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 »
You need to take immediate action! Vehicular assault is a heavily prosecuted crime in Colorado and, often times, defendants face steep penalties, including potential mandatory sentencing and a loss of driving privileges before a conviction even occurs. Read the rest »
Americans are protected from unlawful search and seizure by the Fourth Amendment to the Constitution of the United States and by Article II Section 7 of the Colorado Constitution. This essential right protects us all against arbitrary arrests, and forms the basis for the rules made regarding search warrants, stop-and-frisk, safety inspections, and other criminal issues. Read the rest »
If you have been accused of driving while under the influence of alcohol, then you probably have already been confronted by the confusing process of an Express Consent (EC) license revocation. In Colorado, the Express Consent Law requires any person to cooperate in the taking and completing of a chemical test if a police officer has probable cause to believe the person is driving under the influence or his ability to operate a motor vehicle is impaired because of alcohol, drugs or both. Read the rest »
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.