DUI Colorado Springs, DUI Defense Colorado Springs, DUI DWAI DEAC Arrest - Colorado Springs Criminal & Traffic Lawyer. Driving Under the Influence of Alcohol - DUI, Driving While Impaired by Alcohol - DWAI or Driving with Excessive Alcohol Content - DEAC - Drunk Driving Defense - misdemeanor & felony traffic offenses. Colorado BAC .08 blood test or breath test legal limit. Chemical test refusal, roadside sobriety testing - roadside tests - statements, admissions & Miranda warnings. Driving under restraint - DUR and driving after revocation prohibited - DARP. Colorado DMV driver license revocation & suspension hearings. Colorado traffic & criminal trial practice 25+ years in Colorado state courts and Colorado DOR / DMV license hearings, DUI Teller County Colorado, Court Teller County Colorado, Woodland Park Colorado, Cripple Creek Colorado, Teller County Colorado, Colorado, Court Teller County Colorado, DUI Teller County Colorado, DUI Cripple Creek Colorado, DUI Woodland Park Colorado, Court Teller County Colorado, Woodland Park Colorado, Cripple Creek Colorado, Teller County Colorado, DUI Castle Rock Colorado, Court Castle Rock Colorado, DUI Douglas County Colorado, Court Douglas County Colorado, DUI Kiowa Colorado, Court Kiowa Colorado, DUI Elbert County Colorado, Court Elbert County Colorado.

        Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of DUI investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.  Consult with your attorney before talking.

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.  DUI roadside sobriety testing is a search in the constitutional sense which can and should be refused whether intoxicated or stone cold sober.  Law enforcement officers have no obligation to advise you of your right to refuse, but it exists - exercise your rights and politely decline with a simple no.

        Similarly, no other rights should be waived by any DUI criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises DUI clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.

1. Driving under the influence (DUI) means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.  CRS 42-4-1301(1)(f)

2. Driving while ability impaired (DWAI) means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.  CRS 42-4-1301(1)(g)

3. a.  Driving with excessive alcohol content (DEAC) means driving a vehicle when blood or breath alcohol concentration is .08 or more grams of alcohol per 100 ml of blood or 210 liters of breath; tested within 2 hours from time of driving.  CRS 42-4-1301(2)(a)
    b.  "Baby DUI" is a term commonly used for underage drivers with a limited BAC.  It means driving a vehicle when blood or breath alcohol concentration is at least .02 but not more than .05 grams of alcohol per 100 ml of blood or 210 liters of breath; tested within 2 hours from time of driving.  CRS 42-4-1301(2)(a.5)  "Baby DUI" is a class A traffic infraction with adverse license consequences.  Refer also to vehicle forfeiture - legislative debate.

4.  Vehicle means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks; but such term shall not include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved by muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through the air.  Source: COLJI 37(10) - that's a jury instruction.

DUI law has changed from operating a motor vehicle to operating a vehicle.
Prosecutors are now charging "DUI Bicycle"

5.  Driver means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.  CRS 42-1-102(27)

6. Operating a motorboat or sailboat while under the influence means operating a motorboat or sailboat or being in actual physical control when the operator is substantially incapable of safely operating the boat due to being under the influence of alcohol or drugs, or a combination thereof or have a blood alcohol concentration of .08 grams of alcohol per 100 ml of blood or per 210 liters of breath or greater.  CRS 33-13-108.1

7. Inferences: the judge or jury may infer the following:  (aka permissive presumption - fact finder can presume or can ignore)

5.  Prima facie case. The District Attorney Office may not dismiss a DUI, DEAC or DWAI charge or reduce the charge to a non-alcohol offense unless a good faith representation is made by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-related offense.  That means the prosecutor represents to the Court that the state could not produce sufficient evidence to withstand a motion for judgment of acquittal at the end of the prosecution's case in chief.

