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.
Saturday, March 27, 2010
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.
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.
Thursday, March 25, 2010
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
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
Monday, March 22, 2010
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/
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/
Saturday, March 20, 2010
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
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
Thursday, March 18, 2010
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.
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.
Monday, March 15, 2010
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.
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.
Saturday, March 13, 2010
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
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
Tuesday, March 9, 2010
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
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
Subscribe to:
Posts (Atom)