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Boulder DUI, DWAI and DUID Law Blog

Field sobriety tests are subjective and risky

If police stop a driver under suspicion of drunk driving, chances are the officer will ask the driver to step out of the car and submit to a Standardized Field Sobriety Test battery. Field sobriety tests consist of three activities to measure the driver's balance, reflexes and coordination to confirm whether the driver is impaired by alcohol. These tests are by no means scientific and often have entirely subjective results. Understanding how they work and the driver's right to refuse may prevent Colorado drivers from unwittingly surrendering their rights.

There are three parts to a field sobriety test. The walk and turn requires the subject to walk heel to toe in one direction before turning and walking back in the same manner. The horizontal gaze nystagmus tests allows the officer to watch the reflexes of the subject's eyes as he or she follows the officer's finger. The one-leg stand requires the driver to stand on one leg while counting as the officer directs. For this test alone, studies show that nearly half of sober subjects would fail even under ideal conditions.

Colorado DUI arrests down over St. Patrick's

Whether it is green beer or some other libation, many people in Colorado and elsewhere enjoy celebrating St. Patrick's Day with alcohol. While this is certainly within their right if they are of legal age, getting behind the wheel of a vehicle after drinking can, of course, lead to serious consequences for the drivers as well as others on the road. The good news is that a recent report claims the number of DUI arrests over the St. Patrick's Day weekend declined from the same time the previous year.

According to a recent article, 293 individuals were arrested for DUI over the 2019 St. Patrick's Day weekend. Over the course of St. Patrick's Day celebrations in 2018, 323 people were arrested by Colorado State Police and local agencies. This represents more than a 10 percent decrease in the number of individuals arrested.

Challenging breath test results in a Colorado DUI case

People facing criminal charges related to impaired driving may feel a profound sense of fear or hopelessness. That negative feeling stems from how quick the court of public opinion is to convict those accused of crimes. For some reason, this is particularly true for those accused of impaired driving offenses.

Even the most reasonable person who would give any one arrested the benefit of the doubt will remain skeptical about those accused of impaired driving who maintain their own innocence. Most people seem to believe that breath tests used to test for chemical impairment are essentially infallible. Since people know that law enforcement administer chemical testing, they might assume that anyone with a failed test is immediately guilty.

Medical professional allegedly commits felonies, facing charges

A Colorado medical professional is currently facing serious criminal charges for fraud, deceit and drug crimes. The woman willingly turned herself in after local law enforcement obtained a warrant for her arrest. Conviction of felonies and other types of criminal charges are serious, and she will find it beneficial at this point to start working on her defense.

These charges stem from an investigation that was launched after a man told authorities that the doctor to whom he sold his medical practice was pressuring his former employees to fill prescriptions for her. The employees allege their jobs were at stake if they did not fill the prescriptions for her. According to the doctor, she suffered from bad headaches and needs the medication.

Crash results in DUI, other charges for Colorado man

Though many drivers face criminal charges for drunk driving, these criminal cases are no walk in the park. If a person is accused of DUI, he or she likely faces a long road ahead that could potentially end in serious consequences. However, negative outcomes are not a guarantee, and working on a criminal defense is wise.

It was recently reported that one man in Colorado was taken into custody after authorities suspected him of driving under the influence. Apparently, officers responded to the scene of a car accident, and the driver of the vehicle had reportedly walked away from the scene. However, authorities came across the man not too long after. Reasons for suspicion were not given in the report, but nonetheless, the man was taken into custody for DUI and careless driving.

Felonies: Professional football player charged following accident

A professional football player, Demaryius Thomas, was recently charged with vehicular assault in Colorado. Vehicular assault is considered a felony in Colorado. Drivers may be interested to learn that they can face criminal charges, including felonies, in vehicle accidents only involving one vehicle.

Thomas was recently part of the Texans, but he is now considered a free agent. Few details were reported about his recent accident, but it has been reported that the accident only involved Thomas' vehicle. Whatever events led to the accident, the vehicle was reported to have lost control and rolled over.

Man facing DUI, other charges after fatal Colorado crash

The severity of criminal cases vary depending on the circumstances. If a person is charged with DUI, he or she may think that the case will be relatively simple to address. However, drunk driving cases can be complex, and if the charges resulted from an accident that caused the death of another person, it is almost certain that the accused party will have a lot to deal with.

One man in Colorado is currently facing a serious predicament after being taken into custody regarding a deadly accident. Reports stated that the man was driving a vehicle during a snow storm when he failed to stay in the correct lane. As a result, his vehicle crossed into the opposite lane of travel and crashed head-on into another car.

You can get a DUI the morning after a night of drinking

Sleep isn't some magical cure-all for alcohol. Going to bed doesn't mean you wake up sober.

This is one of those things people do not often think about, but they assume it without really considering it. They just feel like they'll be fine to drive the next day. They talk about sleeping it off as if they know that, when the sun comes up, the impact of all of that drinking is over.

DUI punishment is greatly enhanced where there is serious injury

In Colorado, DUI penalties are enhanced when the operator has also caused an accident as a result of driving under the influence. Where the accident causes a serious injury, the prosecutor will likely charge the accused with felony assault charges, i.e., the offense of vehicular assault. The penalty for vehicular assault associated with DUI is up to four years incarceration and a fine up to $500,000, along with a license suspension and other consequences.

These serious provisions may be relevant against a Colorado man who appears to have caused a chain-reaction accident on northbound I-25 on Feb. 16, 2019. He was driving a pickup truck north in the left lane of the highway when traffic started to slow down. He failed to slow down and crashed into a vehicle in front of him, according to the Colorado State Patrol. This caused a chain reaction that resulted in four persons being injured. At least one of the victims was airlifted to a Loveland medical center with life-threatening injuries, according to authorities.

Police get more power to arrest for drug DUI under proposed law

The prosecution of DUI charges in Colorado continues to stoke disagreement regarding marijuana and controlled substance enforcement policies. One legislator recently introduced a controversial bill that would allow police to arrest drivers based on a "presumption" of driving under the influence of marijuana or controlled drugs. Currently, the DUI limit for THC in the operator's blood is 5 nanograms.

If the legislation passes, the 5 nanogram provision would necessarily be repealed. The new law would allow the police to determine if the driver is impaired, although the exact ways in which that may be determined is unclear. If there is also a finding of a "measurable amount" of a drug or controlled substance other than alcohol in the driver's blood within four hours of driving, the police may arrest for DUI.

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