The atmosphere prior to the final vote casting on one specific matter before the Denver City Council last Monday was tense. Council president Jolon Clark made a pre-tally statement that subject matter deliberations were “tearing all of us apart.”
Colorado drivers face significant penalties for any impaired driving charge. Whether drivers face DUI, DWAI or DUID, they risk a hefty fine and the loss of driving privileges. If the Colorado DMV designates you as a "persistent drunk driver" (PDD), though, you might face additional complications.
What is significant about a 25-year-old Colorado male?
Getting pulled over is not something you wanted to have happen, and now you're facing a DUI. What is a DUI, though, and how do police determine if you're driving while intoxicated?
Nearly a year ago, in February of 2016, a man crashed his vehicle into the patrol car of an Adams County deputy, leaving the deputy gravely injured. The victim suffered two fractured vertebrae, while the driver has now been sentenced to 10 years in prison following his conviction of driving under the influence and vehicular assault.
What is implied consent? Does it apply in Colorado? If you ever ask yourself these questions, then you're probably wondering if a police officer can force you to take a Breathalyzer test. The truth is that in Colorado, the implied consent law gives police permission to take your blood alcohol concentration to check your intoxication levels through a breath test or blood test without a warrant. The officer can also ask you to perform field sobriety tests.
If you decide that a plea bargain is something you want to do in your case, you need to understand the different parts of the charge that you can actually negotiate. First, you have charge bargaining, which involves the negotiation of your charges. Here's an example: If you are charged with first-degree murder, you may defend yourself by saying that you will plead guilty in exchange for a lesser sentence such as one for second-degree murder or manslaughter. What's the point of this? The lesser charges tend to have shorter prison sentences and alternative sentences that you can receive. If there is evidence against you, and possibly enough to sway a jury, this can be a good option.
Facing a drunk driving charge doesn't mean that you should resign yourself to have to face harsh penalties. In fact, it is possible that your defense strategy might be able to get you out of having to spend time in prison. One Colorado man facing a sixth charge for driving under the influence was sentenced on serve only time on probation and community service. We know that this might be a bit shocking for some people, but a ray of hope for others.
People who follow changes in Colorado’s criminal law closely know that the state introduced a felony drinking and driving law last summer. The Coloradoan has an update on the effects of the law, which made prison time for DUI a possibility for the first time.