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Posts tagged "DUI/DWAI"

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Which factors are most responsible for car wrecks?

A recent report by the National Highway Traffic Safety Administration has identified what factors create the most danger in traffic crashes, and which are most protective. Interestingly, although the largest share of federal traffic safety dollars is spent on speed enforcement, only about 7 percent of all accidents are attributable to excessive speed.

Driving while high: 'If you feel different, you drive different'

Since marijuana was legalized in Colorado, we've learned a lot about driving while high. A surprising number of people seem to be unaware that driving under the influence of marijuana can get you charged with DUI. Some people don't even think that driving while high is dangerous.

2 justices dissent in DUI appeal citing Sixth Amendment violation

An interesting question came before the U.S. Supreme Court recently. In Stuart v. Alabama, a woman was charged with DUI and criminally negligent homicide for rear-ending another driver's car, causing it to strike a tree and kill the driver. Prosecutors submitted a lab report to prove the woman was under the influence of alcohol, but they did not ask the scientist who performed the tests to testify. Under the Sixth Amendment, however, criminal defendants have the right to confront all of the prosecution's witnesses.

Can police draw blood from an unconscious person without a warrant?

Colorado's express consent law provides that drivers, by virtue of driving on state roadways, have already consented to take a breath or blood test when an officer has probable cause to believe the person is impaired by alcohol or drugs. Refusal to take the test results in a revocation of the driver's license. Moreover, blood tests can be performed on people who are unconscious.

Study shows link between recreational marijuana and car accidents

Colorado drivers may now have more reasons to be concerned while on the roads. A recent study shows that the legalization of recreational marijuana may be contributing to a rise in car crashes in the state. The Insurance Institute for Highway Safety and the Highway Loss Data Institute both conducted studies in states that legalized recreational marijuana, including Colorado. Here is what they found:

10th Circuit Oks filing DUI charges before BAC tests are even in

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 DUI. Nevertheless, she was forced to defend herself from DUI charges for two-and-a-half months even though her blood-alcohol test would ultimately show a 0.01.

When is a DUI a felony in Colorado?

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 as a felony, the consequences can be much greater.

Can you be arrested for an alcohol related driving offense in your own driveway?

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.

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