Denver Broncos Linebacker Charged with DUI

Denver Broncos Player DJ Williams Charged with DUI

Linebacker DJ Williams was arrested early Friday November 12th and charged with driving under the influence. Denver Police contacted Williams for driving his Hummer with the headlights off. A DUI investigation was conducted and the Denver Broncos football player was charged with DUI and driving with his headlights not on.

This is DJ Williams second time being charged with driving under the influence. In 2005 he was charged with DUI and accepted a plea bargain to DWAI. Being a second offense, the player will be subject to the new Colorado DUI laws which require mandatory jail for anyone convicted of a second alcohol related driving offense. A judge could approve the mandatory jail sentence being served as in home detention. Mr. Williams also faces a mandatory 2 years of probation, community service, alcohol education and treatment, and possible fines and court costs. His first appearance is scheduled for December 13th.

CDOT Works with The Denver Broncos to Encourage Fans to Use Designated Drivers

The Denver Broncos Team Up with CDOT to Help Prevent DUI’s

The Colorado Department of Transportation is encouraging people to get a designated driver if they plan on drinking. Everyone is aware that this is the time of year where friends get together and watch football and participate in other activities where drinking might be involved. In these situations it is easy to drink too much and get behind the wheel. This could definitely put a damper on the festivities. In order to avoid this outcome everyone is encouraged to come up with a designated driver game plan. Whether you have a friend who will be sober, plan to call a taxi or utilize some other form of transportation, you need a game plan.

From October 3, 2010 until January 5, 2011, The Denver Broncos are helping to promote this program in a major way. Whether you are at the stadium or you are watching at home you have the opportunity to part in the DDGAMEPLAN and win autographed Denver Bronco gear. If you sign up as the designated driver at Denver Broncos home game you can get a free nonalcoholic beverage, a lanyard and the opportunity to win a $100 gift card to the Bronco store.

If you are watching the game from home and you are the designated driver or you have elected a designated driver you can win an autographed Denver Bronco Football as a reward for making a smart and safe decision. There is a new winner each week of the Bronco season.

How to enter:

Remember to sign up at the Stadium if you go to the home game

Or

Text the keyword DD GAMEPLAN to 89829 by 11:59 p.m. (MST) on any and all of the corresponding contest windows. Please note that Message and Data Rates May Apply.


The Contest Entry Windows are:

Below, is each entry start date and deadline to enter date.
1. Oct 3, 2010 / 12:01 a.m. Oct 5, 2010 / 11:59 p.m.

2. Oct 7, 2010 / 12:01 a.m. Oct 13, 2010 / 11:59 p.m.

3. Oct 14, 2010 / 12:01 a.m. Oct 20, 2010 / 11:59 p.m.

4. Oct 21, 2010 / 12:01 a.m. Oct 27, 2010 / 11:59 p.m.

5. Oct 28, 2010 / 12:01 a.m. Nov 03, 2010 / 11:59 p.m.

6. Nov 11, 2010 / 12:01 a.m. Nov 17, 2010 / 11:59 p.m.

7. Dec 2, 2010 / 12:01 a.m. Dec 8, 2010 / 11:59 p.m.

8. Dec 9, 2010 / 12:01 a.m. Dec 15, 2010 / 11:59 p.m.

9. Dec 16, 2010 / 12:01 a.m. Dec 22, 2010 / 11:59 p.m.

10. Dec 23, 2010 / 12:01 a.m. Dec 29, 2010 / 11:59 p.m.

11. Dec 30, 2010 / 12:01 a.m. Jan 05, 2011 / 11:59 p.m.

You can also checkout CBS4Denver.com for more information and links to enter online
http://cbs4denver.com/contests/CDOT.4.1942663.html

DUI Public Service Announcement Video Aimed at Detouring College Students from Driving Drunk

This is a video of a public service announcement regarding DUI’s for College Students. The University of Colorado and Colorado State University endorsed and participated in the making of this video.



The Colorado Department of Transportation included this video on a special web page designed to educate college students on the impact of a DUI or DWAI conviction. In additional to the normal criminal penalties associated with all drivers convicted of drunk driving charges, college students face additional consequences. Some of the additional consequences might include possible school administration penalties, an inability to pay tuition, loss of social life, being passed over for jobs after graduation, or being denied admission to some graduate programs or internship opportunities.

Colorado DUI Arrests Down During 2010 100 Days of Heat Enforcement Period

The Colorado Department of Transportation Reports Fewer DUI Arrests and DUI Fatalities During the 100 Days of The Heat is On Campaign

CDOT is reporting that between Memorial Day and Labor Day 2010 there was a 5% decline in the number of DUI Fatalities and a 12% decrease in DUI Arrests throughout Colorado. 47 people were killed in alcohol related accidents over the enforcement period this summer and 3,111 people were arrested for driving under the influence during this same time frame. These numbers are preliminary but officials hope that they are a sign that the enforcement efforts are getting the word out to not drive drunk in Colorado.

Law Enforcement agencies across the state participated in the 100 Days of Heat dui enforcement campaign which resulted in 651 DUI arrests during the Memorial Day weekend alone. 591 people were arrested for DUI during the 4th of July enforcement period and 297 people were arrested during sobriety checkpoints. Colorado Law Enforcement agencies also participated in the national DUI crackdown between August 20th and September 7th which resulted in 1,650 additional DUI arrests.

Former Colorado State Trooper Sentenced to Jail for DU

Former Trooper David Dolan Sentenced to 10 Days in Jail for DUI

David Dolan entered guilty pleas to Driving Under the Influence and prohibited use of a weapon in a Douglas County courtroom on Monday September 27th. Defense Attorney Mike Moran asked the court to sentence Mr. Dolan to in home detention but that request was denied. Instead the former Colorado State Trooper was sentenced to 10 days in jail. He must also complete 65 hours of useful public service and pay a $1500 fine.

This should provide closure to the incident that started on March 22, 2010. Trooper David Dolan was on duty and driving a marked patrol car when motorist called in about his erratic driving. Mr. Dolan’s BAC at the time of his arrest was 0.194. The Colorado DWAI limit is 0.05 and the Colorado DUI limit is 0.08.

The Colorado State Patrol placed Trooper Dolan on unpaid leave following the arrest and fired him in June.

Gazette Telegraph article on Trooper Dolan’s DUI Sentence
http://www.gazette.com/articles/dolan-105339-jail-colorado.html

Colorado Man Charged With DUI While Riding A Bicycle

Boulder Man Charged with Biking Under the Influence

In an interesting set of circumstances, police have arrested a man for drunk driving while riding his bicycle. Colorado DUI laws apparently allow for people on bicycles to be arrested and charged as though they were driving a car. Police in Boulder Colorado arrested Jonas Rizzo after officers observed him almost hit a car with his bicycle near the intersection of Valmont and 28th Street. After noticing the near crash officers approached Rizzo and noticed signs of intoxication. He then told officers that he hit a car while trying to run a red light. Jonas Rizzo was unable to complete roadside maneuvers satisfactorily and was arrested on suspicion of biking while intoxicated. This is the third biking under the influence charge issued in Boulder Colorado this year.

Link to Boulder Daily Camera Article on this situation
http://www.dailycamera.com/news/ci_15730426

Aurora Colorado Police Officer Facing Discipline After 2 DUI Arrests

Another Colorado Law Enforcement Officer Is In Trouble For DUI

The Aurora Police Department suspended Marc Sears for one month after he was charged with two DUI’s in one year. Officer Sears was arrested in May of 2009 and March of 2010 for driving under the influence. The first drunk driving incident happened on May 24, 2009 in Parker. Marc Sears crashed his motorcycle after hitting a curb. He was injured in the accident and transported to the hospital where a blood test was conducted.
Mr. Sears was convicted of DUI, driving without a motorcycle endorsement and careless driving.

The second drunk driving incident also happened in Parker. In March of 2010 Parker Police arrested Sears after he crashed his SUV into a light pole. Officer Sears told the police that he swerved to avoid hitting a deer and ended up hitting the light pole. Officers noticed signs of intoxication and Sears admitted to the consumption of alcohol but refused to submit to a chemical test. This second drunk driving incident has not been resolved yet.

Officer Sears is a six year veteran of the department and has been assigned to limited duty and is not allowed to drive a police car until after an internal departmental investigation complete.


Aurora Sentinel Article
http://www.aurorasentinel.com/articles/2010/07/23/news/metro_aurora/doc4c484e524ca3b695575501.txt

Colorado Springs Sobriety Checkpoint Results in 11 DUI Arrests

100 Days of Heat DUI Campaign Still Active

While the Colorado 100 Days of Heat campaign usually only gets attention around a holiday, motorist in Colorado Springs were reminded that the 100 days are still counting. On Friday night and Saturday morning the Colorado Springs Police Department, Colorado State Patrol and other agencies set up a DUI sobriety checkpoint in central Colorado Springs. Officers contacted over 1,000 drivers during the four hour operation and made 11 arrests during the checkpoint that ran from 10:30 pm on July 16th through 2:30 am July 17th.

The Colorado Department of Transportation is helping to fund the 100 Days of Heat campaign throughout the state of Colorado.

