arrest, DUI arrest, DUI laws, DUI Post | Comments Off on DUI REFUSAL Should You Take the Test

DUI breath test blood test

Jul. 3rd 2014

Driving Under the Influence

DUI breath test blood test

If you are arrested for suspected DUI or DWAI, you should be read Colorado’s Express Consent Law. This means that if an officer has probable cause to arrest you, you must submit to a chemical test.  For alcohol DUI breath test blood test are the options. If you don’t choose a test, it would be deemed a refusal. Refusals can result in your licenses being revoked for one year by the DMV; however you may qualify for a restricted license after 60 days.

You also do not have a right to counsel before deciding what to do: blood, breath, or refusal the test altogether. Demanding to talk to a DUI attorney before deciding if you will take a test will be considered a refusal by the cops.

You may have been asked to take a preliminary breath test while you were in the field or with the officer. This test result is not admissible in court and would not count as the required test. You have a right to refuse to take this test and it would not affect your license.

Which is better in a DUI breath test blood tests, before the differences in the tests there are different laws for alcohol DUI / DWAI and Drug DUI/DWAI.

Alcohol Test

An arrest for suspected alcohol DUI or DWAI in Colorado means that you must submit to either a test of your blood or breath (DUI breath test blood test). This is your choice; the officer cannot make it for you or change your choice, unless there is an emergency.   You also cannot change your choice, meaning if you say breath, you must cooperate and take the breath test, you cannot later change your test to blood. This will be deemed a refusal.

Drug DUI or Drug and Alcohol DUI

There are different laws for driving under the influence of drugs or drugs and alcohol.  Then you must consent to either a blood, urine, or saliva test. The choice is the officers and not yours. The difference is how the legislatures has written the statutes; it has nothing to do with your rights.

Blood Test

If you chose a blood test, you can expect to receive results several weeks or even months after the arrest date. This could mean that the DMV would take no action on your license until the results are submitted.  Blood results are not 100% reliable.  There could be issues with the sample itself, the machine used to analyze the blood, or the technician could have acted in a way that would contaminate the sample.

Breath Test

If you submit to a breath test, you will have immediate results. If the result is over a .08, then the DMV will immediately be notified and you would have only 7 days to ask a hearing to challenge any licenses suspension.  Breath testing devises, like any machine, can be wrong or broken and there could be defenses available to you.  Potential issues with a breath test could be from operator user to a failure in the device itself.

Colorado uses the Intoxilyzer I-9000.  This is a relatively new machine currently used in only two states, Colorado and Georgia.

We appreciate you taking the time to read this post on a DUI breath test blood test.  We invite you to contact us for more information or a free case review by call ing (303) 747-4686 or click FREE INFORMATION.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, DUI Post | Comments Off on DUI breath test blood test

Will a Red Card Get You Out of a Marijuana DUI in Colorado?

Jun. 20th 2014

Marijuana DUI’s in Colorado

As things are rapidly changing with the use, possession, and enforcement of marijuana laws in Colorado there tends to be a lot of misinformation about Marijuana DUI’s.  The first misconception is in regards to red cards or a medical marijuana recommendations.  Have a valid medicinal marijuana card is not a get out of a DUI free card. Showing or telling the officer you have a red card would most likely get you arrested, charged with a Marijuana DUI and you could go straight to jail.  This is because if you tell the officer you have a red card, the next logical question would be if you recently smoke or ingested any marijuana.  Admitting to using marijuana hours before the stop could give the officer enough probable cause to arrest you for suspicion of driving under the influence of Marijuana.  Click the following line for more information on Drug DUI in Colorado.

