As a consequence of The Persistent Drunk Driving Act of 1998, the Persistent Drunk Driving Committee formed in an effort to develop and implement programs aimed at deterring persistent drunk and drug-related driving.   The PDD Committee consists of several state agencies including the Colorado Department of Human Services, State Judicial Branch, Department of Transportation, and the Department of Revenue.  (According to Colorado state law, a persistent drunk driver is defined as someone who has two or more alcohol or drug related driving violations of someone with a BAC of .17 or higher—even if it’s the first offense.)

Recently, state agencies on the PDD developed and published a new website aimed at providing individuals the resources they need for answering question they may have concerning DUIs.  The website, www.NoDUIColorado.org, provides a wealth of information that can potentially help individuals make informed decisions regarding impaired driving and behaviors associated with substance abuse.  For example, the new website features an interactive Blood Alcohol Content (BAC) calculator and also provides them with an opportunity to find and compare DUI related information about the county in which they reside.

The PDD Committee launched the new website this past month in hopes of increasing the likelihood holiday partygoers that intend to drink plan their evening better than they might have otherwise.  To explain, the site suggests alternatives modes of transportation for partygoers—so that they avoid getting behind the wheel of a car.  The website also provides a sober party planning guide, downloadable BAC phone apps, and a list of tips on how to get home safely after an evening of festivities and celebrations.

Despite these efforts by the Colorado PDD Committee and its constituent state agencies, individuals still end up with DUI and DWAI charges, and while some of these individuals absolutely deserve the charges bestowed on them by law enforcement officials, many do not.  The unfortunate reality is that individuals sometimes end-up with DUI convictions or costly fines and other penalties that they could have avoided—had they shared their concerns with a Colorado DUI criminal defense attorney.  Should you suspect that a law enforcement official incorrectly charged you with a DUI—or even if you’ve received a DUI that you believe you did receive—you should contact a DUI criminal defense attorney immediately.  A simple conversation with an experienced and qualified professional can help you understand your options available and ensure you retain the rights afforded to you by law.

Depending on the circumstances surrounding a DUI or DWAI charge, a court may sentence the convicted to mandatory alcohol awareness classes.  This type of sentence is often the case for plea bargains or deferred sentences for alcohol-related offenses.  Also, these mandatory classes usually serve as the condition for license reinstatement.  That said, however, some cases do exist wherein courts do not order those charged with DUIs or DWAIs to take alcohol awareness classes.  Depending on the type of circumstances, a court may require you to take alcohol awareness and treatment classes as offered by the Colorado Department of Behavioral Health.

Level I Education

Consists of 12 hours of DUI education over a minimum of a 2-day period.  With this education, not more than 6 hours can be conducted in one calendar day. This education typically occurs in a group or class.  Level I Education is not appropriate for someone who has had more than one impaired driving offense, or one offense with a high BAC.

Level II Education

Consists of 24 hours of DUI education over 12 weeks.  This education typically occurs in a group setting wherein theclass size is limited to not more than 12 regularly attending. Level II Education can be recommended by itself or may be followed by Level II Therapy.

Level II Therapy

Level II Education follows Level II Therapy.  This type of therapy can range in length from 5 to 10 months depending on the track assigned. Track assignment depends on whether a person has prior impaired driving offenses.  Also, the track assignment depends on the individuals BAC as well as other clinical indicators. The alcohol evaluator (probation) recommends this track changes, or—in the absence of an official evaluation—the treatment agency recommends them.

Level II Therapy Track Guidelines

Track A: 42 hours over 21 weeks – for first time offender with a BAC below .17;

Track B: 52 hours over 26 weeks – for first time offender with BAC of .17 or above;

Track C: 68 hours over 34 weeks – for offender with prior DUI, and a BAC below .17;

Track D: 86 hours over 43 weeks, usually for someone with a prior DWAI/DUI, and a BAC of .17 or above.

Alcohol awareness classes play a critical role in rehabilitating individuals charged with DUIs or DWAIs, and without such programs, law enforcement officers might see a greater number of instances of alcohol-related driving offenses.  Unfortunately, though, those charged with DUIs often end-up receiving sentences to take these mandatory courses, when the facts of their cases—had they been argued correctly—could have received them a much lighter sentence than the one they got.  If you’ve been charged with a DUI or DWAI, then you should contact a qualified Colorado DUI criminal defense attorney without delay.  By discussing the details of your particular DUI charge with a DUI criminal defense attorney, you potentially reduce the likelihood you receive a sentence you don’t deserve.