Former Denver Bronco Charged with DUI

Former Denver Bronco Quarterback Charged with DUI

Chris Simms, a former quarterback for the Denver Broncos was charged with driving under the influence of marijuana in New York. On Thursday, July 1, 2010, Mr. Simms was stopped at a DWI checkpoint in Manhattan where officers observed that he smelled of marijuana and had red eyes, slurred speech and his face was flushed. Officers also claim that Chris Simms admitted to smoking marijuana earlier in the day. Mr. Simms believes that the officer misunderstood a statement he made about smoking cigarettes not smoking marijuana. He has a court date scheduled for August 23rd.

This case is just one example of how driving under the influence of marijuana can cause people legal trouble. Even though Colorado has laws regarding the medical use of marijuana, drivers can still be charged with driving under the influence of marijuana. In Colorado drivers can be charged with DUI even while driving under the influence of more traditional medicines including prescription drugs. If you are charged with DUI for marijuana then it is in your best interest to consult with a Colorado DUI attorney.

http://www.nydailynews.com/news/ny_crime/2010/07/01/2010-07-01_chris_simms_nfl_quarterback__son_of_giants_legend_phil_simms_busted_for_driving_.html

A Colorado Public Defender is Arrested on DUI Charges

Attorney with the Pueblo Public Defender Office is Arrested on DUI Charges

An attorney with the Colorado Public Defender's Office has been arrested and charged with driving under the influence. The Pueblo Chieftain is reporting that on July 1st Edwin Vaden was arrested on suspicion of driving under the influence, careless driving and failure to wear a seat belt. Officers allege that Mr. Vaden ran over a curb and struck a light pole with his suv. Officers on the scene noticed a strong odor of alcohol coming from Edwin Vaden and that his eyes were bloodshot, watery and glossy. Mr. Vaden was mumbling incoherently, was unsteady on his feet and had slurred speech. As part of their DUI investigation Officers attempted to collect a chemical test sample but Mr. Vaden refused to submit to a chemical test and was arrested and booked into the Pueblo County Jail.

Link to The Pueblo Chieftain Online Article from July 15th about this incident
http://www.chieftain.com/news/local/article_e5c2ee46-8fd4-11df-a8b0-001cc4c03286.html

4th of July DUI Enforcement Efforts Have Started in Colorado

100 Days of Heat DUI Crackdown Continues through 4th of July Holiday Weekend

Drivers across the state of Colorado can expect to see extra law enforcement officers out patrolling the roads looking for drunk drivers over the Fourth of July holiday weekend. As part of the 100 Days of Heat DUI crackdown, over 76 different law enforcement agencies throughout the state will increase sobriety patrols and set up DUI checkpoints in an effort to catch drunk drivers. This 4th of July holiday crackdown began at 6 pm on July 1st and will continue through 3 am on Tuesday July 6th. The 100 Days of Heat DUI campaign started on Memorial Day weekend and will continue through Labor Day weekend.

Rangers with the Colorado State Parks will also be on the lookout for drunk drivers on the waterways. If you are operating a boat or other watercraft and your BAC is over the legal limit you will be charged with boating under the influence (BUI).

The extra DUI enforcement efforts by law enforcement for the 4th of July weekend come at the same time that a new law requiring tougher DUI penalties for drunk drivers with previous convictions take effect. On July 1st the newly passed legislation requiring repeat drunk driving offenders face mandatory jail and longer probation periods went into effect. If you are facing your second DUI offense then you are now looking at a minimum 10 day jail sentence and if you are looking at your third DUI or have additional priors then you are facing 60 days jail minimum. Repeat drunk drivers will also be required to serve at least 2 years of probation.

Man Found Sleeping in Car is Charged with DUI

Suspected Drunk Driver Found Sleeping in Car

Colorado law allows for someone to be charged with DUI even if they are asleep when the police contact them. It happens frequently, but one such incident found its way into the media. The Windsorbeacon.com ran a story on June 5, 2010 about Mark Stone of Fort Collins, Colorado.

The Windsor Police Department apparently received a tip about a car driving the wrong side of the road. Officers were able to locate the vehicle and found Mark Stone asleep in it. Officers also noticed signs of intoxication such as red and bloodshot eyes, slurred speech and an odor of alcohol. Mr. Stone was identified by the tipster as the person they had seen driving on the wrong side of the road earlier. Mr. Stone was arrested and charged with driving under the influence and careless driving.

For more on this story check out the Windsorbeacon.com article link here: http://www.coloradoan.com/apps/pbcs.dll/article?AID=20106050312

Driving Under the Influence Causes Problems for Another Colorado Law Enforcement Officer

DUI Trouble for Another Colorado Law Enforcement Officer

Tony Aragon, a 27 year veteran of the Fort Collins Police Department entered a guilty plea to driving while ability impaired (DWAI) in January of 2010. Mr. Aragon received an 18 month deferred judgment and sentence on the case. He retired from the Fort Collins police department and avoided any departmental discipline. This story did not come to the public’s attention until about two months ago.

The DWAI incident occurred on August 8, 2009. Mr. Aragon was apparently driving erratically and caught the attention of a sheriff’s deputy who initiated a traffic stop. Officer Aragon refused to complete roadside maneuvers. He did admit to consuming alcohol and submitted to a chemical test that showed a blood alcohol level of 0.081. Tony Aragon was charged with DUI, DUI per se, failing to signal and weaving.

For more information click here:
http://www.9news.com/rss/article.aspx?storyid=136748

State Trooper Enters Not Guilty Plea to DUI charge

Colorado State Trooper Enters Not Guilty Plea To DUI Charge

Colorado State Trooper David Dolan entered a not guilty plea to DUI and weapons charges from his March 22nd arrest. Trooper Dolan was arrested in full uniform and charged with driving under the influence, driving with a blood or breath alcohol content over 0.08 and prohibited use of a weapon. A trial date of Sept ember 28th has been set in Douglas County Court. There is also a pretrial conference scheduled for the day before the trial. The judge continued Trooper Dolan’s bond and ordered that he not consume alcohol. Trooper Dolan remains on unpaid administrative leave.

Colorado Law Enforcement Agencies Conduct a Prom Heat is On DUI Crackdown

Colorado Prom Season DUI Crackdown

Colorado law enforcement agencies conducted their first prom season dui enforcement campaign between April 10th and May 23rd. The Colorado State Patrol and 64 other law enforcement agencies participated in the Prom Season Heat is On Campaign. Law enforcement said that the goal was to keep all drivers impaired with alcohol from driving not just those drivers that were attending proms. Authorities note that the number of people killed in alcohol related driving accidents under the age of 21 have decreased over the last three years, but the number of drivers that are killed by drunk drivers under the age of 21 has remained steady over the last few years.

In addition to additional officers and saturation patrols, the Colorado Department of Transportation developed materials for high school students across the state to educate them on the dangers and costs associated with drunk driving. Mothers Against Drunk Drivers hung up posters throughout the state at high schools with the message to students that driving under the influence of alcohol or drugs is illegal. CDOT also worked with a tuxedo rental company and made sure that their rentals included a card reminding students of the same message.

Former Denver Bronco Sentenced in Fatal DUI Accident

Former Professional Football Player Sentenced for Fatal DUI Accident

Billy Jenkins, a one time member of the Denver Broncos, was sentenced to four years in a halfway house after entering into a guilty plea earlier this year for his involvement in a fatal hit and run accident. Mr. Jenkins was facing up to 26 years in prison if convicted on all charges from the 2008 accident. Under the terms of his plea agreement he could have been sentenced up to 8 years in prison. The pre-sentence investigation report had recommended a sentence of 90 days in jail with a suspended department of corrections sentence.

Authorities say that Billy Jenkins was operating his suv under the influence of alcohol when his suv crashed into a scooter. Tracy Gill was operating the scooter at the time of the crash and died on scene. Billy Jenkins left the scene but returned shortly after and was arrested.

Billy Jenkins was a member of the St. Louis Rams when they won the Super Bowl in 1999. He also played football for the Denver Broncos and the Green Bay Packers.

Colorado Has New Mandatory Sentences for Repeat DUI and DWAI Offenders

Governor Bill Ritter Signs Tougher DUI Legislation

On May 25th, Colorado Governor Bill Ritter signed House Bill 1357 into law. HB 1347 increases the mandatory sentencing requirements for repeat DUI and DWAI offenders. Now people convicted of their second or subsequent DUI or DWAI will face mandatory jail time, mandatory minimum of 2 years probation and a requirement of completing an alcohol treatment program.

Specifically, a second DUI or DWAI conviction will require a minimum 10 day jail sentence. If the prior DUI or DWAI conviction was within the last five years then in home detention cannot be substituted for the mandatory jail sentence. A third or subsequent DUI or DWAI conviction will require a minimum 60 day jail sentence. None of the mandatory jail sentence for a third or subsequent DUI or DWAI conviction can be served as in home detention. Judges will still have the ability to allow repeat DUI or DWAI offenders the opportunity to serve their mandatory jail sentences with work or education release sentences.

Bill sponsor Claire Levy, D-Boulder believes that this new legislation will change how DUI and DWAI offenders are treated across the state and have a huge effect on public safety. Senate Majority Leader John Morse, D-Colorado Springs, said that “this bill strikes an important balance between the certainty of punishment if you drive drunk and necessity of treatment for chronic alcohol abusers.”

100 Days of Heat DUI Crackdown Begins

Colorado Summer Long DUI Crackdown Begins

The Colorado Department of Transportation, Colorado State Patrol and other law enforcement agencies across the state kicked off the 100 Days of Heat Campaign on May 27th. The extensive DUI crackdown will extend from Memorial Day weekend through Labor Day weekend. During this time law enforcement agencies throughout Colorado will have increased officers on patrol and conduct DUI sobriety checkpoints with the goal of decreasing the number of intoxicated drivers during the summer holiday season.