Even if you have a valid Red Card that is not a defense to a Marijuana DUI.  The law is clear, if you are too impaired to drive due to drugs, alcohol, or marijuana, you should not be operating a vehicle.   Most cops tend to treat marijuana just like alcohol, any amount in your system would impair your ability to drive.  The problem with this type of thinking is that unlike alcohol; just having some TCH in your blood does not correlate to impairment as it relates to a Marijuana DUI.  TCH can stay in your blood or body tissues for months after use.  There have been documented studies that have shown TCH in someone’s body for as long  as six months. This is not true for everyone and one of the difficulties with Marijuana DUI prosecution is that each person will metabolize and eliminate marijuana at a different rate, there is no consistent.

You Must Submit to a Blood, Urine, or Saliva Test if You Are Arrested for Marijuana DUI; or You May Loose Your License

If you are arrested for suspected Marijuana DUI,  you must submit to either a test of your blood, urine, or saliva and it is not your choice; but the officer’s choice. If you refuse such a test, your license may be revoked by the DMV. After the test and immediately upon release, contact a DUI attorney in your area to start them working on your defense.  Marijuana DUI’s are very specific type of cases that need a skilled and knowable attorney.

We hope that this post on Red Cards and Marijuana DUI’s was helpful to you. Should you have any questions or like a free consultation with Ms. Schmidt, please contact us directly at (303) 747-4686 or by clicking here.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, DUI Post, Marijuana DUI | Comments Off on Will a Red Card Get You Out of a Marijuana DUI in Colorado?

Myths About DUI Charges

Jan. 26th 2014

There are a lot of thoughts on how to beat or get out of a DUI – best way that I know as a DUI defense attorney, is to not drink and drive.  Over the years, I have received a lot of questions about misinformation and DUI charges in Colorado.  This post seeks to show why some of the more common myths are untrue.  To discuss your case – contact us at (303) 747-4686 or click here.

Myths about DUI charges

MYTH 1:  If the keys are not in the ignition, I can not be charged with a DUI

FALSE:  The cops could still arrest you for DUI, even if the keys were not in the ignition.  The cops will ask you if you drove, will look at the position of the driver’s seat, and place of the car keys (aka, if they are in your possession –that will be used to show that you drove

MYTH 2:  If I’m arrested for DUI and I refuse to take a blood or breath test, that cannot be used against me.

FALSE:  If the cops have probable cause (which is a very low standard) to arrest you for DUI in Colorado you must consent to either a blood or breath test.  If you refuse a test, your licenses will be suspended for one year by the DMV. In addition, the government will use the fact that you refused a test to show that you were trying to hide the alcohol in your system.

MYTH 3:  I MUST take the roadside tests if requested by the officers.

FALSE:  You do not have to answer any questions or complete any FST or Roadside tests.  These tests are designed for you to fail.  You will never perform them satisfactorily and this is more ammunition for the government to use against you.  For more information on roadsides, check out our FST posting.

MYTH 4:  I should admit that I have one or two drinks

FALSE:  You have a constitutional right not to self incriminate.  This means that you do not have a duty to tell the officers that you had drunk any alcohol or that you only had 1 or 2 beers.   In fact, you don’t need to answer any of the officers questions.  FYI – one or two beers is the top response that officers generally get and rarely does a blood or breath test confirm just one or two.

MYTH 5:  If I’m not seen driving, I cannot be charged with DUI

FALSE:  As stated above, there are many ways the government will try to show you and not someone else was driving.  The government will use circumstantial evidence to show that you were driving.  The cops will testify to such things as:  no one else was around, car was warm to the touch, keys were in you pocket/hands, and possible that the seat position matched your approximate height.

If you have more questions or what to ask a question, simply contact us here.  For more information about DUI penalties in Colorado, check out our DUI page.

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post | Comments Off on Myths About DUI Charges

FOURTH AMENDMENT DISALLOWS WARRANTLESS BLOOD DRAW IN DUI CASES

May. 2nd 2013

FOURTH AMENDMENT DISALLOWS WARRANTLESS BLOOD DRAW IN DUI CASES

The U.S. Supreme Court recently held that the police could not conduct a warrantless blood draw in a routine DUI investigation.  In Missouri v. McNeely, the court held that “ in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.”

