Boal Law Firm, P.C.
Call Today for the Answers You Deserve 719-602-2262

March 2017 Archives

Consider the costs of a first-time Colorado DUI conviction

Virtually no one plans to face criminal charges related to drinking and driving, yet these legal issues are not uncommon among Colorado residents. A recent article looked at the cost of a first-time DUI conviction in the state, and the results may surprise many readers. The information in the article was provided by a commander of the Colorado State Patrol and based on his years of experience in the field.

Spring events can lead to possible DUI/DUID/DWAI charges

Springtime brings with it a number of holidays and events. Each year, Colorado residents gather to celebrate at a variety of festivals, parties and parades. For many, this celebration also includes a drink or two. Colorado law enforcement has issued a reminder that they will be out in force looking for those who have celebrated a little too much and are possibly in violation of DUI/DUID/DWAI laws.

Driver charged with vehicular assault or homicide

Colorado drivers have to make a variety of decisions each time they drive. They must decide which way to travel to their destinations as well as which traffic laws they will adhere to. When one makes the decision to get behind the wheel of a vehicle, he or she also makes the decision to be responsible for the consequences that result from his or her actions. Unfortunately, sometimes a decision is made that has tragic consequences and results in charges of vehicular assault or homicide.

Colorado driver crashes into house -- charged with DUI/DUID/DWAI

Car accidents can be a scary thing. One minute the individual is driving down the street, and the next minute, disaster strikes. Perhaps another car veers into one's path, or perhaps a child or animal runs in front of the vehicle. Either way, the result is the same; there is a crash, and Colorado law enforcement is called to the scene. As a part of their normal routine, law enforcement will investigate the cause of the accident and look for the possibility of a DUI/DUID/DWAI being involved.

Blood alcohol tests and questionable machines

When it comes to determining the innocence or guilt of an individual, a Colorado judge must consider the evidence presented by the prosecutor. In turn, the prosecutor must rely upon law enforcement personnel to collect this evidence in a proper manner. Finally, law enforcement personnel must rely upon their instincts, training and the tools that they are given when they collect this evidence. When it comes to collecting evidence in a DUI case, many times these officers rely upon blood alcohol tests as part of their evidence.

Breath test refusal and express consent

The average Colorado driver is very much aware of the serious consequences that can come with a drinking and driving arrest and conviction. For this reason, when one is stopped and law enforcement begins asking questions that indicate their suspicion that the driver has been drinking and driving, it is likely that the individual will become nervous. This nervousness can sometimes affect the decisions that the individual makes and the actions that the individual takes. For some, this nervousness even affects the decisions regarding complying with law enforcement requests and breath test refusal.

DUI/DUID/DWAI suspected as driver plows into police vehicle

Flashing lights are often used as a signal to Colorado drivers. In some cases they indicate road work ahead; in other cases they indicate that a driver needs to pull over. These lights offer a warning for drivers to proceed with caution and to watch out for danger in the vicinity of the flashing lights. When a driver does not heed this warning, law enforcement officers may suspect a potential DUI/DUID/DWAI.

Judicial discretion in sentencing under 2015 DUI law a point of contention

In 2015, Colorado lawmakers passed a bill that cracked down on repeat offenders by making third and subsequent DUI offenses felonies instead of misdemeanors, an approach followed in most jurisdictions. In order to silence opposition to the bill and get it passed, though, lawmakers set aside mandatory minimum sentences, giving judges more discretion in sentencing repeat offenders.

St. Patrick's Day DUI in Colorado?

St. Patrick's Day has historically drawn people out to celebrate with libations at bars and pubs, with a heavy emphasis on alcohol consumption. This usually leads to numerous stops by law enforcement for suspected drinking and driving. Though we don't yet have numbers for DUI arrests for St. Patrick's Day 2017, past celebrations of the holiday suggest that many drivers will likely get more than they bargain for during their St. Paddy's Day festivities this year.

Breathalyzer testing is used to check for possible DUI

Drinking and driving is a concern for many throughout Colorado. The fact that this combination can have deadly consequences is not disputed. So it should be no surprise law enforcement officers are constantly on the lookout for suspected drunk drivers. When an individual is stopped or encounters a sobriety checkpoint, officers may request that he or she complete one or more field sobriety tests and a breathalyzer test to check for possible DUI.

Field sobriety tests used to detect possible drunk driving

After a fun night out with friends, sometimes it is a challenge is to get home safely. Many simply drive home; for others who have been drinking, driving home may not be so simple and is certainly not safe. Many Colorado residents wisely recognize the need for a designated driver; however, designated drivers are not always available. Persons who have had only a few drinks may not realize that  they are legally impaired. In the event that a driver is stopped for suspected drunk driving, or any other traffic infraction and the officer observes perceivable signs of intoxication during contact with the driver, it is likely that officer will request that the driver step out of the vehicle and perform field sobriety tests or what the officer will refer to as "voluntary roadside manuevers".

DUI sentencing: how can an experienced attorney help?

Previously, we began discussing the importance of working with experienced legal counsel in the sentencing phase of DUI defense cases. For those who have prior DUI convictions, a skilled advocate is necessary to help ensure that the judge handling their case stays within the just limits of judicial discretion and that their interests are zealously represented.