Posts Categorized: DUI

If I Get Stopped For a DUI, Do I Have to Perform Roadside Tests?

​You’ve probably seen or heard of people doing roadside tests during a DUI investigation.  But how much do you really know about those “tests?” First, you may hear them called different things:  roadside tests, roadside maneuvers, standard field sobriety tests (SFST’s).  These tests are “premised on the predictable effects of the consumption of ethyl alcohol:… Read more »

A DUI … But Marijuana is Legal in Colorado

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 »

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 »

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 »

Felony DUI Law Change

In 2015, Colorado passed a law making it a felony to drive under the influence if you have 3 or more prior convictions for a drug or alcohol related driving offense.  The felony DUI was classified as a class 4 felony.  Prior to the enactment of that law, a DUI, regardless of how many priors… Read more »

Extreme DUI Charge for NFL Player

Arizona DUI Law NFL wide receiver, Michael Floyd, was arrested for a DUI in Scottsdale, Arizona following the Arizona Cardinals loss to the Miami Dolphins last weekend.  Floyd was unconscious, sitting in his running car, when police initially contacted him. It took police multiple tries to wake him. Records released by police indicate Floyd’s BAC was… Read more »

Wide Array of Sentencing for Felony DUI

Colorado’s felony DUI law went into effect last year.  The law made a DUI a class four felony if the person had three prior alcohol related driving convictions (either DUI or DWAI).  The priors can be from Colorado or from out of state so long as the out of state conviction is for an offense… Read more »