The government was arguing for a “per se” rule that would allow the cops to draw blood without your consent and without a warrant in all DUI cases and DUI investigations.  The U.S. Supreme Court rejected this argument and found that there was no exigency that would justify such a per se rule.  Allowing the cops to force a blood draw without your consent and without a warrant in DUI cases could result in the police- simply drawing blood based on a hunch and NOT probable cause.  For more information about your rights during contact with law enforcement, visit our MIRANDA  and DUI STOPS WHAT YOU NEED TO KNOW posts.

Our Fourth Amendment of our United States Constitution guarantees your right to be free from unreasonable search and seizure.  A warrant is issued by an independent magistrate and must be based on probable cause.  Generally, a search or seizure based on a properly issued warrant is reasonable and is not a violation of the Fourth Amendment.

Throughout our history the courts have carved out various exceptions to this warrant requirement.  One such exception is the exigency requirement.  Exigency applies when the situation make the needs of the police so compelling that a warrantless search objectively reasonable.  An exigency requirement has been found constitutional based on a theory of destruction of evidence- basically giving the cops no time to seek a warrant because they are confronted with a now or never situation because the sought after evidence would be destroyed.

A blood draw is a physical intrusion beneath the skin and into the veins to remove evidence to be used in a criminal prosecution.  Thus, you have a Fourth Amendment right to be free from an unreasonable seizure of your blood.

This does not mean that a warrantless blood draw would be unreasonable, but the Court refused to hold a per se exception to allow all warrantless blood draws.  If a warrantless blood draw is or is not a violation of your Fourth Amendment rights will be determined by the specific facts of your case.

In the context of DUI investigations, if the officer has probable cause to arrest you for suspension of DUI, Colorado has an Express Consent law. Refusing to consent to blood or breath test would most likely result in the revocation of your Colorado license for at least a year by the Colorado Motor Vehicle Department.

If you feel that your Fourth Amendment Rights have been violated or you were the victim of an unreasonable search or seizure by the cops – contact us for additional information at (303) 747-4686 or click here.

Thank you for visiting our post on the Fourth Amendment- for more information about us- visit our website at:  www.criminaldefenseyouneed.com 

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post, Fourth Amendment | Comments Off on FOURTH AMENDMENT DISALLOWS WARRANTLESS BLOOD DRAW IN DUI CASES

DUI Field Sobriety Tests Typically Given in Colorado

Apr. 16th 2013

Standard DUI Field Sobriety Tests

YOU can refuse to complete any DUI Field Sobriety Test or Roadside tests.  You are being asked to complete the test to help the officer build enough probable cause to arrest you for driving under the suspension of drugs and/or alcohol.  For more information on DUI charges in Colorado, visit our blog on DUI Laws and DUI Stops.

There are three standardized field sobriety tests that are recognized by NHTSA (National Highway Traffic Safety Administration). These DUI Field Sobriety Tests are suppose to give clues to an officer as to if the proponent is or is not under the influence of alcohol.  The tests are suppose to require the proponent to complete different tasks at the same time.  If the tests are not performed as required, then the validity of the DUI field sobriety test is questionable.

The DUI Field Sobriety test will start at the instructional phase. You would most likely be asked to stand with your feet together with your arms at your side.  This is part of the test as well as following the directions of the officer.  Each test has a certain number of clues that the officers are taught to look for.

  1. Walk and Turn

In this DUI Field Sobriety test, officers will look for 8 “clues” on this test.  You will be asked to walk heel to toe for nine steps on either a real or imaginary line, turn, and take nine steps back.  You will be judged on such things as stepping off the line (even if its imaginary), keeping your hands by your side, and completing the turn correctly.

  1. One Leg Stand

Typically officers will look for four clues in this test.  You will be asked to raise one leg approximately 6 inches off of the ground, while keeping your arms at your side and your eyes focused on the raised leg and count out loud.

