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Denver DUI/DWAI Law Blog

Lots of takeaways in new Colorado DUI report

What is significant about a 25-year-old Colorado male?

Demographically speaking, such an individual is more likely than any other motorist to be stopped by a state trooper or police officer for a behind-the-wheel drinking offense. If you’re looking for the prototypical example of a Colorado driver most apt to be convicted for DUI, there’s your guy.

Can I choose a blood test instead of a breath test?

If you drive a motor vehicle in Colorado, the state’s expressed consent law says that you are already “deemed to have expressed [your] consent” to the testing of your breath or blood to determine whether you have alcohol in your system.

What does this mean exactly? Essentially, it means that you are required to take a breath or blood test so long as the police have probable cause to believe you are violating the state’s DUI or DWAI laws. Therefore, if you are arrested for impaired driving, you must take a breath or blood test — and if you refuse, your license will be revoke and you may still face DUI charges.

Federal judge comes down hard on wrongful police action

Yes, they found heroin in the vehicle.

And state and federal law enforcers also discovered something else subsequent to their drug seizure and arrest of a driver in Michigan, namely this: a pretextual traffic stop owing to a violation purposely caused by a police officer just won’t fly under the Constitution’s 4th Amendment.

How many texting tickets before a Coloradan loses their license?

Thanks to legislation passed last year, Colorado drivers caught texting while driving will now have four points added to their driving record — meaning fewer violations are needed before a driver’s license is suspended.

In fact, depending on the circumstances, some younger drivers may lose their licenses after only two texting-while-driving citations. Since every age group is different, however, we encourage you to read on to find out how many tickets are needed before your license is at risk.

Underage drinking spotlighted in Pueblo weekend incident

The following tale is a story that is retold with similar details time and again across the United States. It involves a mass congregation of teenagers, a weekend evening and the apparent widespread availability of alcohol.

What could go wrong with that combination of factors?

The Heat Is On continues even as summer wanes

Colorado's Heat Is On initiative is far from over, even as the summer winds down. Summertime traditionally sees an uptick in the number of car accidents - and DUI arrests - as more people get out to enjoy the outdoors, attend barbecues, head to the mountains or get in that last vacation before the school year starts again.

According to the Colorado Department of Transportation (CDOT), DUI enforcement remains a top priority as most people start looking forward to the fall. The Heat Is On, a national DUI enforcement campaign used by several states during the warmer months, remains in effect around major holidays and events this summer, including the upcoming motorcycle Sturgis Rally from August 3 to 13.

Why criminal lineups are a concern, mandate material change

From the perspective of a "suspect" in a flawed criminal lineup in Colorado or elsewhere, it's pretty easy to see why concern would attach to the process.

What if that person stands a head taller than everyone else in line, with an officer pointedly reminding an eyewitness that the perpetrator of the crime was an unusually large man? What if the spotlight lingers on him far longer than on anyone else? What if officers standing beside the witness become comparatively animated or suggestive in their comments as the witness turns attention to that individual?

If I refuse a breath test, can I still be charged with DUI?

Like most states, Colorado has an expressed consent law that says you are “deemed to have expressed [your] consent” to a breath or blood test by merely driving somewhere in Colorado. Based on this law, police will typically ask you to submit to a breath or blood test if they have probable cause to think you are driving impaired.

When confronted with the choice, however, many people are tempted to simply refuse testing altogether. After all, if the police don’t have the results of a breath or blood test, you can’t be charged with driving under the influence (DUI), right? Not so fast.

Alleged violation of constitutional rights in Colorado DUI case

A police officer in a small town near Denver had a conversation with a woman outside her home on a May evening last year.

That exchange took a turn when the Erie resident ended the interaction and sought to enter her house via its adjoining garage. The officer grabbed her wrist at the point, preventing her from doing so.

I asked for a lawyer before taking a breath test — do I get one?

Imagine you have been arrested for drunk driving, and now the police are asking you to take an official breath test or blood test to determine your blood-alcohol-content (BAC). So many questions may be running through your mind. For instance, do you have the right to talk to an attorney before choosing whether or not to submit to one of these tests?

Unfortunately, in Colorado, the answer is no, you do not have a right to talk to an attorney before choosing if you want to take a test. Indeed, DUIs are one of the few criminal offenses in which you do not have a right to speak with a lawyer before providing incriminating evidence.