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In 2013, the United States Supreme Court struck a blow against the Fifth Amendment in the case of Salinas v. Texas. The opinion may be found here. In Salinas, police were investigating a double homicide and recovered several shotgun shell casings at the scene.  They then paid a visit to the defendant, whom they had […]

Since Colorado legalized the recreational use of marijuana, much has been made of the potential dangers that drugged drivers can pose on the state’s roads and highways. As a result, law enforcement officer are trained to recognize the signs of intoxication caused by marijuana and other drugs. In fact, the Colorado Department of Transportation indicates […]

Law enforcement has a variety of investigative techniques at their disposal when attempting to determine whether a person is under the influence of drugs or alcohol. In many cases, these investigative techniques are actually used to gather evidence rather than make such a determination, as many law enforcement officers formed a belief that a particular […]

Colorado has some of the toughest laws regarding drinking and driving laws in the country. In addition to a“standard” driving under the influence (DUI) offense that generally involves driving with a blood alcohol concentration (BAC) of 0.08 or higher, Colorado also has the lesser offense of Driving While Ability Impaired (DWAI), which is often brought […]

Colorado, like many other states, has various laws that prohibit people from driving after having consumed alcohol to the extent that their ability to operate a vehicle is impaired or affected. In many cases, these laws draw distinctions between offenses based on how intoxicated a driver was at the time of driving based upon their […]

  During a traffic stop, if a law enforcement officer suspects that you have been drinking, he or she may request that you submit to a breath test to measure your blood alcohol content (BAC). Such tests are performed by using Breathalyzers, a portable device that measures the amount of alcohol in breath when an […]

In many investigations for DUI cases, law enforcement officers will take a blood sample from an arrestee in order to measure their blood alcohol content (BAC). While the results of the blood test are often offered by the Denver prosecution to prove your level of intoxication, there are many reasons why these results may not […]

Aggravating Factors in a DUI Every criminal offense set out by Colorado law also has corresponding maximum penalties that you may face if convicted of that offense. However, at time a particular sentence may exceed the usual maximum penalties for different reasons. One reason is that a prosecutor may argue that “aggravating factors” exist in […]

The Supreme Court of the United States (SCOTUS) returned from its winter recess and announced its decision not to review a case appealed by Colorado prosecutors regarding warrantless blood tests in suspected DUI cases. This means that the Colorado Supreme Court’s decision in the case, Colorado v. Schaufele, will stand. History of the Case In […]

If you are convicted of driving under the influence (DUI) in Colorado, the consequences you face may be serious. In some cases, however, you may experience some consequences well before a conviction. If you are arrested on suspicion of DUI, you will be taken to jail and may have to obtain a bond in order […]

Most people should be aware that, when you are charged with driving under the influence (DUI) or another criminal offense, you have the option to plead “not guilty” or “guilty.” Though a defendant may originally enter a plea of not guilty, he or she may always change their minds during the criminal justice process and […]