In going through some police reports earlier this week, we came across a memo from the toxicology lab supervisor at the Colorado Department of Public Health and Environment. The  supervisor reported in her memo that several blood samples analyzed by a particular lab analyst who worked at the Department of Health were inaccurate. The lab supervisor stated that as of March 21, 2012, she knew of “5 samples that were reported outside of the appropriate reporting range.” These samples were retested and new reports of the results were to be issued. The lab at the Department of Health is going to retest approximately 1,700 samples tested by this particular lab analyst,  who was fired for unsatisfactory performance on March 14, 2012.

The toxicology lab at the Colorado Department of Public Health and Environment tests DUI blood samples that are submitted by police agencies from across the state. This episode is reminiscent of an incident reported in late 2009 by the Colorado Springs Metro Crime Lab where the blood alcohol results were found to be incorrect in 167 cases. The Colorado Springs crime lab identified the inaccurate tests were due to an inadequate amount of the internal standard n-propanol being added to the blood sample prior to analysis. After this problem was uncovered, the Colorado Springs Police Department began sending its blood samples to the Colorado Department of Health for testing.

At this point, the cause of the inaccuracies in the results of the blood tests performed by the Colorado Department of Health has not been reported. In our office, we found a handful of tests that were performed by the fired technician that are firm, Daniel, Thom and Katzman,  is handling. We do not know what impact this problem will have on cases throughout the state. We will post additional information when it becomes available.

In Pueblo County this past Fourth of July, a Colorado woman—allegedly under the influence of alcohol—sped down South Purcell Boulevard in Pueblo West at a reported speed of sixty-five miles-per-hour.  She reportedly exceeded the thirty mile-per-hour speed limit in an attempt to evade law enforcement officials who intended to pull her over for a suspected DUI.  Unfortunately, in her attempt to avoid law enforcement, she lost control of her vehicle (shortly after cutting-out her headlights) and ended-up rolled-over in a six foot deep construction ditch.  As a result of he crash, the woman suffered injuries and received medical assistance at Parkview West Medical Center.  Not long after her recovery, police officers arrived at the hospital to charge her with vehicular eluding, DUI, driving with a suspended or revoked license, reckless driving, and driving without wearing a seat belt.

Unfortunately (as was the case with this woman), holidays such as the Fourth of July, St Patrick’s Day, and New Year’s Eve provide many individuals an excuse to consume copious amounts of alcohol and make poorly thought-out life choices.  Consequently, those individuals then make decisions (that have serious legal consequences) rather carelessly.  For a case in point, consider that this Colorado woman now has expensive hospital bills, potentially agonizing life-long injuries, heavy fines, considerable prison time, community service, and DUI classes to attend—all because she made poor decisions while her abilities were impaired.  (Furthermore,  she’ll have to continually confront members of her community to explain the likely social stigma they’ll attribute to her for endangering herself and other motorists.)

Truly, alcohol and other drugs have the ability to impair the judgment of those who consume too much of it—or those who consume it irresponsibly.  While most Individuals –under normal circumstances—might not ever even consider getting behind the wheel while intoxicated, those who’ve “overdone it,” so to speak, could easily misjudge their abilities and make the serious mistake of climbing into a vehicle while under the influence.  In the event you find yourself facing DUI, DUAI, or other related charges, then you should contact a Colorado DUI defense attorney without delay.  While not every circumstance results in a judgment wherein suspects totally avoid conviction, many cases do, and as such you’ll want to make sure you the best counsel you can get.  At the very least, having a seasoned DUI defense attorney ready to represent you in legal matters can help protect you from some of the harsher sentences associated with DUIs.

There are integral pieces of evidence that the prosecution uses in just about every DUI case.  Breathalyzer readings and/or blood tests top the list, but the testimony of the arresting officer is also critical in getting a conviction in many cases. Many drivers think that just because they’ve failed the field sobriety test or scored above the legal limit on a breath test, they will automatically be convicted for driving under the influence. However, this isn’t necessarily the case, especially when a good defense attorney is involved.

A defense attorney with experience in DUI cases will use their expertise to find inaccuracies and inconsistencies in the testimony of the arresting officers to prove that your arrest didn’t go according to procedure. If your rights were violated during the arrest, your defense attorney can use this evidence to get your charges dismissed. In DUI cases, defense lawyers will also call the accuracy of the blood alcohol tests into question. The blood drawn for your BAC test can be requested for testing performed in a private third party laboratory by your attorney. If there is a difference in the readings between the private lab test and the test performed by the police, this may be enough to call the entire case into question.

Many law enforcement officials are specifically trained to identify DUI drivers, but that doesn’t necessarily mean that those officers can’t make mistakes. Your defense attorney will review all of the available evidence, including dashboard camera footage if available, in order to ensure that proper procedure was followed every step of the way during the police investigation that resulted in your DUI charge. If an experienced defense attorney identifies a wrongdoing on the part of the arresting officer, he or she will be able to use that information to build up your defense in an effort to get your charges reduced or dismissed.