More than 65 Colorado law enforcement agencies will participate in the 100 Days of Heat DUI Crackdown. These agencies will work overtime to increase the number of patrols and conduct over 150 DUI sobriety checkpoints in areas across Colorado identified as DUI hot spots. Last year officers made over 3,500 DUI arrest during the 100 Days of Heat Campaign.

Video of the One Leg Stand Test

Video Demonstration of the One Leg Stand Test

A third standardized roadside sobriety test that was developed by the National Highway Safety and Traffic Administration is called the one leg stand test. Many Colorado law enforcement officers are trained on the standard roadside maneuvers and will administer the one leg stand test during the course of a DUI investigation. Officers are trained to observe a suspects ability to follow instructions as well as their physical performance while completing this test. The one leg stand is supposed to be completed on a flat, dry, and hard surface. The weather conditions and safety concerns must also be accounted for. If the conditions are appropriate, the DUI suspect will be asked to stand with one foot approximately six feet off the ground while keeping their hands by their side. The driver will also be asked to count out loud to 30 before putting their foot down. Officers will look to see if the suspected drunk driver sways while balancing, uses their arms to balance, hops, or puts their foot down. Below is a video demonstration of the one leg stand test from the website www.ragingalcoholic.com.

SCRAM Bracelet Use in Colorado Courts

SCRAM monitoring has been in the news lately and yes some courts in Colorado utilize SCRAM as part of DUI sentencing. Some judges who sentence DUI offenders in Colorado will require the defendant to complete an in home detention or house arrest sentence and require that a SCRAM device be used to monitor sobriety.

SCRAM stands for Secure Continuous Remote Alcohol Monitoring. SCRAM monitors collect insensible perspiration that is always on the skin and tests for the presence of alcohol. The bracelet takes a sample approximately every thirty minutes and records the results. This data is uploaded and authorities can be alerted about a positive test.

Judges are able to use a SCRAM device as a sentencing alternative to a jail sentence. The bracelet allows the court to confine a defendant to home as well as monitor for sobriety. Service providers charge a fee to the defendant for wearing the SCRAM bracelet. Fees for the SCRAM bracelet service can reach up to $300 a month.

SCRAM systems are sometimes required as a condition of bond, as part of a DUI Court program or other situations in which the court needs to monitor a defendant to make sure they are not consuming alcohol.

SCRAM ankle bracelets are made by Alcohol Monitoring Systems, a Colorado company. If you drink and drive in Colorado or commit any crime in which alcohol is a factor be aware that you might have to wear a SCRAM bracelet. For more information on SCRAM click below.

SCRAM information from Alcohol Monitoring Systems
http://www.alcoholmonitoring.com/

DUI Court as a Sentencing Alternative

DUI Court as an Alternate Sentence in Colorado DUI Cases

Colorado, like many other states, has courts that are specifically designed to address repeat DUI offenders. Based on a model used by drug courts, DUI Courts provide an intense outpatient court supervised alternative to a traditional DUI sentence. Several counties throughout the state have set up DUI Courts that provide an alternative sentencing program for defendants who are on at least their second or third dui. These courts provide intense supervision of treatment and hold defendants accountable for their sobriety. The DUI Court offers a structured support program that encourages success from participants.

DUI defendants voluntarily sign up for DUI Court. Successful completion of the program generally requires at minimum a two year commitment. Participants usually sign a contract with the court outlining all of the requirements and expectations of the program. Participants who decide to enter into DUI Court are generally subjected to many additional requirements then a normal court would impose. DUI Court participants will generally be required to attend weekly court meetings, AA meetings, be subjected to random UA’s or BA’s, complete community service, meet with a probation officer, attend court supervised alcohol treatment and therapy and other court supervised activities. Penalties for noncompliance include additional community service or jail time. Studies suggest that DUI Courts are successful in lowering the recidivism rate for DUI offenders.

Boulder County, El Paso and Teller County, Montezuma County, and Archuleta County are a few of the Colorado jurisdictions that run a DUI Court program. If you are a repeat DUI defendant and you believe that DUI Court might be a benefit to you then contact a local DUI attorney to see if this is an option in your situation.


Article about DUI Court in Billings Montana
http://billingsgazette.com/news/local/article_3d0e9b6c-3a05-11df-aeea-001cc4c03286.html


Article about DUI Court in Boulder Colorado
http://www.dailycamera.com/ci_13109361?IADID=Search-www.dailycamera.com-www.dailycamera.com#axzz0os9O1w9Q

DUI Court Apperance for Trooper David Dolan Postponed

Court Appearance for Colorado State Trooper Charged with DUI Postponed

A May 17 court appearance scheduled for Trooper David Dolan has been postponed 30 days. Attorney Michael Moran requested the continuance on behalf of Mr. Dolan who completing an inpatient treatment program.

Trooper Dolan is on unpaid administrative leave from the Colorado State Patrol and is currently free on $1,000 bond. He was arrested in March while on duty in his patrol car after law enforcement agencies received calls from drivers along I25 about a marked patrol car driving erratically. Arrest records indicate that his blood alcohol level was 0.194 which is more than twice the legal limit.

Attorneys Michael Moran and Geoff Heim say that Trooper Dolan suffers from post traumatic stress syndrome as a result of his work with the Colorado State Patrol. Geoff Heim indicated in March that Trooper Dolan was receiving treatment at the Parkview treatment facility in Pueblo.

Naltrexone as Part of Your Alcohol Treatment Plan

Naltrexone and DUI Treatment

Part of the sentence in DUI cases in Colorado usually involves alcohol treatment and a no consumption of alcohol order. Sometimes judges or probation officers require defendants to take medicine that helps them maintain their sobriety. One of the medications that a defendant might take is called Naltrexone. Revia is one of the brand names that is associated with Naltrexone.

Naltrexone is an opioid antagonists and it works by decreasing the desire to consume alcohol. Naltrexone requires a prescription and must be used under close supervision of a doctor. While proven to be helpful in helping people abstain from drinking alcohol, the drug does have side effects. The side effects may include nausea, vomiting, stomach pain, drowsiness, irritability, hallucinations, skin rash and more.

Naltrexone is not a medicine that is intended to make you sick if you drink. It does not by itself make you stop drinking. It is not a cure for addiction. Instead Naltrexone is intended to be used as part of a treatment plan that includes counseling, support group meetings and other therapy that is recommended by the courts or treatment provider. For more information on Naltrexone and how it helps a person refrain from alcohol consumption visit the website:

http://ncadi.samhsa.gov/govpubs/bkd268/28c.aspx

Sentencing for Former Denver Bronco Billy Jenkins is Delayed

Sentencing for Former Denver Bronco Billy Jenkins is Postponed

Sentencing in the case against former Denver Bronco Billy Jenkins has been delayed until June. Billy Jenkins was scheduled to be sentenced for his role in a hit and run accident that resulted in the death of Tracy Gill. Mr. Jenkins entered a guilty plea earlier this year to vehicular homicide and faced up to 8 years in prison as part of the agreement. Prior to sentencing a pre-sentence investigation report was completed and recommended a sentence of 90 days in county jail with a suspended Colorado Department of Correction sentence. The judge in the case delayed sentencing in order to get a report from community corrections before making her final decision on what Mr. Jenkins sentence will be. That report will not be ready until the end of May so the sentencing was rescheduled for June.

http://aurorasentinel.com/articles/2010/04/29/news/metro_aurora/doc4bd9a8d50e53c794076198.txt

Video of the Walk and Turn Test

Video Demonstration of the Walk and Turn Field Sobriety Test

Another standard field sobriety test administered throughout the state of Colorado is the walk and turn test. Officers in many jurisdictions use this field sobriety test to determine whether or not there is probable cause to arrest a driver for DUI. Like the other field sobriety tests the walk and turn is a voluntary test. Colorado DUI officers are looking for 8 clues of possible impairment when administering the walk and turn test to drivers. This video shows a demonstration of how the walk and turn test is administered and completed. The video is from the site: www.ragingalcoholic.com

Victim Impact Panels For Colorado DUI Cases

MADD’S Drunk Driving Impact Panel Programs

Many Colorado jurisdictions require that a person convicted of DUI or DWAI complete a 2 hour victim impact panel meeting. The purpose of the victim impact meeting is to raise awareness and educate people on the impact that a decision to drive under the influence can have on another person. Panel members usually share personal stories about how a drunk driver affected their lives or their family members.

In Colorado, these meetings are sponsored by Mothers Against Drunk Driving and are held throughout the state. You will need to pay a $25 fee to attend the program and they will only accept payment with a money order. Guests are able to attend with you for a $15 fee as well. Only people who are court ordered to attend the victim impact panel will be provided with proof of attendance. If you are court ordered to attend you should bring documentation and a photo id with you to the panel meeting. The victim impact panels often fill up and seating is on a first come first served basis.

Attending a MADD Victim Impact Panel is usually part of a probation sentence. Failure to attend the program could serve as a basis for violating your probation or deferred judgment and sentence.

