Governor Herbert in Utah just signed a bill to lower Utah’s BAC threshold for DUI offenses from .08 to .05. Utah will be the first state to lower their BAC to this level when the law takes effect in 2018. It’s noteworthy that Utah was also the first state to…
Articles Posted in DUI
Colorado Ignition Interlock Violation Suspension Hearings
Colorado law mandates that ignition interlock drivers are required to extend their ignition interlock lease agreements by a period of 12 months when it is reported by their ignition interlock provider that the ignition interlock device has prevented the operation of a motor vehicle in 3 of 12 consecutive reporting…
Winning a DUI Refusal Revocation because of Miranda.
The burden of proof at an Express Consent Revocation Hearing in a Colorado DUI case is a preponderance of the evidence. In order to sustain a refusal revocation, the police must show that the respondent was driving or in actual physical control of a motor vehicle (a commercial vehicle also…
Colorado’s Felony DUI Law – 4th Offense is Now a Felony
Colorado’s Felony DUI law is relatively new and went into effect on August 5, 2015. In Colorado, driving under the influence (DUI), driving under the influence per se (DUI per se) and driving while ability impaired (DWAI) offenses are misdemeanors. However, under the new law, a fourth offense (of DUI,…
Tips for avoiding a holiday DUI in Colorado.
As the holidays are quickly approaching, police agencies are out in full force looking for impaired drivers. Colorado law enforcement agencies typically expect more motorists to be on the road traveling to grandma’s house, meeting up with friends, or perhaps attending an office party or other holiday party. It’s important…
Lamar Odom arrested for DUI in California. Colorado DUI process not dissimilar.
CBS News reports that NBA Star Lamar Odom was recently arrested for DUI in California: “The former Los Angeles Laker and Clipper was arrested by the California Highway Patrol (CHP) in the early morning hours of Aug. 30 after officers noticed him driving slowly and weaving in and out of…
Colorado doesn’t have a Felony DUI law for multiple offenses.
An Upper Darby Pennsylvania man was recently arrested for his 11th DUI in Delaware after being released on another DUI two days previously. Cindy Scharr of the Delaware County News Network writes that: “James John Duggan, 54, posted $1,000 bail on July 9 and walked out of Delaware County prison,…
1342 people arrested for DUI in Colorado over Labor Day period.
This figure is down approximately 100 arrests from the similar period in 2012 from August 17, 2012 through September 4, 2012, according to an article by Andy Koen of KOAA News. 1442 was the estimated number of DUI arrests over the similar period in 2011 according to an article by…
DUI on a horse in Boulder, Colorado….well sort of.
According to an article by Matt Farley of KDVR, “Witnesses Monday said the man hit the horse hard enough that it reared up on its hind legs.” “Officers observed that the rider was slumped to his right side as he crossed streets and forced pedestrians off the sidewalk.” The Salt…
Evaporation of Reasonable Suspicion = Magical Colorado DUI dismissal.
If a Colorado police officer stops a motorist, she must have legal grounds to do so. In the DUI context, this typically results from stopping the motorist for some minor traffic violation (an investigatory stop). Common examples include speeding 5 miles per hour over the limit, tail light out, headlight…