Archive for December, 2009

DUI Blood Test Results Challenged in Colorado Springs

Wednesday, December 30th, 2009

Hundreds of DUI blood alcohol tests are being resubmitted for further testing after the Colorado Springs Metro Crime Lab’s tests were called into question.  The El Paso district Attorney’s office has resubmitted over 1,000 blood samples for retesting in pending DUI cases since these discrepancies were found.

So far, no cause for the blood test discrepancies has been offered, but it has been reported the district attorney’s office and Colorado Bureau of Investigation are conducting investigations.

New Years Eve, 2010 DUI Checkpoints in Colorado

Monday, December 28th, 2009

If you are out driving in Colorado during the season, expect to be contacted by a police officer working DUI patrol. During the holiday season, DUI enforcement and DUI checkpoints in Colorado are intensified. The last thing someone wants to ring in the New Year with is a DUI arrest, but such arrests in Colorado during New Years Eve increase every year. New Years Eve, 2010 is not expected to be any different.

Unfortunately, there will be hundreds of drunk drivers on the roads to bring in 2010. Last year, police in Colorado made 569 DUI arrests in a week span between December 30, 2008 and January 5, 2009, according to CDOT’s website. This number was noticeably larger than the DUI arrest statistics for 2008. DUI enforcement in Colorado for January 1, 2010 will be just as intense, if not more so.

The increase in DUI enforcement in Colorado is based largely on tragic fatalities and editorials in the local media and on television in 2009. The increased DUI enforcement includes additional officers patrolling traffic, and an increase of roadside DUI checkpoints at various locations around the state.

The best advice anyone can adhere to for a safe New Year’s Eve is to make alternate arrangements for transportation, and to avoid putting oneself in a dubious situation, recommends Denver DUI attorney Jay Tiftickjian. “Once alcohol is in your system, your decision making ability is impaired. Therefore, it is always best to make your transportation arrangements prior to going out for the night.”

Mandatory Jail in Colorado for Second DUI not Recommended

Monday, December 14th, 2009

A state commission created by Colorado Governor Bill Ritter deliberated and voted not to recommend a change in Colorado’s DUI law on December 11, 2009 that would have made incarceration mandatory for second DUI offenders. The Commission on Criminal and Juvenile Justice rejected a proposal requiring repeat offenders to be sentenced to at least 30 days for a second alcohol conviction and at least 60 days for a third offense, and in-home detention or alternative sentencing options would not be available to sentencing judges.

Under current Colorado DUI law, a second DUI or DWAI offense requires a mandatory jail sentence, but the judge has the option of imposing this sentence on electronic home monitoring, with work release, or through other arrangements.

In Colorado, unless there are aggravating facts such as an accident resulting in serious injury or death, a DUI is not a felony, and the maximum sentence is up to one year in a county jail. Other states have increased penalties for DUI offenses in recent years, including creating a felony for second offenses. For example, New York classifies a second DUI conviction within 10 years as a Class E felony.