While you may already be aware that law enforcement officials have an array of devices at their disposal for measuring the amount of alcohol in your blood stream, you may not be aware that—during DUI related incidents—officials use these various devices quite differently, at different times, and for different purposes.  Furthermore, while you may believe you don’t have a pressing need to understand the differences among these devices (to the extent that a DUI criminal defense attorney might), even having at least a cursory knowledge of these devices and their appropriate uses can help your cause in ways you didn’t even know.

To explain, if you’ve been pulled-over or if you’ve been stopped at a DUI checkpoint and an officer suspects you’ve driving under the influence, then he or she will more than likely administer a Preliminary Alcohol Screening (PAS) or Preliminary Breath Testing (PBT).   A PAS or a PBT are usually smaller, portable devices that provide law enforcement officials a relatively reliable indication as to whether or not an individual has been driving under the influence of alcohol or other substances.

Despite their usefulness, however, these preliminary tests typically do not provide officers with enough evidence to make a DUI charge yield a conviction.  As such, after transporting suspected individuals to a nearby station, law enforcement officials then administer another more accurate test generally referred to as an Evidential Blood/Breath Alcohol Test (EBAT).  The Colorado Department of Public Health and Environment explains that Colorado law enforcement officials use EBAT devices to determine breath alcohol content.  These devices are usually much larger than the PAS or PBTs, and the measurements they take typically provide enough evidence to convict DUI suspects.  They work by measuring an individual’s breath-alcohol content, expressed in grams of alcohol per 210 liters of breath, and an example of an EBAT device in Colorado is the Intoxilyzer 5000EN.

Based on the above description, you may be thinking that an EBAT is the “end all, be all,” so to speak, when it comes to blood/breath alcohol testing.  However, devices of all kinds can malfunction.  Furthermore, officers can sometimes fail to properly maintain these devices—resulting in errors—or they may even administer them correctly.  As such, if you’ve been charged with a DUI or DUI per se, you should go ahead and get in touch with Colorado DUI criminal defense attorney without delay.  A qualified professional has the resources and experience with regard to these devices to make sure you don’t receive a conviction you don’t deserve!

In an effort to curb the number of instances of DUI and DWAI instances, police departments and other governmental agencies have started pairing-up and combining their forces.  For instance, the Colorado Springs Police Department and the Colorado Department of Transportation often pair together during the CSPD’s Heat is On programs.  These programs typically run during holiday weekends (e.g., Fourth of July weekends) and involve both sobriety checkpoints and saturation patrols.  Also, while the CSPD often pairs with the Department of Transportation, it has also paired with other governmental agencies such as the Pikes Peak Regional DUI Task Force and the National Highway Transportation Safety Association.

Characteristics of an Effective Sobriety Checkpoint Program

-Persistent Program that Deters Impaired Driving

-Program that Provides Legal Support

-One that Abides by Existing Departmental Policy

-Effective Site Selection

-Unique Warning Devices

-Visibility of Police Authority

- Logistics for Chemical Testing

-Contingency Plans

-Implementation of Techniques for Detection and Investigation

- Briefings of Operations

-Program that Provides Comprehensive Public Information and -Education Programs

-Means of Data Collection and Evaluation

As indicated by the City of Colorado Springs’ government website, the Colorado Springs Police Department institutes sobriety checkpoints and programs such as “Heat is On” for the purpose of deterring impaired drivers and reducing the number of alcohol-related vehicular fatalities each year.   Also, as indicated by the above list of characteristics of effective sobriety checkpoint programs, the CSPD and other agencies make every effort to ensure that these checkpoints adhere to both recent court rulings and the Colorado State Constitution.

Unfortunately, however, instances where in law enforcement officers do not adhere to guidelines and statutory regulations do exist.  Consequently, you’ll want to make sure you’ve done everything within your power to protect yourself legally, should you find yourself with a DUI or DWAI charge.   If you’ve been charged with a DUI or DWAI, then you’ll need to seek out a professional with both the experience and expertise to provide you with a fair defense.  A qualified Colorado DUI defense attorney has the resources to help ensure you’ve done all you can to avoid costly fines, community service, DUI classes, a revoked license, or even time in jail.

