DUI Defense
Colorado Passes Felony DUI Bill
Colorado has passed a bill which significantly increases the penalties for those who have prior drinking and driving convictions. On June 1, 2015, Governor John Hickenlooper signed House Bill 15-1043 into law. This new law elevates a fourth conviction or greater for DUI, DUI Per Se, or DWAI over the course of a person’s lifetime to a class 4 felony offense. Addressed below are some frequently asked questions pertaining to the new law.
Q. When Does The New Law Go Into Effect?
A. The new law goes into effect on August 5, 2015. Any violation committed on or after that date has the potential to be charged as a felony so long as the statutory requirements are met.
What is Colorado’s “Express Consent” Law?
When a police officer stops a Colorado driver on suspicion of driving under the influence (DUI), the officer may ask the driver to participate in a chemical test for alcohol or drugs. Often, this is performed as a “breath test” using a device like a Breathalyzer or a Datamaster.
Although it can be tempting to refuse to take this test, the consequences of doing so can be severe. Colorado is an “express consent” state. This means that drivers are expected to consent to a chemical test when asked, and if they do not do so, they risk having their driving privileges suspended. If the officer has probable cause to believe the driver is breaking the state’s driving under the influence (DUI) laws, the driver may also be arrested.
Colorado DUI Laws also Cover “Drugged Driving”
Most Colorado drivers think of alcohol when they hear the term “driving under the influence” or “DUI.” But Colorado’s DUI laws also cover driving while affected by other drugs, whether they are legally prescribed medications, controlled substances, or other substances.
According to the Colorado Department of Human Services, about five percent of all drivers involved in accidents in 2012 were under the influence of marijuana at the time of the crash. Although Colorado recently legalized private use of marijuana in many circumstances, the state still treats driving while under the influence of marijuana as a crime. Drivers may be arrested and face charges if a chemical test finds five or more nanograms of active THC per milliliter of blood.
Supreme Court Refuses to Hear Colorado’s Appeal of DUI Blood Tests Without a Warrant
According to the Associated Press, the U.S. Supreme Court refuses to hear an appeal from Colorado officials who are hoping to give authorities the right to take blood samples from suspected drunk drivers without first receiving permission or a warrant.
In 2013, Colorado officials argued that police officers should be able to draw blood samples from suspected drunk drivers without a warrant because the time it takes to get a warrant can interfere with the evidence. By the time the police have a warrant the suspect’s blood alcohol levels will have decreased.
County Prosecutors Ask U.S. Supreme Court to Review Colorado DUI Case
Prosecutors in Arapahoe County recently petitioned the U.S. Supreme Court to review a driving under the influence (DUI) case heard by a state judge and reviewed by the Colorado Supreme Court, according to an article in the CT Post.
The case involves a 2012 traffic accident in which a driver was given a blood test without his consent and without the police first obtaining a warrant to draw the driver’s blood. The test results said that the driver’s blood alcohol concentration (BAC) was nearly three times the legal limit of 0.08 percent.
What is the SR-22 Insurance Requirement after a Colorado DUI?
If your Colorado driver’s license has been suspended or revoked as a result of a driving under the influence (DUI) conviction or for another reason, the Motor Vehicle Division may require you to obtain an SR-22 insurance form in order to have your driving privileges restored to you.
The SR-22 is available from your auto insurance company. It is a rider that attaches to your insurance policy. It ensures that your insurance company will keep your car insurance in effect for a certain period of time.
DUI Express Consent Actions in Colorado
If you are arrested on suspicion of driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado, your driver’s license may be suspended even if you have not been convicted of any crime. There are several scenarios, known as “express consent” situations, in which this may occur.
Drivers in Colorado are presumed to have consented to a chemical test for alcohol, like a breath or blood test, when they accepted their Colorado driver’s license. If you refuse to take a chemical test when asked to do so by a police officer, your driver’s license may be suspended or revoked for at least 12 months.
Understanding the Horizontal Gaze Nystagmus Test
The “horizontal gaze nystagmus” or “HGN” test is just one of the field sobriety tests a Colorado police officer may expect a driver to submit to when the driver is pulled over on suspicion of driving under the influence of alcohol (DUI). The test requires the driver to follow a small moving object with his or her eyes. By watching the eye movements, the police officer is supposed to be able to determine whether or not the driver is intoxicated.
While this test has an impressive, scientific-sounding name, the principles on which it is based should be analyzed carefully in any DUI criminal charge that depends on the results of the test.
Changes to Colorado DUI Laws Coming January 1
On January 1, 2014, House Bill 13-1240 will go into effect. This bill marks changes that have been a direct result of lobbying efforts by the Colorado Criminal Defense Bar and DUI (driving under the influence) defense firms. House Bill 13-1240 alters several existing laws regarding license reinstatement
Once in effect, House Bill 13-1240 will allow a driver to apply for early reinstatement of their license if they have had their license revoked for one year or more because of a criminal conviction for DUI, DUI per se, DWAI, or has had their license revoked for multiple per se revocations under CRS § 42-2-126. A driver who has been convicted for a DUI, DUI per se, DWAI, or who has had their license revoked on multiple per se revocations may apply for early reinstatement with ignition interlock after he or she has served one month of the revocation.
Lab Scandal Could Affect Thousands of Colorado DUI Cases
A recent review of a Colorado toxicology lab found that a woman who headed the lab had a strong prosecution bias, which could have affected a number of Colorado DUI cases. According to an independent report, the chief administrator actively wanted defendants convicted of DUI. Employees at the lab have admitted that she wanted to help prosecutors. It is unclear if her alleged bias resulted in the tampering of tests, but the allegations call into question the results of thousands of tests and the testimony of her employees.
A review by the Department of Public Health reveals that she may have tampered with tests or even lied in court to aid the prosecution. The review took place months ago, but the results of that review were only released this month. She stepped down from her position in May.