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Denver DUI/DWAI Law Blog

Think you can't be charged with a DUI if your BAC is below .08?

Under Colorado law, driving under the influence (DUI) charges usually fall into one of two categories: DUI and DUI per se. What many people don't realize is that there are some very really differences between these two types of DUIs -- particularly when it comes to a driver's blood-alcohol-content (BAC) level.

For instance, a DUI is simply defined as when someone drives a vehicle after consuming alcohol and drugs, and this consumption impacts them to such a degree that they are "substantially incapable" of safely operating their vehicle or exercising clear judgment or control. Conversely, Colorado law states a person commits DUI per se when they drive a vehicle with a BAC of .08 percent or more.

Twelve-year-old sues Jeff Sessions to legalize medical marijuana nationwide

U.S. Attorney General Jeff Sessions is being sued by a 12-year-old Colorado girl who is seeking to legalize medical marijuana across the United States. As reported by ABC News, the lawsuit was filed in the Southern District of New York and includes other plaintiffs such as former NFL player Marvin Washington.

While medical marijuana is legal under state law in several jurisdictions, including Colorado, this lawsuit seeks to make the drug legal nationwide. According to the lawsuit, the young girl was forced to move to Colorado from Texas so that she could use medical marijuana to treat her form of epilepsy, which cannot be safely controlled using FDA-approved treatments and procedures.

CSP query: Should we try to shame convicted DUI motorists?

It is not immediately clear whether the Colorado State Patrol was serious or not, but it's certainly no joke that the CSP recently sought public input regarding the shaming of motorists convicted of drunk driving in the state.

Specifically, a survey authored by the CSP asked Colorado residents whether they would support "a 'scarlet letter' indicator on the license plate of a convicted drunk driver."

Committee: Denver police policy on force was too open-ended

According to advisory committee members who spent months revising the Denver Police Department's recommended use-of-force policies, the suggestions were generally good in an overall sense.

They were just too vague and didn't go nearly far enough to instill public confidence.

On Halloween, that police uniform is likely not a party costume

Have you perchance been noticing a more robust police presence than usual out on Denver-area roads and across the state the past couple days?

Trust your instincts: they're correct.

Increased DUI enforcement for Halloween starts today in Colorado

If you are planning to go out and have a few drinks this Halloween, you better make sure you have a designated driver. Starting today (Oct. 27) and running through next Wednesday (Nov. 1), you can expect to see extra DUI enforcement on Colorado roadways.

This increased enforcement period is part of Colorado's larger "The Heat is On" campaign, which consists of 14 DUI enforcement periods that occur throughout the year and generally focus on holidays and large events, including the days leading up to Halloween. As with other DUI enforcement periods, this current DUI blitz is a group effort between the Colorado State Patrol (CSP), the Colorado Department of Transportation (CDOT) and local law enforcement agencies.

Federal judge puts Colorado sex-offender registry in news again

It can hardly be argued that the Colorado sex-offender registry is a controversial, even contentious, law enforcement tool.

On the one hand, proponents understandably laud it. They say that it serves to promote safety by educating the public as to offenders, relevant details of their criminal past and their current proximity to specific neighborhoods, schools, malls, churches and other venues.

Study: Legalization of marijuana is saving lives in Colorado

According to a new study recently published in the American Journal of Public Heath, Colorado’s legalization of recreational Marijuana in 2014 led to a “reversal” of the state’s upward trend in opioid-related deaths.

Indeed, while opioid deaths in Colorado were increasing steadily for several years prior to 2014 — the year recreational marijuana became legal in Colorado — they decreased by more than 6 percent during the following two years.

A train not stopping: call for criminal law reforms gains steam

Many of our readers in Denver and across Colorado certainly note -- and likely criticize -- the constant bickering that our national lawmakers routinely engage in on Capitol Hill, and the resulting inaction that follows in its steady wake.

There are exceptions to the general inclination of national politicians to simply stand back behind party lines and lob verbal shots at "the other side," though, with results that are both encouraging and spell great hopes for positive change.

What does it mean to be a “habitual traffic offender” in CO?

Have police cited you for several traffic-related offenses over the last few years. If so, you may at risk of being branded a “habitual traffic offender” — a label that carries serious consequences under Colorado law.

In fact, if you are a habitual traffic offender and are caught driving while your license is revoked — an offense commonly referred to as “driving after revocation prohibited” (DARP) — you may face several harsh penalties, including: