(720) 863-7755In the last blog post, we addressed the first case against a driver accused of DUI or DWAI, which is conducted by the Department of Revenue and involves the revocation of a driver’s license. However, simultaneous to that administrative case is a criminal case through the county courts where the driver was alleged to have […]
Whenever a person is accused of DUI or DWAI, essentially two cases are simultaneously triggered against that driver – an administrative case and a criminal case. The Express Consent Law affects both cases but in different ways. In this post we will address the administrative case. In the next blog post we will address the criminal […]
It is important for any driver to understand Colorado’s Express Consent Law. This statute states that whenever a driver is suspected of driving while impaired due to alcohol or drugs or both, a police officer can request that a driver consent to a chemical test, either a Breathalyzer or blood test, to determine whether there […]
The insanity defense appears frequently in news stories and popular culture. The application of the defense is not as cut and dry as most people believe. Different states use different tests for insanity. Someone who is insane under Colorado Law is not necessarily insane under Wyoming Law or someone insane under Wyoming Law is not […]
Private attorneys and public defenders are both certified attorneys who have graduated from accredited law schools (received a J.D.) and have passed the bar exam for the state in which they practice (Colorado Bar). So, why hire a private attorney? Here are some of the differences between a private attorney and a public defender: Low […]
Protection from overbroad police searches is a found principle of American society; it is codified in thefourth amendment which reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonablesearches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath […]
Colorado changed the way it classifies drug crimes on October 1, 2013. Prior to October 1, Colorado sentencing guidelines did not separate drug crimes from other crimes. For example, possession of more than 2 grams of Methamphetamine and 2nd degree assault were both Class 4 felonies sentenced under the same guidelines. Under the new classifications non-drug […]
New laws go in to effect January 1, 2014 effecting Colorado driver’s license revocations following drug or alcohol stops. Currently, and prior to January 1, 2014 any refusal or a subsequent offense (2nd and above) of suspected DUI will lead to a minimum of one full year with no driving privileges. After January 1, 2014 the […]
What is the difference between a DWAI and DUI? Driving While Ability Impaired (DWAI) and Driving Under the Influence (DUI) both indicate that a driver was driving while impaired by alcohol. The difference between the two is the degree of impairment with DUI indicating a driver was more impaired than a DWAI. The delineation most […]