For a list of MADD Drunk Driving Impact Panel Programs and more information visit:
http://www.madd.org/chapter/0800_5022

Colorado House Bill 1347 Passes and Now Moves to the Senate

Colorado House of Representatives Approves Legislation Requiring Tougher Sentences for Repeat DUI and DWAI Offenders

The Colorado House of Representatives unanimously approved House Bill 1347. The bill sponsored by Rep. Claire Levy, D-Boulder, would impose mandatory minimum sentences on repeat DUI and DWAI offenders. Under the proposed legislation a second conviction for DUI or DWAI would carry a 10 day minimum jail sentence with a maximum penalty of 1 year of jail being possible. A third offense would require a minimum 60 day jail sentence. All repeat DUI and DWAI offenders would be subject to two years of probation. The bill must now be approved by the Colorado Senate.

206 Flawed DUI Test Results Discovered at the Colorado Springs Metro Crime Lab

206 Flawed DUI tests in Colorado Springs Lab

After months of trying to address an error in DUI lab results, the Colorado Springs Police Department has issued its findings. The Colorado Springs Metro Crime Lab retested 7,829 samples dating as far back as 2006. Of the retested samples the lab reported that there were 206 errors. 4th Judicial District Attorney Dan May said that 9 of the errors resulted in DUI cases being either dismissed or the penalties being lowered. Of those same 9 cases, 5 of those defendants spent time in jail.

Ian Fitch, the chief lab supervisor of the Colorado Springs Metro Crime lab, says that errors involving the concentration level of the solvent n-Propanol are at the root of the problem. In December of 2009 when the errors were first reported, the lab stated that they would do a full investigation into what caused the flawed results. They believed that the machines were functioning properly but that human error was to blame. At that time there were only 82 flawed DUI test results.

To read more on this story check out the article located in the Colorado Springs Gazette
http://www.gazette.com/articles/report-97354-police-discuss.html

Community Service in Colorado DUI Cases

Doing Community Service for Colorado DUI cases

If you are convicted of a DUI or enter a plea agreement to a DUI the Colorado law requires that you complete community service. The number of hours of community service you will be required to complete will vary depending on whether you are dealing with a DUI or a DWAI, the BAC, and your prior alcohol related driving offense history. Some jurisdiction leave the number of community service hours open to the judge to decide while others negotiate the number of community service hours you will complete during the plea negotiation. Most Colorado jurisdictions also have an agency that is used to help you find a place to complete your community service as well as to verify the number of hours of community service completed. There is usually a fee associated with completing community service.

Number of hours of community service required in Colorado DUI cases---note that these are guidelines and that the community service in your case might vary

DUI

1st DUI conviction 48-96 hours of community service
2nd DUI conviction 60-120 hours of community service
DUI conviction with a prior DWAI conviction 56-112 hours of community service
DUI conviction with a prior driving under restraint (DUR) conviction 60-120 hours of community service

DWAI

1st DWAI conviction 24-48 hours of community service
DWAI conviction but the original charge was DUI with a BAC 0.200 or greater 60-120 hours of community service
DWAI conviction with a prior DWAI conviction 48-96 hours of community service
DWAI conviction with a prior DUI or alcohol DUR conviction 52-104 hours of community service


List of Community Service Agencies in Colorado

Denver County
Denver County Community Service
720-865-8033

Jefferson County
Jefferson County Community Service
303-271-6505

Boulder County
Boulder County Community Service
303-441-3690
Longmont
303-682-6854

El Paso County
Front Range Community Service
719-442-2201

Teller County
Teller County Useful Public Service
719-687-5279 or 719-687-5252

Pueblo County
Pueblo County Useful Public Service
719-583-7027

Fremont County
Rocky Mountain Behavioral Health
719-275-7650

Douglas County
Douglas County Community Justice Services
303-660-7552 extension 12

Colorado DUI DMV Hearing Process

Colorado DMV Hearing Regarding a DUI

If you have been charged with a DUI you might have been served a notice of revocation of your driver’s license. The arresting officer usually gives this document to a driver who has been cited for DUI and the BAC is known to be above 0.7 or the driver refused to provide a blood or breath sample for chemical testing. The document provided by the officer is usually titled “Express Consent Affidavit and Notice of Revocation”. If the driver submitted to a blood test then the notice of revocation usually arrives in the mail directly from the Colorado Department of Motor Vehicles. Either way the driver is considered put on notice that their privilege to drive has been revoked. The notice provided by the officer and the letter that is provided by the Department of Motor Vehicles both provide the driver with the opportunity to request a hearing. The notice provided by the arresting officer tells the driver that they must request a hearing in writing within 7 days of the date of notice. The letter from the Colorado DMV will also provide a date by which a hearing must be requested. Failure to request a hearing will result in the revocation of the driver’s license.

When you go to the DMV to request the hearing, you might be granted a temporary driving permit if you show up with a currently valid license. This temporary permit is valid for 60 days or until the date of the hearing, whichever comes first. If you request the hearing but your license was not valid prior to your DUI arrest, no temporary permit will be issued.

The Colorado DMV hearing is an administrative hearing and is separate from any criminal court proceedings associated with your DUI arrest. You are entitled to have an attorney represent you at the DMV hearing. The hearing will be with a hearing officer from the Department of Motor Vehicles. If you or your attorney requested the presence of any officers they should be present as well. The hearing officer will conduct the hearing and examine the contents of the express consent packet. This packet just contains the documents such as the police report, field sobriety test results, blood or breath test results, and other information that the officer provided to the DMV. The hearing officer will also accept testimony from the police officer. You will then have the opportunity to present evidence or witnesses if you want. The hearing officer is only looking at a few key points. They want to make sure that there was a valid reason for the initial police contact. Next they will look to see if there was probably cause to suspect that the driver was driving under the influence. The hearing officer will also look to see if Colorado Express Consent was provided to the driver and if so whether or not a test was performed. If a test was performed then the hearing officer will make sure that the test was performed in the proper time frame and whether or not the results were above or below the Colorado limit. The hearing officer will then make a decision as to whether or not to revoke your driver’s license. If the decision is that your driver’s license is to be revoked, the revocation will happen immediately.

If your license is revoked for express consent or a DUI refusal in Colorado you are not allowed to drive. Driving on a license revoked for an alcohol related issue carries mandatory jail time if you are convicted. If you are facing a DMV hearing due to a DUI arrest it is in your best interest to contact a DUI attorney.

Colorado DUI Probation

Probation in Colorado DUI cases

If you are convicted of DUI in Colorado or accept a plea bargain in a Colorado DUI case you will probably be placed on probation as part of your sentence. Probation is one of the punishments associated with a drunk driving conviction. During the length of probation the courts will order you to complete certain requirements. The terms and conditions of probation will be determined based on the facts of your particular case. These requirements will usually include not committing any new criminal offenses, refraining from the consumption of alcohol and illegal drugs, completing community service, completing an alcohol treatment program, paying all court costs, fines and restitution. A probation sentence can often reduce or eliminate the need for a jail sentence in your Colorado DUI case.

Probation for your DUI case can be either supervised or unsupervised. Supervised probation is sometimes referred to as formal probation and unsupervised probation is sometimes referred to as informal probation. Supervised probation would mean that you would be assigned a probation officer who you would meet with on a regular basis. This probation officer would make sure that you are completing the courts requirements for your DUI sentence. Supervised probation also usually involves payment of a probation supervision fee.

If you do not comply with the terms and conditions of your DUI probation you might have your DUI probation revoked. If your DUI probation is revoked then the judge can impose a new sentence on you. The punishments associated with a probation revocation could range from additional supervision, additional community service or treatment, or even include jail time. If you are facing a revocation of your DUI probation it is wise to consult a Colorado DUI attorney. There may be ways to fight your revocation and minimize the consequences of your violations.

Video of Horizontal Gaze Nystagmus Test

HGN Field Sobriety Test Video

The HGN or horizontal gaze nystagmus test is one of three standardized roadside sobriety field tests administered by law enforcement officers throughout Colorado. When conducted properly this field sobriety test can provide strong scientific evidence about the impairment of a driver due to the consumption of alcohol. Most Colorado courts allow HGN evidence to be admitted in DUI cases. The Colorado Deparment of Motor Vehicles also recognizes the HGN test results. Below is a video demonstrating the HGN or horizontal gaze nystagmus test. The video is from the site http://www.ragingalcoholic.com.

Can I be charged with a DUI because of prescription drugs

I had a prescription for the drugs I was taking but I was still charged with DUI

The Colorado DUI statute allows for drivers to be charged with driving under the influence of drugs even if the driver has a valid prescription for the drug. If the drug is in your system and it is determined that the drug was impairing your ability to operate the vehicle then you will most likely be prosecuted for driving under the influence. The state still has to prove all of the elements of the charge, but the fact that this was a legally prescribed medication will not be a defense.

To determine if a driver is operating the vehicle while under the influence of prescription drugs the police officer will ask questions and conduct some voluntary field sobriety tests. The officer might also call in the assistance of a DRE officer. DRE stands for drug recognition expert. DRE officers have extensive training on detecting the presence of drugs in a driver. This officer will ask you to voluntarily complete additional sobriety tests. These additional tests are similar to the roadside field sobriety tests but may be conducted in a police station.

The arresting officer will also usually ask you to submit to a urine or blood test to determine whether or not there are drugs in your system. The urine or blood test will let the prosecutor know for certain whether or not the prescription drugs were in the driver’s system. The analysis conducted by the lab will also give some indication as to the levels of the drug present. This analysis can be tricky and usually involves a chemist, toxicologist or some other trained expert. The district attorney might also look at guides such as the physician’s desk reference or other literature that provides information about how the drug impairs the driver. The complications associated with a driving under the influence of drug charge make it wise for a driver charged with DUID to contact a local defense attorney who handles DUI and DUID cases.

