DUI Colorado Springs, DUI, DEAC or DWAI, drunk driving, blood test, breath test, refusal, BAC, .08, .20, roadside sobriety testing, driving under the influence, driving while ability impaired, excessive alcohol, intoxicated, driver's license, DMV, El Paso County, lawyer, attorney, roadside sobriety tests, jail sentence, public service, alcohol classes, AA, antabuse.  Driver's license defense in Colorado DMV proceedings regarding driver license suspension, revocation, denial - Colorado Springs traffic & criminal defense attorney

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        Admissions made by a criminal defendant may be admissible in the prosecutor's DUI case in chief.  At the of 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 roadside testing, but it exists - a simple no and request for counsel works quite well.

        Similarly, no other rights should be waived by any 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.

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)  In other states, this may be known as driving while intoxicated.

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.

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"  Under the statutes and jury instruction definition, a defendant could be charged with riding his / her child's skateboard, tricycle or "big wheel."  Have a few beers before going to the roller rink - "DUI Roller Skates"  Absolutely absurd.  Call your state legislator. I haven't had occasion to research the issue, but I suspect whether a particular wheeled instrumentality will support conviction will be a factual question for the jury.  Jurors may not be terribly impressed with "DUI Big Wheel" - jury nullification may be the result.

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

        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 DUI offense(s).  If convicted a "mini trial" would then be held on the issue of prior DUI 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.

        For sentencing purposes concerning convictions for second and subsequent DUI offenses, prima facie proof of a defendant's previous DUI convictions shall be established when the prosecuting attorney and the defendant stipulate to the existence of the prior conviction or convictions or the prosecuting attorney presents to the court a copy of the driving record of the defendant provided by the department of revenue of this state, or provided by a similar agency in another state, that contains a reference to such previous conviction or convictions or presents an authenticated copy of the record of the previous conviction or judgment from any court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States. The court shall not proceed to immediate sentencing when there is not a stipulation to prior convictions or if the prosecution requests an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial, and sentencing concerning convictions for second and subsequent offenses shall be a matter to be determined by the court at sentencing.  CRS 42-4-1301(7)(c)(II)

        Absent stipulation of the defendant, I believe out of state records raise constitutional issues of full faith and credit - exemplification of the record rather than certification.  That difference could be significant, but is subject to legal research.

        MISDEMEANOR and TRAFFIC CASES - JAIL SENTENCE IMPOSED

        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.

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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.
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