Colorado Springs Criminal Defense Blog
Breaking Down the Third DUI Arrest of Pueblo County Sheriff’s Deputy
Attorney Timothy Bussey appeared on local news affiliate FOX21 to explain charges facing a Pueblo County Sheriff’s Deputy after a third DUI arrest. The deputy faces two charges, careless driving and driving under the influence, after his latest arrest this past June in Huerfano County. While Mr. Bussey is not personally handling the case, he took time to explain the Colorado DUI laws at play.
Several felony crimes are listed as “extraordinary risk” offenses under Colorado state law. These are crimes that state lawmakers have deemed pose a substantial risk to human health, safety, and life. Extraordinary risk crimes come with enhanced prison sentences, and minimum sentencing guidelines.
In a DUI conviction, the person may be required to have an interlock device installed in any vehicle they drive. The installation of the device makes it possible for a driver convicted of DUI to be able to legally operate a vehicle sooner after a license revocation. Any person who is found to have tampered with one of these devices faces serious penalties.
Colorado laws are tough in cases of domestic violence. If a person calls 911 due to an attack, or threat of an attack by a domestic partner, the police are dispatched to the home. Law enforcement will arrive at the door, and they are obligated to make an arrest, to one or both people involved in the incident.
DUI checkpoints are common on the weekends around Colorado Springs, as bars, clubs, and restaurants become packed with customers. Police officers may set up checkpoints on major roads to identify impaired drivers and arrest them before a collision can occur.
Even if you have already experienced passing through a DUI checkpoint, it is important to understand your rights and how to respond to officers just in case. You don’t want to be facing serious charges.
The consequences of a DUI in Colorado can be swift and harsh. Defendants only have a limited amount of time to fight a driver’s license suspension after an arrest, and a judge can issue hefty criminal penalties, including jail time and court fines, for a single incident. Even before your trial is complete, you may have to install an ignition interlock device in your car and abstain from all alcohol. But one of the most dehumanizing requirements is a SCRAM.
CBD has become a popular alternative for individuals who want the relaxing effects of marijuana without the psychoactive high that comes with THC. As a derivative of cannabis, CBD oil is legal for possession and use in Colorado, as well as in some instances on the federal level. However, when it comes to our state’s DUI laws, CBD is in a grey area.
Commercial drivers are responsible for delivering much-needed products and equipment, helping people get around Colorado Springs, and keeping our economy thriving. Without their aid, many businesses would struggle to stay afloat during difficult times. But this responsibility also comes with harsher restrictions on driving. If a commercial driver is charged with operating a vehicle while intoxicated – even if it is her personal vehicle – then she risks having her commercial driver’s license (CDL) revoked, which could ruin her career.
Most drivers are aware of Colorado’s DUI and DWAI laws, which make it a criminal offense to operate a vehicle with a BAC of at least 0.08% or 0.05%, respectively, as well as the costs of violating these state laws. But federal DUIs are a different thing altogether, much harder to litigate and defend against. If you are tried in a federal court, you can expect to face off against a federal attorney, but there are ways to beat these charges.
By definition, a person who is incarcerated has lost some freedoms for the duration of the prison term. But every prisoner still has basic human rights guaranteed under the U.S. Constitution. If you or a loved one is facing time behind bars, it is essential to know what rights prisoners have.