In short, no and yes.
There are certain very specific situations in which there is an affirmative defense to a person under the age of 21 in Colorado drinking or possessing alcohol. This does not mean that the person is immune from prosecution, but he or she would have an affirmative defense at a trial. Outside of these situations, underage possession or consumption is a strict liability offense. C.R.S. 18-13-122(2)(b)(I). Read the rest »
Being accused of driving under the influence is an incredibly stressful ordeal. If, however, you have previously been convicted of driving under the influence or driving while ability impaired, you likely have a slew of questions about how your past may affect your future. Colorado has very strict laws and severe penalties for anyone convicted of impaired driving, and it is critical that you understand the charges against you and what can be done to protect your rights throughout this ordeal. Read the rest »
Over the past decade or so, DUI checkpoints have become more common across the United States.
While some states have outlawed their use, they are prevalent in Colorado and knowing how to handle them can make your ride much easier. Be careful and drive safely this Fourth of July, for yourself and your neighbors in Colorado Springs. Read the rest »
When Governor John Hickenlooper signed House Bill 1325 into law in 2013, it established minimum levels of THC, or “tetrahydrocannabinol,” the active ingredient in marijuana, in one’s blood for them to be considered Driving Under the Influence of Drugs (DUID). Under the law, a driver whose THC level exceeds five nanograms of active THC per one milliliter of blood is considered to be driving while “stoned.”
The passing of House Bill 13-1077 was instrumental in changing Colorado’s DUI, DUI per se, and DWAI laws. This bill allows drivers who face having their licenses revoked to challenge the validity of the police officer’s initial contact with them. In other words, a law enforcement officer needs probable cause to pull you over. If the officer didn’t have probable cause, you can raise that issue as a defense at your driver’s license revocation hearing. The hearing officer can take this into consideration while making their decision about whether or not to revoke your license.
The State of Colorado takes the crime of impaired driving very seriously. If you end up being charged with Driving Under the Influence (DUI), the Colorado Department of Motor Vehicles (DMV) has the option of suspending your driving privileges. But, with the help of an experienced Colorado DMV defense attorney, you may be able to keep your driver’s license so that you can go to your job and earn a living.
If you have been arrested for Driving Under the Influence (DUI) in Colorado, you most likely were given a choice between a blood test and a breath test. The third option that can occur is that a person can refuse a chemical test altogether.
If you elected a blood test it may be helpful for you to understand a little bit about blood tests. The first important point is that unlike a breath test, you will not know the results of your blood tests for some time. The blood must be shipped to a Colorado state certified laboratory for analysis. It will only be after the blood is analyzed that you will be made aware of the results.
Getting arrested for driving under the influence (DUI) can be a scary thing and you don’t always know what you can do to defend yourself when facing these charges. Having a DUI attorney there will help tremendously because they’ll bring with them the experience of different defenses that are effective in fighting Colorado DUI charges. Read the rest »
Under Colorado law, a DUI is defined as driving under the influence of drugs or alcohol above the legal limit, thereby affecting your ability to safely operate your vehicle. Being found with a blood alcohol level of above .08 can mean serious charges and penalties for you if you are convicted of drunk driving. Being found guilty of a DUI carries with it the possible penalties of fines, jail time, loss of your license, an increase on your insurance, and a permanent mark on your criminal record. The following are the potential punishments you may face if you are found guilty of driving under the influence in Colorado: Read the rest »
In Colorado a DWAI (Driving With Ability Impaired) occurs when your blood alcohol content (BAC) is at least 0.05%, but less than 0.08%. For a driver who is under 21 years of age, the BAC limit is 0.02 percent. If you have been arrested for a DWAI in Colorado you have seven days to request a hearing. The hearing must be scheduled to take place within 60 days. You can expect to receive notice of the date of your hearing within three weeks of your request. If your license was valid at the time of your arrest, you will be provided with a temporary driver’s license until the time of your hearing. Read the rest »