If you are pulled over on suspicion of driving under the influence in Colorado, the officer may ask you to take a preliminary breath test. At this stage, you have the legal right to refuse the breath test and any field sobriety tests without penalty. The preliminary breath test is one factor law enforcement uses to determine if there is probable cause to arrest you. If you are, in fact, arrested, you will be asked to take an evidentiary breath or blood test, in which case refusal will have severe penalties. Read the rest »
Over the past decade or so, DUI checkpoints have become more common across the United States. Since a 1990 ruling by the United States Supreme Court finding them constitutional (Michigan Dept. of State Police v. Sitz, 496 U.S. 444) many localities have taken advantage of this exception to the Fourth Amendment—the right to search and, potentially, seize. Read the rest »
Do I have the right to refuse a DUI test? Is a refusal the same as my “right to remain silent” or “plead the Fifth Amendment?” Will a refusal affect the penalties I will face, or the length of my license suspension? What options do I have when asked to take a blood alcohol test? These are questions DUI defense attorneys often hear. This is what Tim Bussey, a Colorado defense attorney with the ACS Forensic Lawyer-Scientist Designation, has to say. Read the rest »
Many people believe that a DUI blood test is infallible; and that by submitting to a blood test, you’re automatically convicted. This couldn’t be further from the truth. Colorado DUI attorney Tim Bussey explains the possible defense strategies that can be used against a blood test. Read the rest »
Spring is a busy time for high schoolers, starting with prom and going all the way through graduation. Let’s not forget spring break, either. For those looking to get into trouble, there are plenty of opportunities. The local and state police know all about this time of year, and they will be actively looking for teenagers who are breaking the law. Read the rest »
The penalties for driving with a suspended license in Colorado can be quite severe, including fines, jail time, and further suspension of your license.
These depend on the reason your license was suspended in the first place, as well as how many times you have committed this offense. In any DUR situation, an experienced criminal defense attorney can help minimize your punishment. For specifics to your own situation, please call The Bussey Law Firm, P.C., for a free consultation. Read the rest »
The holidays are when families come together and celebrate. Many people travel great distances to visit loved ones and share the spirit of giving. No one wants to worry about drunk driving. Read the rest »
Memorial Day weekend is a time for families and friends to come together and celebrate. Spring has fully arrived, and the extra day off allows Colorado residents to take a long weekend and visit vacation spots throughout the state.
But be warned: if you will be hitting the road this Memorial Day, you need to be on alert. Police and highway patrol will be out in large numbers looking for drunk drivers. Read the rest »
Few holidays are as directly associated with alcohol as St. Patrick’s Day. A combination of parades, parties, and public celebrations are on display throughout cities around the country. In conjunction with official celebrations, bars and restaurants brace for extra business while putting on their own special events. While much about St. Patrick’s Day is a good-natured celebration of shared heritage, there is nothing to revel in regarding the uptick in drunk driving arrests on March 17th. Read the rest »
Colorado is a football state. Even after a forgettable Broncos season, the Super Bowl is an unofficial national holiday. All over the state Coloradans will be hosting Super Bowl parties to watch and celebrate the big game with family, friends, food, and plenty of alcohol. Read the rest »