Colorado DUI laws apply to all Colorado drivers who are caught driving under the influence, whether they have a prescription for the drugs or the drugs are illegal to use or posses. If you are being charged with DUID for driving under the influence of illegal drugs or prescription drugs you should contact a DUI defense attorney.

Can I be charged with DUI if the car was not moving?

The car was not moving but I was charged with a DUI

Each year Colorado drivers are charged with driving under the influence and the car they were contacted in was not even moving. Stories exist from drivers throughout the state who were found in a parking lot with the car in park but the driver is still considered driving and is charged with a DUI. There are even situations in Colorado where drivers have been sleeping in their cars and are still charged with DUI. Is this true? Can you be charged with DUI in Colorado and the car not even be moving?

In Colorado you can be charged with driving under the influence even if the car is not moving. Colorado DUI law requires that a driver be in actual physical control of a vehicle for the driver to be convicted of driving under the influence. This does not mean that the car has to be moving or that you even have the car in gear. Actual physical control can be determined by looking at a number of factors. Where was the vehicle found? Where was the driver located at in the vehicle? Were the keys in the ignition? Was the engine running? These and other factors can be used to present a case that the driver was driving the vehicle and should be charged with a DUI. The totality of the circumstances has to be taken into consideration in determining whether or not the driver was in actual physical control of the vehicle.

If you are in Colorado and you are charged with a DUI and the car was not moving you should definitely speak with a defense attorney who handles a lot of drunk driving cases. In Colorado, even though the car was not moving, you are still looking at facing the same possible penalties and consequences associated with a DUI.

688 Colorado Drivers Arrested for DUI During St. Patrick's DUI Crackdown

A Record Number of Colorado Drivers Were Arrested During the St. Patrick’s DUI Crackdown

The Colorado Department of Transportation is reporting that 688 drivers throughout the state of Colorado were arrested for driving under the influence during the recent six day St. Patrick’s Day DUI crackdown. Between 6 p.m. March 12th and 3 a.m. March 18th 94 law enforcement agencies and the Colorado State Patrol increased their enforcement efforts and were able to arrest a record number of drunk drivers during their St. Patrick’s Day Heat Is On campaign. The Denver Police Department reported the highest number of arrests during that time frame with 93 drivers being arrested for DUI.

The Colorado Law Enforcement Agencies Reporting the Highest Number of DUI Arrests During the St. Patrick’s Day Heat is On Campaign:

Denver Police Department-93
Aurora Police Department-39
Colorado Springs Police Department-30
Larimer County Sheriff’s Office-26
Adams County Sheriff’s Office-25
Colorado State Patrol Troop 1D Adams-22
Boulder Police Department-20
Lakewood Police Department-20
Pueblo Police Department-18
Northglenn Police Department-17
Colorado State Patrol Troop 2B Colorado Springs-15
Greeley Police Department-14

http://www.coloradodot.info/news/2010news/03-2010/luck-runs-out-for-688-drivers-arrested-during-st.-patrick2019s-dui-crackdown-1

Colorado State Trooper Arrested on Suspicion of Driving Unver the Influence

Colorado State Trooper Arrested for DUI

Colorado State Trooper David Dolan was arrested on suspicion of driving under the influence while driving a marked Colorado State Patrol vehicle. Trooper Dolan was on duty and was on his way from his assigned Troop in Colorado Springs to Colorado State Patrol training center in Golden, Colorado. Several motorists called 911 and complained about a marked Colorado State Patrol vehicle driving erratically on northbound I-25. State Patrol initially responded to the call but requested the assistance of the Douglas County Sheriff’s Department to locate the vehicle and check on the welfare of the driver. The vehicle was located on Colorado 470 and the driver was arrested and placed in handcuffs. Dolan was preliminarily charged with DUI, DUI per se and prohibited use of a weapon. Trooper Dolan is a 21 year veteran of the Colorado State Patrol. He was placed on unpaid administrative leave while this incident is being investigated by the Douglas County Sheriff’s office.

http://www.msnbc.msn.com/id/35989124/ns/us_news-weird_news/

BAC Calculator for your Iphone

The Colorado Department of Transportation has a BAC Calculator application for your Iphone

The Colorado Department of Transportation released an application for Iphone users that tries to estimate the BAC of potential drivers. The Iphone app is called “R-U- Buzzed BAC Calculator” and is available free of charge through Apple Itunes. The application allows users to estimate their blood alcohol concentration by analyzing factors such as how much the person has had to drink, how long they have been drinking and their gender. The application only works by calculating averages and is not 100% accurate. Alcohol affects people differently and no application can account for those factors. The application also provides users with the local number for a cab ride home. The Colorado Department of Transportation and the app itself suggest that the only safe option is to have a sober driver take you home.

Link to the free BAC Iphone App
http://itunes.apple.com/us/app/r-u-buzzed-bac-calculator/id338979239?mt=8

Link to Colorado Department of Transportation article on the release of the BAC calculator app for Iphone users
http://www.coloradodot.info/news/news-releases/the-ultimate-holiday-party-favor-a-sober-ride-home-2?searchterm=iphone

I did not take a test so can I still get charged with DUI in Colorado?

I did not take a test so can I still get charged with DUI in Colorado?

The short answer to this question is yes. In Colorado anyone driving on the streets has consenting to submitting to a test of their blood or breath if they are suspected of driving under the influence. The test that counts is the blood test or an actual breath test taken at the police station or another testing facility, not the portable breath test administered on the side of the road. Colorado express consent states that if an officer has probable cause to believe that the driver of a car is driving under the influence of alcohol or drugs or both, then the driver must provide a sample of their blood or breath. If the driver refuses to take one of those tests the officer can still charge the driver with driving under the influence. This type of DUI is often referred to as a refusal DUI. You have the right to refuse but there are consequences to exercising that right.

If you do not take a test the district attorney will have to look at the entire DUI case against you. They will look at the reason why the police stopped you. Were you weaving across the lines, were you involved in an accident? These and other police observations can provide evidence of your impairment. The officers are trained to note not only the reason for contact, but also any signs that your motor skills were not up to standard. They will note how your hand movements were when you provided your driver’s license and other documentation. These observations will continue throughout your entire police contact.

The district attorney will also look at any evidence that they may have in terms of field sobriety tests. Field sobriety tests are not mandatory but if you attempted them then they are fair game for the prosecutor. If you completed the HGN or the walk and turn or any other field sobriety test, the district attorney will analyze those results and continue to build a DUI case against you. The district attorney will also be able to use the fact that you did not submit to the chemical test against you. Colorado law allows for the district attorney to not only take the refusal into consideration in terms of prosecuting the DUI, but they are also able to tell a jury about the fact that you refused a chemical test and that you knew that by doing so you would lose your driving privileges for a year.

Yes, the Colorado Department of Motor Vehicles will try to suspend your driving privileges for one year if you refuse to submit to a chemical test under the Colorado express consent advisement. That means no driving at all and they will not issue you a red license or any sort of restricted license during that time period. There is an opportunity for an administrative hearing on this issue but you must request that hearing within 7 days of being notified about the revocation of your license. This penalty is in addition to any other penalties that may be assessed through the courts for the criminal portion of your case.

If you refuse to take a chemical test when a law enforcement officer believes that probable cause exists for you to be arrested for DUI you will still be charged and the prosecutor will most likely move forward in prosecuting you. It is in your best interest to discuss this matter with a Colorado attorney who handles DUI cases. A Colorado DUI attorney can still analyze the legality of your case and challenge the conclusions that you were driving under the influence.

Colorado House Judiciary Committee Approves Bill Requiring Mandatory Jail for Persistant Drunk Drivers

Colorado House Judiciary Committee Approves Bill Requiring Mandatory Jail for Persistent Drunk Drivers

The Colorado House Judiciary Committee unanimously approved a bill that would require mandatory jail sentences for persistent drunk drivers. The bill sponsored by Rep. Claire Levy, D-Boulder would require at least a 10 jail sentence on a second DUI conviction and at least 60 days jail on a third or subsequent DUI conviction. Judges would be able to sentence second and third time DUI offenders to work release programs. Second time offenders who had not had a DUI conviction in the previous 5 years would be eligible for in home detention if a judge wanted to sentence the offender to that type of confinement. These measures would allow the DUI offender to face immediate punishment but also be in a position to maintain their jobs and families. In addition to the jail time, repeat DUI offenders would face up to two years of probation and alcohol education and therapy.

Colorado Heat Is On DUI Crackdown for St. Patrick's Day plus Colorado Springs Law Firm Sponsors Safe and Sober Ride Home Program

Colorado Heat Is On DUI Crackdown for St. Patrick's Day plus Colorado Springs Law Firm Sponsors Safe and Sober Ride Home Program

St. Patrick's Day is a holiday that a lot of people celebrate by indulging in alcohol. Colorado law enforcement agencies are hoping that people enjoy the holiday but designate a sober driver or take a cab instead of driving under the influence. The Colorado Department of Transportation announced that 72 Colorado law enforcement agencies will have increased patrols and saturation points in order to discourage people from driving while drunk and to catch those that do. CDOT says that last year three people were killed in alcohol related accidents during the St. Patrick's Day Heat Is On enforcement period. 668 people were arrested and charged with DUI across Colorado during that same period of time. This year the extra DUI enforcement period will start at 6 p.m. Friday March 12 and extend through 3 a.m. Thursday March 18.

