DUI Defense
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.
I Was Arrested for Drunk Driving in Colorado. How Do I Get My License Back?
If you have been arrested on suspicion of driving under the influence (DUI) in Colorado, you may already be facing a driver’s license suspension—even if you have not been convicted of any crime. The suspension related to the arrest is an administrative action taken by the Colorado Department of Vehicles (DMV), not a criminal penalty. Unfortunately, its effects on your life are the same no matter who enforces the suspension.
If you’ve been stopped on suspicion of DUI and are facing a license suspension, the length of the suspension depends on whether the stop was your first, second, or later stop. For a first stop, the suspension period lasts nine months, although you can get your license reinstated after one month with certain restrictions, such as the use of an ignition interlock device. You may need to fulfill other requirements as well, such as obtaining an SR-22 certificate of insurance from your auto insurance company and paying the DMV fee for reinstatement.
Will Colorado Lower the B.A.C. to 0.05?
On May 14, 2013 the National Transportation Safety Board (NTSB) announced a new recommendation to pursue a national 0.05 blood alcohol concentration (B.A.C.) per se limit. A per se limit is the level of intoxication at which a person is automatically driving illegally, regardless of their actual level of impairment. The NTSB’s recommendation has resulted in debate about whether a lower B.A.C. would solve or create more problems with drinking and driving.
The lowering of B.A.C. limits started many years ago. In 2000, Congress used the power granted to them by the Tax and Spend Clause to pass the Department of Transportation Appropriations Act, which threatened to cut off transportation funds for states that did not have laws setting its B.A.C. limit at 0.08 by 2004. By 2004, all 50 states had lowered their B.A.C. level from 0.10 to 0.08. Now, the NTSB is presenting reasons to lower B.A.C. levels again.
The NTSB has cited several reasons for this reduction. According to the NTSB, the per se B.A.C. limit should be lowered for the following reasons:
Memorial Day Marks Start of Increased Colorado DUI Patrols
In 2012, the 100 days immediately following Memorial Day saw 542 arrests of Colorado drivers on suspicion of drunk driving, according to the Colorado State Patrol. This year, the state patrol and other law enforcement agencies throughout the state are increasing their DUI patrols to crack down on suspected drunk driving in the state.
Called the “100 Days of Heat” campaign, the goal of the increased enforcement is to encourage sobriety and stop drunk drivers, according to the Colorado State Patrol. Since patrols and traffic stops are likely to increase, the number of arrests on suspicion of DUI may also increase – along with penalties like administrative license suspension, which takes place automatically when a Colorado driver is arrested on suspicion of driving under the influence (DUI) or driving while impaired (DWI).