  1. Horizontal Gaze Nystagmus 

Nystagmus is the involuntary jerking or bouncing of the eyes.  Officers are trained that one cause of Nystagmus could be alcohol or a Central Nervous System Depressant.  There are hundreds of other causes for Nystagmus.

Non-Standard Field Sobriety Tests

Often time and in addition to the above tests, officers may ask (which you can refuse) to complete other, non-standardized tests when conducting a DUI investigation in Colorado.  An officer would most likely testify that although not the standardized DUI Field Sobriety Tests, these unverified tests allowed him or her to make a determination into your sobriety or likelihood that you are operating a car under the influence of alcohol.  These tests can include:.

  1. Modified Attention Deficit or Romberg:  This test requires you to tilt your head back slightly and estimate 30 seconds in your head.  Officers are measuring your “internal” clock to determine if time is slower or quicker.
  1. Alphabet test:  This unverified DUI field sobriety test requires you to state (not sing) the alphabet starting from a mid-range letter.  This is not a scientifically valid test.
  1. Finger to Nose:  You would be asked to tilt your head backwards and touch your nose with your index finger.  This test has not been scientifically validated.

Thank you for visiting our post on DUI Field Sobriety Tests.  For additional information on DUI or DUI defense, click here or contact us a (303) 747-4686.

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post | Comments Off on DUI Field Sobriety Tests Typically Given in Colorado

Colorado DUI stops- what you have to know

Apr. 11th 2013

Typically Colorado DUI Stops Involve Stages

Stage One Colorado DUI:  traffic stop

The traffic stop must begin with you doing something wrong.  The officer MUST have articulable reason to pull you over.  This can range from a traffic violation such as speeding or weaving to a defective license plate. The point is there must be an articulable reason for the stop.

Stage Two Colorado DUI:  initial observations 

A first response in a traffic stop is to roll down your window.  In a Colorado DUI stop this allows the Officer to make observations such as an order of alcohol and blood-shot eyes.  These are clues that the officer uses as signs of potential intoxication and to build probable cause to arrest you.  Roll down your window only enough so that you can hear the officer and provide your license, registration and proof of insurance.

Stage Three Colorado DUI:  Questioning

Upon contact with the officer in a Colorado DUI he or she will most likely ask you to do or answer various questions- don’t be fooled.  You do not have to answer or submit to any of the questions or requests.  By framing what they want you to do as a request they are asking for your consent, if you answer or comply you just consented.

During the Colorado DUI stop, the officer will most likely ask you questions – such as “have you been drinking.”  YOU DO NOT have the answer this or similar questions.   You have a right to remain silent- exercise it.  For more information on this topic see our post in MIRANDA.

Stage Four Colorado DUI:  road side tests

If the officer asks you to complete road side tests- you can say no.  By asking, again the officer is looking for your consent.  The officer cannot force you to submit to roadside tests such as a Walk and Turn or Finger to Nose Test.

Stage Five Colorado DUI:  arrest

Upon arrest- the officer would most likely read you the express consent law this is required in a Colorado DUI stop.  Express consent provides you the choice between take a blood or breath test.  If you refuse to take either test your Colorado license would most likely be suspended for a year.

Most likely it is at this stage that you were read your Miranda rights- if you were read them at all.

What You Have To Do

  1. Do give your license, registration, and proof of insurance to the officer
  2. Do listen to the reason for the stop
  3. If arrest for suspicion of DUI you must submit to either a blood or breath test

What You Do Not Have To Do During a Colorado DUI Stop

  1. You do not have to roll down your window (a small crack in the window will allow you to hear the officer and slide your information to him)
  2. You do not have to look at the officer.
  3. You do not have to answer any of the officer’s questions regarding drinking, your health, or vehicle, or the reason for the traffic violation
  4. You do not have to submit to any voluntary roadside test or field sobriety tests

Thank you for visiting our post about Colorado DUI stops.  For additional information on DUI laws or specific information about your DUI arrest, contact us directly at (303) 747-4686 or by clicking here.

