When people hear “DUI” they generally think of alcohol. However, since Colorado has legalized marijuana, laws have been put in place to regulate the use of marijuana and impaired driving. In Colorado, if you get pulled over for suspicion of a DUI and the police officer thinks that you may be under the influence of… Read more »
DUI Breath and Blood Testing and Refusals
Breath Tests, Blood Tests, and Refusals In Colorado, when you are stopped for suspicion of a DUI or DWAI, you are given two options under the Colorado Express Consent laws. You have the option of giving a sample of breath or blood and if you elect not to take either test, then you are deemed… Read more »
Does It Matter If I Refuse a Test in a DUI Case?
Short Answer: Yes, it does matter. But why? Long Answer: Colorado law gives police officers permission to ask a person they suspect of driving under the influence to cooperate in the taking and completing of a blood or breath test to determine the driver’s BAC. More importantly, once a police officer makes the request, as… Read more »
What does it mean for a vehicle to be operable and why is the important when talking about a DUI?
Can you get a DUI if your car is not operable? When is a car considered inoperable? Colorado courts have addressed this question. The standard that the courts have followed is whether the vehicle is “reasonably capable of being rendered operable”. People v. VanMatre, 190 P.3d 770, (Colo. 2008). This designation is important because it… Read more »
For the purpose of a DUI or DWAI charge, what is the meaning of “Driving”?
When facing allegations of a DUI or DWAI it is important to know key terminology. Obviously both charges involve “driving”, whether it is driving under the influence or driving while ability impaired. The word “driving” is an important and sometimes misunderstood term that is pivotal to both offenses. It can be confusing because you do… Read more »
What is a Deferred Judgment?
A deferred judgment is a way to plea bargain a case that gives the defendant the opportunity to avoid a conviction for a crime so long as he or she successfully complies with terms and conditions of the deferred judgment. If a deferred judgment agreement is reached, the judge will take a guilty plea to… Read more »
DUI Sentencing CLE
We had the privilege of presenting at a CLE this week. CLE stands for Continuing Legal Education. Attorneys are required to complete 45 Continuing Legal Education hours every 3 years in order to keep their law license up to date. The Colorado Criminal Defense Bar gave us the opportunity to present on DUI sentencing. Specifically,… Read more »
Colorado Springs Man Arrested Following Crash
Following a bad accident that injured two children, a Colorado Springs man has been arrested. He is facing the following charges: DUI Vehicular Assault Hit and Run Child Abuse Careless Driving Driving with a Revoked License A woman has also been charged with child abuse in connection with the case. The crash happened on August… Read more »
Colorado Springs: Two Careless Driving Cases; Different Treatment?
According to the Colorado Springs Gazette, drivers in two pedestrian deaths are receiving different treatment by the El Paso County District Attorney’s Office. Fact Pattern #1: Driver 1 was driving south on Tejon in Colorado Springs, looking for a parking spot. He drove past an angled parking spot, stopped and drove in reverse to get… Read more »
People v. McKnight – Dog Sniffs & the 4th Amendment
That time Kilo alerted, and made himself obsolete We here at Dahl, Fischer & Wilks have been hearing a lot about dogs lately. First, we are hooked on Malcolm Gladwell’s Revisionist History Podcast. If you have not listened to it, stop reading this and go listen to an episode. Do it now, go ahead, we’ll… Read more »