Colorado Springs Criminal Defense Blog
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.
What Are the Penalties for an Extraordinary Risk Crime?
Several felony crimes are listed as “extraordinary risk” offenses under Colorado state law. These are crimes that state lawmakers have deemed pose a substantial risk to human health, safety, and life. Extraordinary risk crimes come with enhanced prison sentences, and minimum sentencing guidelines.
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.
Can a Domestic Violence Victim Refuse to Testify?
Colorado laws are tough in cases of domestic violence. If a person calls 911 due to an attack, or threat of an attack by a domestic partner, the police are dispatched to the home. Law enforcement will arrive at the door, and they are obligated to make an arrest, to one or both people involved in the incident.
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.
When Do DUI Offenders Have to Wear SCRAM Devices?
The consequences of a DUI in Colorado can be swift and harsh. Defendants only have a limited amount of time to fight a driver’s license suspension after an arrest, and a judge can issue hefty criminal penalties, including jail time and court fines, for a single incident. Even before your trial is complete, you may have to install an ignition interlock device in your car and abstain from all alcohol. But one of the most dehumanizing requirements is a SCRAM.
Can You Be Charged With a CBD DUI?
CBD has become a popular alternative for individuals who want the relaxing effects of marijuana without the psychoactive high that comes with THC. As a derivative of cannabis, CBD oil is legal for possession and use in Colorado, as well as in some instances on the federal level. However, when it comes to our state’s DUI laws, CBD is in a grey area.
DUI Defenses for Commercial Drivers
Commercial drivers are responsible for delivering much-needed products and equipment, helping people get around Colorado Springs, and keeping our economy thriving. Without their aid, many businesses would struggle to stay afloat during difficult times. But this responsibility also comes with harsher restrictions on driving. If a commercial driver is charged with operating a vehicle while intoxicated – even if it is her personal vehicle – then she risks having her commercial driver’s license (CDL) revoked, which could ruin her career.