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post, traffic | Comments Off on Colorado DUI stops- what you have to know

Do I Face Jail Time for DUI in Colorado

Mar. 19th 2013


Will I go to jail for a DUI; what are Colorado DUI penalties

Each DUI charge in Colorado has a statutory minimum and maximum amount of jail time for DUI.  Depending on the facts of your case, all or part of the time could be suspended.  In addition, you may apply for alternate sentencing programs such as house arrest.  Contact a local DUI attorney to determine various alternative sentencing programs.

This post seeks to provide education regarding specific jail time for DUI that you may face if convicted of a DUI in Colorado.  For a chart of other penalties for DUI convictions in Colorado, click here.

Colorado DWAI penalties – First offense jail time

In Colorado DWAI penalties can include jail time.  The range of jail time for DWAI is between a minimum of 2 days to a maximum of 180 days in county jail for a first DWAI offense.   The judge does have the discretion to suspend the jail time in exchange for successful completion of an alcohol or drug program. More than likely you spent several hours to a night in jail at the time of your arrest.  Depending on the facts and circumstances of your arrest, you may be able to avoid any additional jail time for a DWAI conviction.

Colorado DUI penalties – First offense DUI jail time

 Colorado DUI penalties mandate at least 5 days with a maximum of one year in jail for  DUI first offense if the blood alcohol content was below 0.20 at the time of driving or within two hours of an evidentiary test and there was no accident or injury.

It is possible to avoid this mandatory jail time for a first offense DUI.  The mandatory time could be suspended in exchange for completing an alcohol education program.  If you fail to complete probation successfully, a court could impose jail time at a later date, up to a maximum of one year.

Colorado DUI penalties for DUI First offense BAC over 0.20

There is a mandatory 10 days that must be imposed if on your first offense the blood alcohol level is above a 0.20.  The judge must sentence you to the minimum of 10 days in county jail.  The maximum amount of jail time for DUI that you could face is one year.  This means that you face at least 10 days and at most one year jail time for DUI with an elevated BAC.

If you qualify for an alternative sentencing program will depend upon the jurisdiction, facts of your case, and any mitigating factors.  Contact a DUI attorney for specific information regarding your case.

Colorado DUI penalties for Second Offense

Colorado DUI Laws require a mandatory 10 consecutive days in county jail for second offense DUI.  This time must be imposed which means the court has no choice but to give you at least 10 days jail time for DUI-second offense. In addition to the mandatory 10 days you could receive up to a maximum of one year in county jail.

If the second offense occurs within five (5) years of a first conviction for DUI, DUI per se, or DWAI- then DUI penalties require the time to be served in custody.  There is no good time credit.

 DUI Third Offense- Colorado DUI penalties

Colorado DUI laws require a mandatory 60 consecutive days in county jail for third DUI offense.  This is mandatory which means the court cannot suspend any part of the time.  There is no good time credit; you would most likely have to serve the entire 60 days.  In addition to the mandatory time, you could receive up to a maximum of one year in county jail.

There could be additional jail time imposed if at the time of the DUI offense you licenses was restricted or suspend or you are designated as an habitual offender.  This would be in addition to anytime received for the underlying offense and could elevate the crime to a felony.

There are many factors a judge would consider when determining how much jail time for DUI is appropriate.  Many judges would give over the mandatory minimum county jail time; but could also allow alternatives to custody, such as house arrest and /or work release.

Factors relevant to Colorado DUI penalties and jail time for DUI include:  length of time between prior DUI and current DUI, aggravating factors such as high blood alcohol content (over 0.20), accidents, injuries, and/or property damage.  There could be mitigating factors, which would reduce DUI penalties, such as good driving pattern, low blood alcohol content, and significant time between prior convictions.  A skilled DUI attorney would be able to make the strongest arguments on your behalf and provide real expectations for your jurisdiction.