In Colorado Springs people who find themselves in the position of needing to take a taxi instead of driving drunk have the opportunity to secure a free ride home courtesy of the Mcdivitt Law Firm. For the third year the law firm is sponsoring their Safe and Sober Ride Home program. From 7 p.m. on March 17 through 3 a.m. on March 18 Yellow Cab of Colorado Springs will provide rides from a bar or restaurant to an individual's residence and riders can tell the driver that the ride is on the Mcdivitt Law Firm. Rides can't be guaranteed due to the number of calls received but every effort is made to try and accommodate as many people as possible.

Information on Colorado Heat Is On DUI Crackdown for St. Patrick's Day
http://www.coloradodot.info/news/2010news/03-2010/a-dui-could-cost-you-a-pot-o2019-gold-this-st.-patrick2019s-day

More information on the St. Patrick's Day Safe and Sober Ride Home Program
http://www.mcdivittmakesadifference.com/safe-and-sober.php

Cortez Colorado District Attorney Charged with DUI

Cortez Colorado District Attorney Charged with DUI

The Cortez Journal is reporting that James Warren Wilson, the District Attorney for the 22nd Judicial District has been arrested and charged with DUI. Mr. Wilson was stopped by a Colorado State Patrol Trooper on February 21, 2010 on Colorado Highway 24 near the town of Buena Vista. Based on the troopers observations and chemical test results, Wilson was charged with driving under the influence of alcohol, driving with an excessive amount of alcohol, posession of a weapon while under the influence of alcohol, open container and careless driving. He was arrested and released on a summons. Prosecutor James Warren Wilson is the top law enforcement official for Montezuma and Dolores counties and served as a deputy sheriff before becoming the District Attorney.

http://www.cortezjournal.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=10151

Video Demonstration of An Ignition Interlock Device by MADD

A Video Demonstrating an Ignition Interlock Device presented by MADD

New rules and regulations are requiring more and more Colorado drivers to use an ignition interlock device while driving. The Colorado Department of Motor Vehicles is requiring drunk drivers to install an interlock ignition device even on first offenses depending on the BAC of the driver during their arrest for DUI. The length of time that the driver will be required to have an ignition interlock device in their car also will vary with the driver's BAC. The ignition interlock device might even be required of some drivers before the driver is convicted of DUI in court. Many people have questions about this type of device and this video produced by Mothers Against Drunk Drivers provides a demonstration.

Colorado DUI Lawyers

Colorado DUI Attorneys

Colorado DUI laws are complex and can be confusing. The rules at play in a DUI can involve a combination of administrative rules and legal statutes. While many people are comfortable working through the system themselves, it is always good to get an expert opinion. Colorado attorneys who specialize in DUI are not only familiar with Colorado statues and administrative rules, they are also well aware of how different jurisdictions handle drunk driving cases. Having an attorney who is familiar with the local judges and prosecutors can give you insight into how best to handle your DUI case. Below is a list of some Colorado DUI defense attorneys from across the state. Your local bar association is also a good place to search for an attorney as well.


Denver Area DUI Attorney – many of these attorneys represent clients throughout the Denver Metro area not just Denver County

Law Office of Kimberly Diego
789 Sherman Street
Suite 660
Denver, CO 80203
http://www.diegocriminaldefense.com
720-257-5346

Jansen and Associates, P.C.
621 Seventeenth St., Suite 1740
Denver, CO 80293
http://www.jansenlegal.com
303-832-5400

Shazam Kianpour and Associates, P.C.
190 E. 9th Ave., Suite 420
Denver, CO 80203
http://www.shazamlaw.com
303-825-1075

The Law Office of Christopher H. Cessna
5400 Ward Road
Building V, Suite 200
Arvada, CO 80002
http://www.cessnalaw.com
303-456-1600

The Orr Law Firm, LLC
295 Clayton Street
Suite 203
Denver, CO 80206
http://www.orrlaw.com
303-818-2448


Colorado Springs Area DUI Attorneys – these attorneys generally represent clients in both El Paso and Teller County DUI cases

The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
http://www.timothybussey.com
719-475-2555

Daniel, Thom and Katzman, P.C.
Liberty Law Center
320 South Nevada Ave
Colorado Springs, CO 80903
http://www.libertylawcenter.com
719-578-1183

Law Office of Alvin Brown, LLC
805 S. Cascade Ave
Colorado Springs, CO 80903
http://www.alvinbrownlaw.com
719-329-0391

Christian A. Schwaner, P.C.
405 S. Cascade Ave
Suite 204
Colorado Springs, CO 80903
http://www.schwanerlaw.com
719-577-9700

The Law Offices of Will Cook
318 E. Pikes Peak Ave
Colorado Springs, CO 80903
http://www.willcooklaw.com
719-477-1285


Pueblo County Colorado DUI Attorneys

Koncilja and Koncilja, P.C.
125 West B Street
Pueblo, CO 81003
http://www.konciljaandkoncilja.com
719-543-9591

The Heat is On Campaign Nets Over 300 DUI Arrest in Colorado Over The Super Bowl Weekend

The Heat is On Campaign Nets over 300 DUI Arrest in Colorado over the Super Bowl Weekend


Colorado law enforcement agencies arrested 371 people for DUI during the Super Bowl weekend. Colorado State Patrol and other state law enforcement agencies increased the number of road blocks and patrol units in an effort to crackdown on drunk driving from Friday at 6 pm until 3 am Sunday. The Colorado State Patrol said that half of the fatal car accidents that occurred nationwide during Super Bowl weekends 2006-2008 involved alcohol.


The Heat is On campaign is aimed at making the public aware that there will be an increased effort to catch drunk drivers. Despite spreading the word about extra patrols and road blocks Colorado State Patrol and other agencies arrested 371 people for DUI which is 100 more than were arrested during the campaign last year.


The holiday weekends have kept law enforcement agencies across the state busy in terms of DUI arrests. In addition to the Super Bowl weekend arrests, state agencies arrested 444 drivers for drunk driving during the New Year’s Eve weekend this year.

Bill Intended to Increase Colorado DUI Penalties Dies in House Committee

Bill Intended to Increase Colorado DUI Penalties Dies in House Committee

A bill that would make a third DUI in Colorado a felony has failed to get out of a house committee that had concerns about the potential $22 million in prison costs associated with the measure. State Representative Cory Gardner, R-Yuma sponsored the bill and had suggested that spending cuts by state agencies could cover the additional costs associated with the bill. Mothers Against Drunk Driving also supported the bill that failed 7 to 4 while still in committee. Colorado will remain one of only four states without a felony DUI for another year.

Denver and Colorado Springs Ranked Among America's Most Dangerouly Drunk Cities

3 Colorado Cities Ranked Among America’s Most Dangerously Drunk Cities


Men’s Health Magazine has ranked Denver and Colorado Springs in a listing of America’s drunkest cities. Denver ranked number seventeen among the most dangerously drunk cities in America and Colorado Springs ranked number sixteen on the list. Aurora also made the list at number twenty three.


The magazine looked at several factors in compiling the list. The magazine reviewed information such as the number of alcohol-related liver disease deaths in each city, number of binge drinkers in each city, FBI statistics on the number of DUI arrests in each city, the number of fatal car accidents involving intoxicated drivers and other data.


The top ten drunkest cities in America according to the Men's Health Magazine list are:

1. Fresno, California
2. Reno, Nevada
3. Billings, Montana
4. Riverside, California
5. Austin, Texas
6. St. Louis
7. San Antonio
8. Lubbock, Texas
9. Tucson
10. Bakersfield, California


The ten least drunk cities in America according to the Men's Health Magazine list are:

1. Boston
2. Yonkers, New York
3. Rochester, New York
4. Salt Lake City
5. Miami
6. Newark
7. Durham, North Carolina
8. New York City
9. Fort Wayne, Indiana
10. Manchester, New Hampshire

Former Denver Bronco Enters Guilty Plea to Vehicular Homicide

Former Denver Bronco Enters Guilty Plea to Vehicular Homicide

Billy Jenkins, a former Denver Broncos football player, has entered a guilty plea to vehicular homicide in the death of a 51 year old motor-scooter rider. The incident happened at approximately 6:10 am on August 28, 2009. Authorities say that Billy Jenkins crashed a SUV into the back of a motor-scooter that was stopped at a red light. The rider of the scooter was thrown and died on the scene.

Jenkins was initially charged with vehicular homicide, felony leaving the scene of an accident, driving under the influence and failure to provide proof of insurance. Prosecutors agreed to drop the remaining charges as part of his guilty plea to vehicular homicide. Billy Jenkins now faces up to 8 years in prison and is scheduled to be sentenced on April 26th.

Billy Jenkins played defensive back for the Broncos from 2000-2001. Prior to his stint with the Broncos Jenkins played football for the St. Louis Rams and won a Super Bowl Championship in 1999. He also played for the Green Bay Packers.

Colorado Springs DUI Lab Reports 167 Flawed Results

Colorado Springs DUI Lab Reports 167 Flawed Results

The Colorado Springs Gazette Telegraph is reporting that an initial disclosure by the Colorado Springs Police Lab about a flaw in their DUI blood testing has been updated. In December the Colorado Springs Police Department stated that an internal audit had revealed that 82 DUI lab results had resulted in flawed test results. The department planned to retest 1,000 tests that had been conducted since January 2009.

