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