Thank you for visiting our post on DUI jail time in Colorado.  For additional information, please contact us directly by clicking here or calling us at (303) 747-4686.

 

 

 

 

 

 

 

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post | Comments Off on Do I Face Jail Time for DUI in Colorado

Colorado DUI Laws and Charges

Mar. 14th 2013

There are three separate Colorado DUI laws that could be charged in a given DUI prosecution.  The standard of proof for each Colorado DUI law is different.  This post explains the three main Colorado DUI laws.  If you or a loved one are charged with DUI, find out more about the state’s burden of proof and potential defenses by reading below.

In addition, if you are accused of DWAI, DUI, or DUI per se, and you are under 21, you may face additional penalties and charges.  The main difference is that you could lose your license for a year and legal limit for alcohol levels could be lower.  Consult a DUI attorney for more specific information regarding Colorado DUI laws relating to minors.

Driving While Impaired by Alcohol and/or drugs (DWAI)

 In Colorado DUI law, DWAI is considered a less serious charge than DUI or DUI per se.  Driving “while impaired by alcohol and/or drugs” means that the consumption of alcohol, drugs, or both had affected a person in the slightest degree so that the person is less able than he/she ordinarily would have been to exercise clear judgment, sufficient physical control, or due care in operating the car. Colorado DUI laws do not have a specific blood alcohol level or drug level.

There is a presumption, which means you can infer that a person is NOT impaired by alcohol if the BAC is .05 or les at the time of driving or within a reasonable time thereafter.

There is a second presumption contained with the Colorado DUI laws that if the BAC is over .05 but below a .08 at the time of driving or within a reasonable time thereafter, it can be inferred that the person’s ability to operate a car was impaired by the consumption of the alcohol.  Even with a BAC between .05 and .08, there could be defenses to both the results of the chemical test and the interpretation of those results.  This is a very fact specific and highly scientific, consult with a Colorado DUI attorney to determine your best course of action. 

Driving Under the Influence of alcohol and/or drugs (DUI)

Driving under the influence means that the consumption of alcohol, drugs or a combination of both, affect the person’s ability to exercise clear judgment, sufficient physical control, or due care in the safe operation of the car.  Colorado DUI laws require  the government must prove that the alcohol, drugs, or combination of both altered your ability to drive safely.  There are no requirements of a specific alcohol or drug level.

There is a presumption, which means you can assume that a person is NOT under the influence of alcohol if the BAC is .05 or les at the time of driving or within a reasonable time thereafter.  This is a legal defense to a misdemeanor DUI charge contained within the Colorado DUI laws.

There are other defenses to a DUI charges in Colorado. To determine what defenses you may have available to you, contact a Colorado DUI attorney in your area.

Driving with a blood alcohol content over .08% by weight. (per se)

            This is commonly referred to as the “per se” charge.  This Colorado DUI law is for alcohol offenses only.  It is unlawful to drive with a BAC of .08 or more at the time of driving or within two hours of driving.  Although it’s a “per se” charge, there still may be defenses available to you.  If you submit to a blood or breath test, there are specific procedures and safeguards that must be followed, if they are not complied with the test results can be questioned.   For breath tests, the machines accuracy and conversion rates could be challenged.   In addition, the timing of the driving and evidentiary test could call into question the relevancy of any results.

Under Colorado DUI laws, a person can be charged and convicted of DUI, DUI per se, and DWAI at the same time; however, any punishment must run concurrently.  This means you can only be punished one time for all three crimes.  For more information on potential penalties for DUI, DUI per se or DWAI, click here.

Thank you for visiting our site on Colorado DUI laws.  To contact a Colorado DUI attorney, click here or call us at (303) 747-4686.

 

Posted by Laurie Schmidt | in DUI arrest, DUI laws, DUI Post | Comments Off on Colorado DUI Laws and Charges