The exact cause of the blood alcohol testing error has not been disclosed. The Colorado Bureau of Investigation is conducting an external investigation into the situation. The Colorado Springs Police Department reports that they are conducting an internal investigation into the cause of the blood alcohol testing errors as well. Local Colorado Springs DUI lawyers are pursuing answers as well.

To read the article in the Colorado Springs Gazette click below:

Colorado Lawmakers Considering Tougher DUI Penalities for Repeat Offenders

Colorado Lawmakers Considering Bill That Would Increase DUI Penalties


The Colorado Legislature will consider a bill that will increase the penalties for people convicted of multiple DUI’s. Two Colorado lawmakers are attempted to introduce bills that would make statewide mandatory sentences for those convicted of multiple DUI’s. Lawmakers from both parties seem to be in agreement that Colorado needs tougher DUI laws but there are concerns about the financial impact on the state and local jurisdictions.


Rep Claire Levy, D-Boulder is presenting a bill that would require mandatory jail time of 10 days on people convicted of their second DUI within three years of the first DUI conviction and 60 days of jail time for offenders whose third conviction occurs in that time frame.


Rep. Cory Gardner, R-Yuma is presenting a bill which would make a third DUI conviction a felony. House Bill 10-1184 would make a third or subsequent DUI conviction a felony offense in Colorado. If approved the new language in the Colorado Statute would read as follows: It is a class 6 felony for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle at any time after the date of two or more previous violations for which the person has been convicted for DUI or DUI per se. Class 6 felonies in Colorado are punishable by 1 year to 18 months in jail and a possible fine of $1,000 to $100,000.

Colorado Statutes Pertaining to Ignition Interlock Devices

Colorado Revised Statute pertaining to Ignition Interlock Devices

CRS 42-2-132.5 Mandatory and Voluntary restricted Licenses following DUI conviction –rules

(1) The following persons shall be required to hold a restricted license pursuant to this section for at least one year prior to being eligible to obtain any other driver's license issued under this article:

(a) Any person who has been convicted on two or more occasions of DUI or DUI per se, which offenses were committed within a period of five years and one of the offenses occurred on or after July 1, 1999, and on or before June 30, 2000;

(b) Any person whose privilege to drive was revoked pursuant to section 42-2-125 (1) (g) (I) or (1) (i) and one of the offenses giving rise to the revocation occurred on or after July 1, 2000;

(b.5) Any person whose license has been revoked pursuant to the provisions of section 42-2-126 when the person's BAC was 0.17 or more at the time of driving or within two hours after driving;

(c) Any person whose privilege to drive was revoked under section 42-2-203 where the revocation was due in part to a DUI, DUI per se, DWAI, or habitual user conviction and one of the offenses giving rise to the revocation occurred on or after July 1, 2000; or

(d) Any person whose privilege to drive was revoked pursuant to subsection (5) of this section.

(1.5) (a) (I) A person whose privilege to drive has been revoked for more than one year because of a DUI, DUI per se, or DWAI conviction or has been revoked for more than one year under any provision of section 42-2-126 may voluntarily apply for an early reinstatement with a restricted license under the provisions of this section after the person's privilege to drive has been revoked for one year. Except as provided in subparagraph (II) of this paragraph (a) or subsection (1.7) of this section, the restrictions imposed pursuant to this section shall remain in effect for the longer of one year or the total time period remaining on the license restraint prior to early reinstatement.

(II) (A) For revocations under section 42-2-125 (1) (b.5) or 42-2-126 (3) (a) (I) for a first violation that requires only a nine-month revocation, a person twenty-one years of age or older at the time of the offense may voluntarily apply for an early reinstatement with a restricted license under the provisions of this section after the person's privilege to drive has been revoked for at least one month. Except as provided in paragraph (b.5) of subsection (1) of this section, subsection (1.7) of this section, and sub-subparagraph (B) of this subparagraph (II), the restrictions imposed pursuant to this subparagraph (II) shall remain in effect for eight months.

(B) For a person with a restricted license issued pursuant to sub-subparagraph (A) of this subparagraph (II), if the department's monthly monitoring reports required by paragraph (c) of subsection (4) of this section show that, for four consecutive monthly reporting periods, the approved ignition interlock device did not prevent the operation of the motor vehicle due to an excessive blood alcohol content or did not detect that there has been tampering with the device, there have been no other reports of circumvention or tampering, and there are no grounds to extend the restriction pursuant to paragraph (a) of subsection (5) of this section, then the person shall be eligible for a license without the restriction required by this section. If the department determines that a person is eligible for a license without the restriction required by this section pursuant to this sub-subparagraph (B), the department shall serve upon the person a notice of such eligibility. A person eligible for a license without the restriction required by this section pursuant to this sub-subparagraph (B) may request a hearing on the person's eligibility. The provisions of this sub-subparagraph (B) shall not apply to a person covered by subsection (1.7) of this section.

(C) The department shall establish a program to assist persons who apply for a restricted license under this subparagraph (II) who are unable to pay the full cost of an ignition interlock device. The program shall be funded from the first time drunk driving offender account in the highway users tax fund established pursuant to section 42-2-132 (4) (b) (II). The executive director of the department may promulgate rules governing the program.

(b) (I) To be eligible for early reinstatement with a restricted license pursuant to this subsection (1.5), a person must have satisfied all conditions for reinstatement imposed by law including time periods for non-alcohol-related restraints; except that a person whose license was restrained pursuant to section 42-2-138 may be eligible for early reinstatement under this section so long as the restraint was caused in part by driving activity occurring after an alcohol-related offense and the length of any license restriction under this section includes the period of restraint under section 42-2-138.

(II) Before being eligible for early reinstatement with a restricted license under this section, a person must provide proof of financial responsibility to the department pursuant to the requirements of the "Motor Vehicle Financial Responsibility Act", article 7 of this title. Such person must maintain such proof of financial responsibility with the department for the longer of three years or the period that the person's license is restricted under this section.

(c) No person who has been designated an habitual offender under the provisions of section 42-2-202 for any offense other than a violation of section 42-4-1301, 42-2-138, or 42-4-1401 shall be eligible for a restricted license pursuant to this subsection (1.5).

(d) Repealed.

(1.7) A person required to hold a restricted license pursuant to this section who is a persistent drunk driver as defined in section 42-1-102 (68.5), based on an offense that occurred on or after July 1, 2004, shall be required to hold the restricted license for at least two years prior to being eligible to obtain any other driver's license issued under this article.

(1.8) As soon as a person meets the conditions of subsection (1) of this section, the department shall note on the driving record of any person required to hold a restricted license under this section that the person is required to have an ignition interlock device. A person whose driving record contains the notation required by this subsection (1.8) shall not operate a motor vehicle without an approved ignition interlock device until the restriction is removed pursuant to this section.

(2) (Deleted by amendment, L. 2000, p. 1076, § 4, effective July 1, 2000.)

(3) (a) (I) The department shall issue a restricted license under this section if the department receives from a person described in subsection (1), (1.5), or (1.7) of this section an affidavit stating that the person has obtained:

(A) A signed lease agreement for the installation and use of an approved ignition interlock device in each motor vehicle on which the person's name appears on the registration and any other vehicle that the person may drive during the period of the restricted license; and

(B) The written consent of all other owners, if any, of each motor vehicle in which the approved ignition interlock device is installed.

(II) A copy of each signed lease agreement shall be attached to the affidavit.

(a.5) (I) Notwithstanding the requirements of paragraph (a) of this subsection (3), the department shall issue a restricted license to any person who is required to hold a restricted license pursuant to subsection (1) of this section who is not the registered owner or co-owner of a motor vehicle if the person submits an affidavit stating that the person is not the owner or co-owner of any motor vehicle and has no access to a motor vehicle in which to install an approved ignition interlock device.

(II) Any restricted license issued pursuant to this paragraph (a.5) shall require that if the license holder becomes an owner or co-owner of a motor vehicle or otherwise has access to a motor vehicle in which an approved ignition interlock device may be installed, he or she shall submit to the department a signed lease agreement for the installation and use of an approved ignition interlock device on such vehicle for a period equal to the remaining period of the restricted license.

(b) The terms of the restricted license shall include that the person shall not drive a motor vehicle other than a vehicle in which an approved ignition interlock device is installed.

(c) The department shall not issue a license under this section that would authorize operation of a commercial motor vehicle as defined in section 42-2-402 (4) until the restriction created by this section has expired.

(4) (a) and (b) Repealed.

(c) The leasing agency for any approved ignition interlock device shall provide monthly monitoring reports for the device to the department to monitor compliance with the provisions of this section. The leasing agency shall check the device at least once every sixty days to ensure that the device is operating and that there has been no tampering with the device. If the leasing agency detects that there has been tampering with the device, the leasing agency shall notify the department of that fact within five days of the detection.

(5) (a) Upon receipt of a conviction under section 42-2-116 (6) (b), the department shall revoke any license of such person issued under this section and shall not reinstate the license for a period of the longer of one year or the remaining period of license restraint imposed prior to the issuance of a license pursuant to this section. A person shall be entitled to a hearing on the question of whether the revocation is sustained and the length of the ineligibility.

