Posts Tagged: Driving Under the Influence

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 »

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 »

Risk Reward of Police Body Cameras

Discussion about police body cameras is on the rise in the wake of incidents involving police misconduct.  Body cameras are not required, but more and more officers are wearing them.  Footage captured on the cameras protects citizens from police misconduct and protects officers from allegations of misconduct. But a recent investigative report on the Today… Read more »

Judge Dismisses DUI – Woman Claims Her Body Brews Alcohol

A judge in Hamburg, New York dismissed a DUI case against a woman who claimed a unique medical condition – a condition that causes her body to brew alcohol.  The condition is called “gut fermentation syndrome” or “auto brewery syndrome.”  The syndrome causes the body to convert carbohydrates found in food into alcohol.  When the… Read more »

10x DUI Offender Sentenced

A judge in Weld County handed down the first felony DUI sentence in the county.  In August, a new law took effect, making a fourth DUI in a lifetime a class 4 felony.  The Weld County defendant had 9 prior alcohol or drug related driving offenses.  Cumulatively, he had spent 12 years on probation and… Read more »