Many of us had, at one point or another, found ourselves at a restaurant or out at a bar at night after an evening full of friends and a few drinks.  And many of us, in this situation, have been faced with the question of whether or not we should get behind the wheel of a car and drive home.  Unfortunately, by the time most of us reach the point in the evening where we’re asking ourselves—“Am I too drunk to drive?”—we’re already much too intoxicated to safely operate a vehicle.  By this point, the alcohol consumed earlier in the evening has already seeped into our systems and begun impairing our ability to make responsible decisions.

Consequently, many people have begun to feel that a convenient and objective method of determining sobriety should be available at bars and restaurants.   Indeed, some groups of people now content that simple, easy to use sobriety tests at restaurants and bars will significantly impact the number of drunk-driving incidents by reducing the number of impaired drivers on the road.   For instance, David Tweedy, former police officer and now owner of the breathalyzer company National BAC, believes that the breathalyzer machines his company sells will have a “positive impact on DUI statistics around the region.”  In 2010, Tweedy installed one of his machines in a local Colorado Springs watering hole—Southside Johnny.  While the machines themselves cost thousands of dollars, patrons pay only a dollar for each test.

Simple, easy to use BAC tests, such as National BAC’s, have yet to reach many bars or gain in popularity among bar and restaurants patrons in Colorado, and unfortunately, not all of these devices take into account BAC levels that indicate a DWAI (driving while ability impaired).  Should you find yourself in a situation where you’ve been charged with a DUI or DWAI, you should seek out a Colorado DUI defense attorney as soon as possible.  He or she will need to know every particular detail about your incident.  A qualified DUI defense attorney will provide you with the defense you deserve and help you avoid incurring costly fines, community service, or even time in jail.

In many instances a vehicular assault charge occurs in conjunction with another potentially serious charge, like a DUI or reckless driving, which makes having a qualified Colorado defense attorney on your side even more important.  Each of those charges alone could bring about serious consequences, but when a driver faces multiple charges together there is a serious need for a well constructed defense.

An experienced Colorado defense attorney should be contacted immediately following your arrest for DUI or vehicular assault so the focus of your defense strategy can be immediately developed.  Your Colorado defense attorney will be able to use their knowledge and experience to reveal the necessary details of your case that could be used to cast doubt on the charges levied by the prosecution.

If the arresting officer did not follow proper procedure or if there are any discrepancies evident in the detail of the prosecution’s case, your experienced Colorado defense attorney will be able to identify them and use them in order to build your defense.

When the charges filed against you are as serious as DUI and vehicular assault, the potential penalties that you could face if convicted are very severe.  If there are multiple charges filed against you and the evidence of the prosecution is very strong a good Colorado defense attorney may be able to help you reach a plea bargain that will result in penalties that are less severe.  The best way to walk away from very serious charges like vehicular assault and DUI with a favorable outcome is with a very strong defense built by an experienced Colorado defense attorney.

With one look at the potential penalties that you’ll face from a DUI conviction in the state of Colorado, it’s very easy to see just how much your life can be affected. Heavy fines, jail time, suspension of driving privileges and the requirement for carrying an expensive auto insurance policy can wreak havoc with your personal, financial and professional lives.

The best way to approach your defense in a DUI hearing is by enlisting the help of an experienced Colorado defense attorney.  Many drivers feel as though they are already potentially behind the eight ball will the potential financial repercussions of a Colorado DUI and hope that they’ll be able save money by defending themselves, but this is often a serious mistake.

Constructing the best possible defense against a Colorado DUI charge requires and in depth and intimate knowledge of DUI law.  DUI cases can be complex and confusing and a poorly constructed defense is can easily lead to a conviction that will force you to face the fullest extent of possible penalties.

Having an experienced Colorado DUI attorney on your side will ensure that you’ve got the necessary knowledge in your corner to limit the possible punishments you’ll face.  A good Colorado defense attorney will most likely be able to save you much more in potential fines and increased insurance premiums then their services will cost.  If you have been arrested for a DUI in the state of Colorado, it’s imperative that you reach out to an experienced Colorado defense attorney in order to begin constructing your defense.

