DUI Defense
Fighting a Wrongful DUI Charge in Colorado
A completely sober person driving a vehicle can still be arrested for DUI in Colorado. False or wrongful DUI arrests are not uncommon. Police have the authority to arrest someone who is driving under the influence of alcohol or drugs. They do not have the right to wrongfully charge a driver without a valid reason.
How Is a DUI/DWI in a School Zone Charged in Colorado?
Driving under the influence of alcohol or drugs is a serious offense under any circumstances. This crime is treated even more harshly under the law when it occurs in a school zone. DUI in a school zone means harsher penalties upon conviction. Colorado law states that any person who commits a moving traffic violation in a school zone is subject to increased penalties, at CO Rev Stat § 42-4-615. Penalties for DUI are severe, even when it does not occur in a school zone. They may include up to a year in jail, fines of up to $1,000, up to 96 hours of community service, and driver’s license suspension for up to nine months.
How to Avoid a DUI During the Super Bowl in Colorado
Football season is a time for tailgating. Many fans are celebrating with friends, food, and drink, particularly during the Super Bowl. Tailgating and Super Bowl parties are an important part of American culture, but no party is worth a DUI arrest.
Timothy Bussey Discusses DUI Case on FOX21
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.
How a Lab Error Can Lead to a DUI Conviction
Law enforcement uses crime lab evidence to get DUI convictions. Breathalyzer and blood testing are designed to prove the defendant was over the legal blood alcohol concentration (BAC) limit while driving. But crime labs can make errors that can lead to a false positive. In that case, an experienced Colorado Springs DUI attorney can help defend you against a conviction.
How Colorado’s Five Year Rule Can Help a Second DUI Charge
Have you been arrested and charged with DUI and have a prior DUI conviction? Colorado law allows for more severe penalties to be imposed in a second DUI, but only if the first DUI occurred within five years before the current charges. If you are accused of DUI, your first action is to exercise your right to remain silent and your right to an attorney. Make sure you choose the right DUI defense lawyer, as not all DUI defense attorneys are created equal.
Why You Can Be Labeled a Habitual Traffic Offender for a DUI
Being charged with a single DUI can upturn your life. You may lose your license, be sent to jail, and have to pay hefty fines. Because Colorado treats DUIs as priorable offenses, defendants can face harsher penalties if they have committed DUIs in the past. In serious cases, this can lead to being labeled a habitual traffic offender.
How Smoking Can Affect a Breathalyzer Test
During a traffic stop, police will rely on breathalyzer tests to determine if a driver is intoxicated or not. These tests measure drivers’ blood alcohol concentration (BAC) through their breath and can hold a lot of weight in a criminal case. However, this is assuming that an officer followed proper procedures when administering a test, and that the device function properly. It is also possible for smoking habits to also impact a DUI test.
Penalties for Tampering with an Interlock Device
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.
How Should I Respond at a DUI Checkpoint?
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.