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
Friday, April 30, 2010
Thursday, April 29, 2010
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
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
Thursday, April 22, 2010
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.
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.
Wednesday, April 21, 2010
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
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
Monday, April 19, 2010
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
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
Tuesday, April 13, 2010
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.
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.
Monday, April 12, 2010
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.
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.
Monday, April 5, 2010
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.
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.
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