Domestic violence charges can be levied by the prosecution even when no serious injuries occurred.  Law enforcement officials take domestic violence situations very seriously and when a domestic violence situation occurs there is no hope of a warning.  When an officer is dispatched on a domestic violence call an arrest will be made, even if there isn’t necessarily a clear cut aggressor or blatantly visible signs of injury.  Just because your partner chooses not to press charges at the time of the incident you can’t assume that you’ll walk away completely free of charges when a domestic violence call has occurred.

While the officers are only acting in the interest of the safety of all parties involved, if domestic charges are brought against you, you could suffer very serious consequences – even if you weren’t really the aggressor.  A domestic violence conviction requires the accused to attend mandatory domestic violence classes at their own, which could pose a serious strain on your time and your finances, and could possibly result in a prison term of up to two years.

In order to adequately fight a very serious charge like domestic violence, you need the assistance of an experienced Colorado defense attorney.  A Colorado defense attorney will know how to approach your case by carefully evaluating all of the available evidence and be able to structure the most effective defense strategy for your situation.

If you have been charged with domestic violence it’s imperative that you reach out to an experienced Colorado defense attorney as soon as possible to begin planning for your defense.

Assault charges can stem from even the most seemingly innocent altercation, but even the most minor of assault charges can turn into a serious punishment.  Even a third degree misdemeanor assault conviction can result in a two year prison sentence and the possible punishments increase exponentially along with increased charges.

If you are currently being investigated for or facing an assault charge you can’t afford to wait to reach out to a qualified Colorado defense attorney.  Depending upon the specific details of your case an assault conviction could result in up to a ten year prison sentence, or more.

The best way to get assault charges reduced or dismissed in the state of Colorado is with a properly and professionally structured defense.  An experienced Colorado defense attorney will delve into the details of your case to find the details necessary to develop the best possible defense for your case.

Tempers can flare in all types of situations and minor altercations can result.  There is no reason that being cut off on the highway or losing a parking space that you were waiting patiently for should result in you losing a decade of your life to an assault conviction.  As soon as you become aware that there are assault charges pending against you, you need to reach out to an experienced Colorado defense attorney for a consultation so you can begin working to develop the most appropriate and effective defense for your impending case.

In 2009, a Colorado Springs man avoided a potential homicide charge as a result of 1) the reasonable actions he took when protecting himself from an intruder at his home; and 2) Colorado’s Castle Doctrine—which permits people—such as this Colorado Springs’ man—to use self-defense and even deadly-force to protect their home from intruders who put them in danger.

To sum-up the events, James Parsons and his girlfriend were at their home one evening when a 22-year old assistant golf-pro at the Colorado Springs golf course, Sean Kennedy, pulled into Mr. Parson’s driveway and proceeded to enter the house.  Supposedly, Mr. Kennedy (who’s BAC was reported to be three times over the legal limit for driving) thought he had arrived at his own house and accidentally locked himself outside.  Prosecutors reported that Mr. Kennedy then proceeded to bang on the door and yell until he eventually broke a window in an attempt to unlock a door.  Mr. Parsons, having a reasonable belief that the intruder meant to harm he and his girlfriend, procured his revolver and shot at Mr. Kennedy three times—all while his girlfriend notified authorities

In this circumstance, by responding to the intruder reasonably and by not impulsively reacting to the potential threat, Mr. Parsons managed to avoid breaking any state laws, and as such, law enforcement officials could not charge him with homicide.  Furthermore, had this same set of circumstances occurred in one of the two dozen states to which the doctrine doesn’t apply (i.e., a “Stand Your Ground” state), Mr. Parsons may not have escaped charges and consequently, may have faced conviction.

Break-ins and intrusions occur more than most people would like to acknowledge or admit.  Property crime rates in Colorado stand at about one in every thirty-three, so with so many people becoming the burglary victims, you may want to take it upon yourself to start learning about your rights.  Furthermore, if you or anyone you know has recently dealt with an intruder, you should seek the help of a Colorado defense attorney immediately.  While the Castle Doctrine may have served the interest of the Colorado Springs resident, not every victim gets so lucky immediately.  If that’s the case with you then, you’ll want to make sure you have a qualified criminal defense attorney available to guide you through the potentially confusing road ahead of you.