DUI/DWAI

The Tenth Circuit Court of Appeals, which covers Colorado and several other western states, has ruled against a woman who was sober when she was arrested for DUI in Utah. She contended that, without a breathalyzer or blood-alcohol test showing she was under the influence, the state had insufficient evidence to charge her with...

If you are facing a DUI investigation or charge, you may feel that you already know the basics of what’s at stake: in Colorado, DUIs are often misdemeanors, meaning a conviction may mean you must pay a fine, lose your license for a time, and complete court-ordered probation. However, if a DUI is prosecuted...

Yes, it’s possible. Under Colorado law, DUI can be established by showing that an intoxicated person was in actual physical control of a motor vehicle, even if the car wasn’t in drive or moving. Whether you could be convicted depends on the particular circumstances of your case. Consider the situation in one of Colorado’s...

If you live in Colorado, you’ve probably heard that driving while impaired by marijuana is illegal. Unfortunately, with an increasing number of states legalizing marijuana for either recreational or medical purposes, the incidence of drugged driving appears to be on the rise. Before legalization, states defined marijuana-impaired driving as driving with any measurable amount...

It’s the summer time. A time to relax and enjoy a good barbeque and a few drinks with some friends. However, before you hit the road, keep in mind that Colorado law enforcement is out in full swing during the summer months, looking for drunk drivers. Agencies throughout the state participate in something called...

Car accidents happen for any number of reasons. When they are particularly spectacular, it can be easy to assume that intoxication was the cause, perhaps because many shocking DUI accidents have been reported on the news. The mere fact of an accident, however, does not imply the driver was drunk. It’s important to remember...

A recent report by the Governors Highway Safety Association indicates that we are seeing a lot more drugged driving. That may not come as a surprise, as the use of both cannabis and opioids has been on the rise. What should law enforcement and policy groups do? The researchers used data from the National...

Question: If a police officer pulls me over and suspects that I am driving while impaired or intoxicated by alcohol, marijuana, or another drug, can I just refuse to take a breath or blood test? What happens if I refuse? Answer: You can refuse to take a chemical test. Pursuant to Colorado’s Express Consent...

The Alcotest 9510, a breath testing machine used by numerous police agencies, has been challenged in court in several states. Now, a report from two software engineering consultants who reviewed its source code has been distributed. That report is no longer available for intellectual property reasons, but the consultants expressed serious concerns about the...

Car accidents happen for any number of reasons. When they are particularly spectacular, it can be easy to assume that intoxication was the cause, perhaps because many shocking DUI accidents have been reported on the news. The mere fact of an accident, however, does not imply the driver was drunk. It’s important to remember...