1. First Appearance.  
        a.  The DUI ticket is the charging document and advises defendant of the charges filed. The ticket contains a date and time defendant must appear in Court for first appearance, where defendant will be advised of the nature of the charges and possible penalties. At that time defendant will also be asked how he / she wishes to proceed with his / her case. If defendant fails to appear, a warrant will be issued for his / her arrest. If this office has been hired, I will take care of the first appearance for the client, and the client need not appear in Court unless I notify you.
        b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the DUI summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

5. Trial.

        At a trial, guilt or innocence will be determined, and it must be decided unanimously (all jurors agree).  Every defendant has the right to a trial by jury of 6 persons, or to the judge alone.  The right to trial by jury should never be waived (given away) without advice of counsel; it is an important right.  At DUI trial, the prosecution must prove each and every element of the crime(s) charged beyond a reasonable doubt.  Every defendant is presumed innocent unless and until the prosecution proves guilt beyond a reasonable doubt.  Every defendant may remain silent, or may testify if he / she chooses. Defense may call witnesses and make them come to court by subpoena.  Every defendant may confront and cross-examine witnesses against him / her.  A trial on a DUI charge is a criminal trial with all rights attached. If defendant is found not guilty, the case is concluded.  If defendant is found guilty of any charge, including a lesser charge of DWAI, the case is set for sentencing.  Defendant must be present in court for a trial.  Under some circumstances, the court may proceed to trial without the presence of the defendant, but that's a bad idea from defense perspective.

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        Prior Offenses:  In times past, prior DUI convictions were facts which the prosecutor was required to establish beyond a reasonable doubt at trial.  To avoid prejudice, defense counsel would move for a bifurcated trial.  Trial was held on the issue of guilt without mention of any prior offense(s).  If convicted a "mini trial" would then be held on the issue of prior conviction(s).  As with so many issues in DUI, that has changed unfavorably for the defendant.  Prior DUI offenses are deemed a sentencing enhancer and determined by the judge at sentencing hearing.

        A defendant may qualify for work release.  That means the defendant would be released from custody in time to go to work and would be due back to the detention facility shortly after finishing work.

Work Release

        Defendant must provide a letter on company letterhead verifying days and hours of employment.
        The local jail (CJC) has a maximum release policy - 12 hours per day, 6 days per week.  COMCOR work release facility did not have a maximum release policy the last I checked.  Call the jail for specific information.
        To verify employment status defendant must be available by land line telephone - not cell phone.
        To be able to drive to and from work, defendant must provide a current driving record reflecting valid driving privileges plus insurance currently in effect.
        The cost is approximately $20 per day

Home Detention - Ankle Bracelet

        A DUI defendant may qualify for home detention - also known as ankle bracelet.  Courts generally leave ankle bracelet determination to the sheriff's office or COMCOR.  However, courts are becoming more involved in home detention orders due to mandatory jail time and over-crowding.

Day Reporting

        A DUI defendant may qualify for day reporting.  That means defendant would report between 1 - 5 times per week to an agency which monitors compliance with conditions of probation and may request random breath, blood or urine samples to check for alcohol or drugs.
        The cost is approximately $6 per day report.

    To verify employment status a defendant must be available by land line telephone - not cell phone.
    To be able to drive to and from work, a defendant must provide a current driving record reflecting valid driving privileges plus insurance currently in effect.

7. Preparation for Sentencing.

        In a DUI criminal case, counsel looks for facts which may lead to dismissal of charges or not guilty verdict. Plea negotiations are affected by weaknesses in the DA's case.

        "Shoot for the best - plan for the worst."  It is also wise to plan for other contingencies; conviction of an alcohol offense. Anticipating you may subsequently face a judge, to prepare for the most favorable sentencing result a defendant should immediately commence minimums of useful public service (aka community service) plus an alcohol education class at a Colorado certified program. Level 2 is usually recommended by probation department; Level 1 recommendations are generally received only if the BAC is below 0.08.
 

        If a DUI defendant has an alcohol or drug problem, he / she  should also immediately commence attending at least 1 AA or NA meeting per week. Support is available.