(b) Upon receipt of a record other than a conviction described in paragraph (a) of this subsection (5) indicating that any person who is subject to the restrictions of this section has operated a motor vehicle other than a vehicle in which an approved ignition interlock device is installed or has circumvented or attempted to circumvent the proper use of an approved ignition interlock device, the department may revoke any license of such person issued under this section and not reinstate the license for a period of one year or the remaining period of license restraint imposed prior to the issuance of a license pursuant to this section, whichever is longer. A person shall be entitled to a hearing on the question of whether the license should be revoked and the length of the ineligibility.

(c) If a lease for an approved ignition interlock device is terminated for any reason prior to the expiration of the period of the restriction and no other such lease has been provided by the licensee, the department shall notify the licensee that the license shall be suspended unless and until a new signed lease agreement for the remaining period of the restriction is filed with the department.

(d) If the monthly monitoring reports required by paragraph (c) of subsection (4) of this section show that the approved ignition interlock device prevented the operation of the vehicle due to excessive blood alcohol content in three of any twelve consecutive reporting periods, the restriction on the person's license shall be extended for an additional twelve months after the expiration of the existing restriction. The department shall notify the person that the ignition interlock restriction provision is being extended and that any license shall be suspended unless the person provides a new signed lease agreement for the use of an approved ignition interlock device for the extended period. The person shall be entitled to a hearing on the extension of the restriction. Based upon findings at the hearing, including aggravating and mitigating factors, the hearing office may sustain the extension, rescind the extension, or reduce the period of extension.

(6) The department may promulgate rules to implement the provisions of this section.

(7) (a) For the purposes of this section, "approved ignition interlock device" means a device approved by the department of public health and environment that is installed in a motor vehicle and that measures the breath alcohol content of the driver before a vehicle is started and that periodically requires additional breath samples during vehicle operation. The device may not allow a motor vehicle to be started or to continue normal operation if the device measures an alcohol level above the level established by the department of public health and environment.

(b) The state board of health may promulgate rules to implement the provisions of this subsection (7) concerning approved ignition interlock devices.

Source: L. 99: Entire section added, p. 1160, § 4, effective July 1. L. 2000: (1) and (2) amended, (3)(a.5) added, and (4)(a) and (4)(b) repealed, pp. 1076, 1077, §§ 4, 5, 6, effective July 1; (1.5), (6), and (7) added and (3), (4)(c), and (5) amended, p. 1079, § 10, effective January 1, 2001. L. 2002: (1)(a) amended, p. 1918, § 7, effective July 1. L. 2004: (5)(b) amended, p. 170, § 1, effective March 23; (1.7) added and (3)(a) amended, p. 1130, § 1, effective July 1. L. 2006: (1)(b.5) and (1.8) added, p. 1368, §§ 6, 7, effective January 1, 2007. L. 2008: (1)(a), (1)(b.5), (1)(c), and (1.5)(a) amended, p. 249, § 12, effective July 1; (1.5)(a) and (3)(a) amended, p. 835, § 6, effective January 1, 2009.

Editor's note: (1) Subsection (1.5)(d)(II) provided for the repeal of subsection (1)(d) effective July 1, 2002. (See L. 2000, p. 1079.)

(2) Amendments to subsection (1.5)(a) by House Bill 08-1166 and House Bill 08-1194 were harmonized, effective January 1, 2009.

Cross references: For the legislative declaration contained in the 2008 act amending subsections (1.5)(a) and (3)(a), see section 1 of chapter 221, Session Laws of Colorado 2008.

Level I and Level II alcohol treatment

Alcohol Treatment and Therapy

If you are convicted of an alcohol related driving offense in Colorado you can count on having to complete some form of alcohol treatment and possibly some alcohol therapy. The courts can order you to complete a treatment program as part of your sentence. The Colorado department of motor vehicles can also require you to complete alcohol treatment in order to reinstate your driver’s license.

The Department of Behavioral Health of the Colorado Department of Health has defined the treatment standards for alcohol treatment and therapy. Alcohol treatment is categorized by levels and tracks. Your BAC and other factors will play a part in what alcohol treatment is necessary in your case. Courts may rely on a completed alcohol evaluation before determining what treatment is appropriate for you.

The Department of Behavioral Health of the Colorado Department of Health oversees the licensing of treatment providers. They require licensed treatment providers to follow an approved DUI specific curriculum. Level I and Level II services must be completed by a licensed treatment provider.

Level I is the first level of alcohol treatment. Level I is often completed by people who are charged with minor in possession of alcohol or of an under 21 drinking and driving with a BAC of at least 0.02 but less than 0.05. Level I alcohol education consists of 12 hours of DUI education and usually takes place over a 2 day period. Level 1 alcohol education usually takes place in a group class setting.

Level II alcohol education or therapy is the most common category of treatment seen in Colorado DUI and DWAI cases. Level II alcohol education and therapy is also a common reinstatement requirement of the Colorado department of motor vehicles. Level II education consists of 24 hours of DUI education and takes place over the course of 12 weeks. Level II education is usually provided in a group class setting.

In addition to Level II education sometimes a person convicted of an alcohol related driving offense will be required to complete Level II therapy. If Level II therapy is required then it will be completed after the completion of Level II education. Level II therapy treatment can take place over a 5 to 10 month time frame depending on the track you are assigned to complete. The track you are assigned to will be determined by an alcohol evaluator or the treatment provider. Factors used in considering what track to assign a person to complete include: prior alcohol related offenses, the BAC and other clinical factors.

The track guidelines are:

Track A, 42 hours over 21 weeks, first time offender with a BAC below 0.17 (0.2 if the offense happened before 1/1/07)

Track B, 52 hours over 26 weeks, first time offender with a BAC of 0.17 or higher (0.2 if the offense happened before 1/1/07)

Track C, 68 hours over 34 weeks, prior DUI/DWAI, with a BAC below 0.17 (0.2 if the offense happened before 1/1/07)

Track D, 86 hours over 43 weeks, prior DUI/DWAI, with a BAC above 0.17 (0.2 if the offense happened before 1/1/07)

Colorado Ignition Interlock Restricted Licenses for DUI offenders

Colorado Ignition Interlock Restricted Licenses for DUI offenders


What is an Ignition Interlock Device?

An interlock device is a portable breath testing machine that is attached to the ignition system of a car. The interlock device will prevent the car from starting if the person taking the breath test has been consuming alcohol. The interlock device also requires the driver to submit to random breathe tests while driving the car. If one of the random tests detects alcohol then the car will stop running. The interlock device records all test results and problems to the interlock service provider. Colorado requires the driver to pay the costs associated with the ignition interlock device.


Approved Interlock Service Providers for Colorado

The State of Colorado has contracts with four interlock device providers at this time. The contact information for these interlock device providers are as follows:


Smart Start, Inc

1-800-880-3394

Westminister, CO 80030


National Interlock Services, Ltd

1-800-475-5490

Aurora, CO 80011


Guardian Interlock Systems

1-800-499-0994

Denver, CO 80022


Draeger Safety Diagnostics, Inc.

1-800-332-6858

Denver, CO 80216

Drinking and Driving while under 21 years old sometimes referred to as a "baby dui"

Underage driving with a BAC of at least 0.02 but not more than 0.05.
Minors who are caught driving under the influence in Colorado are sometimes prosecuted under a separate statute. The decision of what the minor is charged with depends a lot on the blood or breath alcohol content of the driver. If the bac is over a 0.05 the minor will be prosecuted under the normal DUI statute and face the same consequences as an adult driver who is caught driving under the influence. Some minors who are caught driving under the influence have less than 0.05 but still face charges because they should not be consuming alcohol underage. If the driver is under 21 years old but has a bac of at least 0.02 but not more than 0.05 then they will face what is sometimes called a baby DUI. The consequences of a baby DUI are different but still carry potential criminal and administrative penalties.

(a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle or vehicle when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving. The court, upon sentencing a defendant pursuant to this subparagraph (I), may, in addition to any penalty imposed under a class A traffic infraction, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, C.R.S., and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.

(II) A second or subsequent violation of this paragraph (a.5) shall be a class 2 traffic misdemeanor.

Possible DUI and DWAI Penalities in Colorado

Possible Colorado DUI and DWAI Penalties

Criminal Penalties

Offense	Jail	Fine	Community Service
1st DWAI	2 days-180 days	$200-$500	24 hours-48 hours
2nd DWAI	45 days-1 year	$600-$1000	48 hours-96 hours
DWAI with a previous DUI	60 days-1 year	$800-$1200	52 hours-104 hours
1st DUI	5 days-1 year	$600-$1000	48 hours-96 hours
2nd DUI	90 days-1 year	$1000-$1500	60 hours-120 hours
DUI with previous DWAI	70 days-1 year	$900-$1500	56 hours-112 hours
1st Drinking and Driving while under 21 years old with BAC of at least 0.02 but less than 0.05	None	$100	Up to 24 hours

Administrative/Department of Motor Vehicles penalties

Violation	License Suspension	Points
BAC test of at least 0.08	9 months
2nd BAC test of at least 0.08	1 year
3rd or subsequent BAC test of at least 0.08	2 years
DWAI	None	8 points
1st DUI	9 months	12 points
2nd DUI or DWAI	12 months	DWAI 8 points DUI 12 points
3rd DUI or DWAI	24 months	DWAI 8 points DUI 12 points
1st under 21 years old drinking and driving with BAC of at least 0.02 but less than 0.05	1st offense- 3 months 2nd offense- 6 months 3rd or subsequent offense- 1 year	4 points