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Denver DUI/DWAI Law Blog

Can a police officer search your car at a traffic stop?

Being pulled over for a traffic stop can be nerve-wracking. Even more nerve-wracking, the officer asks to search your car. Do you say yes? Can you say no? You may not know what to do in this situation. Here are a few facts that may help you to know your rights during a traffic stop:

Time to move on: Boulder County pot-linked initiative welcomed

How would you feel as a Colorado resident convicted of a minor criminal marijuana-linked charge (say possession of a small amount of cannabis for personal use) in light of current state laws that now render that once-adjudged crime completely lawful behavior?

Pretty conflicted, right? On the one hand, you might be glad to see law’s practical evolution in the state. On the other hand, though, the more logical dictates of today’s statutory and case enactments regarding much marijuana-tied behavior haven’t helped you in dealing with your criminal conviction.

Should Denver end its red-light camera program?

Colorado’s red-light camera programs seem to be dropping in popularity across the state. The legislature tried to get rid of it twice, but the governor vetoed both tries. Last month, the citizens of Aurora took matters into their own hands and voted to get rid of the red-light camera program in their city. Will other cities do the same?

 

Can Colorado develop better screening tools for juvenile offenders?

Here's a key problem concerning Colorado justice authorities' initial contacts with juveniles who find themselves in trouble with the law: differential treatment is often doled out to young offenders across the state who have similar profiles and are charged with the same types of crimes.

And that's far from the only concern. Although Colorado criminal law processes feature a juvenile screening process relative to criminal offenses, such a tool is underdeveloped or even absent across large pockets of the state.

“Persistent drunk driver” label possible after only one offense

When people hear the legal designation “persistent drunk driver,” many assume it only applies to those with a history of multiple alcohol-related driving offenses. But those people would be wrong.

In fact, depending on the circumstances, an individual can be labeled as a “persistent drunk driver” after only one alcohol-related offense. For example, Colorado law will brand you as a “persistent drunk driver” if you commit either of the following offenses:

Judicial bias can sometimes be subtle - and then there's this

Many criminal suspects in Colorado and elsewhere adamantly believe that the police and prosecutors did not play fair while arresting and charging them with a criminal offense.

Logically, they turn their attention to the judge in their case, reasonably anticipating that authority figure's fundamental fairness in overseeing their matter and ultimately ruling upon it.

Can I refuse a sobriety test?

When you're pulled over for the first time for drunk driving, it can be intimidating. It's a new experience and you may be unsure what to do to save yourself from harsh fines and sentencing. For this reason, you may in the moment consider refusing to take any kind of sobriety test, whether it involves a breath test, blood test or anything in between.

However, under Colorado law, drivers may not have the right to refuse such a test. This is because you have already given "expressed" consent under Colorado law. 

Material error gives DUI matter off-the-charts significance

A seasoned and aggressive Colorado DUI defense attorney must often rely upon instincts, past experience and creativity when defending a client against drunk driving charges. We note on our website at the established Denver law firm of Shazam Kianpour & Associates that “there are many ins and outs in the law and strategies that a proven attorney can use” while pursuing an optimal result in a given case.

In some instances, law enforcers and criminal prosecutors unwittingly extend help to a defense team by either negligently or purposefully engaging in acts that go beyond the bounds of legal conduct. Doing so clearly breaches the canon of impartiality and fundamental fairness that is the coveted cornerstone of America’s justice system.

Successive Colorado DUI campaigns yield huge arrest numbers

Fall Festivals reasonably enough sounds like a pleasant and entertaining event, doesn’t it? Something along the lines of a Colorado music extravaganza, perhaps, or a shared wine-tasting experience. Some people might envision an organized caravan of cars out on state roadways that afford especially compelling views of changing autumn landscapes.

And then there’s reality, which denotes Falls Festivals as something altogether different. In fact, that catchy title has a quite narrow and specific focus.

What does a DWAI mean for you?

Most drivers are familiar with a DUI – driving under the influence. A driving while ability impaired (DWAI) charge is less known and, to most people, it sounds like another way to describe a DUI.

However, this charge does differ from a DUI in many ways, and anyone charged with one should know what makes it unique. What is the difference between a DUI and a DWAI, and how does the charge affect you?