Not every DUI stop is conducted lawfully, and not every arrest needs to end in a conviction. Many people don’t realize that a Driving Under the Influence case is just like any other court case, and you can fight DUI charges just like any other criminal charge if you have a good defense lawyer. If you’ve been arrested for driving under the influence of alcohol or drugs and feel as though you may not have been treated fairly during the course of the stop and arrest, reach out to a defense attorney who has experience handling DUI cases.

When it comes to driving under the influence, there are two separate charges involved: the criminal charges for breaking laws against driving under the influence of alcohol and drugs, and the traffic charges in order to suspend a driver’s license. While the criminal charges for DUI are heard in criminal court, license suspension charges are heard by traffic court in a DMV hearing. Some drivers get so overly absorbed in the possibility of the penalties they’ll face during their criminal hearing from a drunk driving arrest that they tend to completely look past the license suspension hearing process. Though this hearing has no bearing on the potential fines that you’ll face from a DUI conviction or the possible time behind bars that you’ll be required to spend, it is an integral part of the process for retaining your driving privileges.

In most states, if you don’t schedule your DMV hearing in a timely manner following your arrest for drunk driving, the initial revocation of your driving privileges will very likely be upheld, and you won’t have much recourse when it comes to trying to get back on the road. This is why hiring a qualified DUI attorney is a very wise move following an arrest for DUI, DWI, DWAI or another drunk driving violation.

A defense attorney with experience in drunk driving cases will not only get your license suspension hearing scheduled prior to the deadline, but they’ll be able to formulate the best possible strategy for your specific situation. An experienced DUI attorney will have helped countless clients in your situation and will know exactly what information is important to present in the venue of the DMV hearing in order to get your license suspension reduced or possible even lifted.

An experienced DUI attorney knows just how important the DMV hearing is to reinstating your driver’s license and maintaining some semblance of order in your lifestyle.  Getting your driver’s license back, even in a limited capacity, is critical if you hope to be able to get to and from work and other obligations following a drunk driving arrest. Once you’ve had an experienced defense attorney with experience in drunk driving cases help you navigate the difficult DMV hearing, you’ll be able to clearly focus on the criminal portion of your hearing with their help as well. Having a good DUI defense lawyer by your side is crucial to fighting a conviction at every step in order to realize the best results possible from your DUI case.

There are few things that can cause stress to a driver more than being pulled over after having had a few drinks and failing to perform well on the sobriety field test. Most drivers know just how much a DUI or DWI conviction can affect their lives, and no one wants to be subjected to the very severe punishments often associated with a drunk driving conviction. If you try to face your drunk driving charges alone, you can be subjecting yourself to months of stress and headaches.

Depending upon your location and the perceived severity of your drunk driving related crime, you could be in for a battery of unfavorable punishments if you get convicted. You could face very steep fines, lengthy jail terms and possibly have your driving privileges revoked for the foreseeable future. The personal, professional and financial parts of your life could all suffer greatly from a drunk driving conviction, which is why it is imperative that you reach out to a qualified DUI attorney at your earliest convenience following an arrest for drunk driving.

A good DUI attorney will be able to guide you through every step of the potentially confusing drunk driving court process to ensure that all the necessary steps of legal procedure are adhered to, which can be very difficult to do on your own. For example, most people don’t know that a drunk driving charge will be tried in criminal court, but that they will also have to have a hearing at their state department of motor vehicles about whether or not their driver’s license will be suspended. With an attorney, you’ll get help scheduling your DMV hearing and help developing the strongest possible defense for both your DMV and your criminal hearing in an effort to minimize the potential penalties that you’ll face.

An experienced DUI attorney will be able to quickly identify the presence of evidence that could be beneficial to your defense and use their expert knowledge to highlight those key facts during the trial in criminal court. If there are discrepancies in testimony, errors on the police report or any inconsistencies shown during the investigation, your DUI attorney will be able to find them and use them to build a powerful and effective defense strategy. Going through the experience of a DUI on your own can be very intimidating, but having a qualified DUI attorney by your side can make the process much smoother and easier.

Being arrested for driving under the influence is certainly no laughing matter. Depending upon the exact details of the arrest, even a first time DUI conviction can have serious repercussions on a number of areas of your life. The heavy fines that you could face from a DUI conviction could cause financial distress, and the loss of driving privileges could affect your personal life and your career. The possible jail time you might face for a drunk driving conviction can also affect your freedom and your future. When faced with drunk driving charge, many people can’t see past these legal repercussions, and they don’t realize that they can get help from an attorney in their drunk driving case.

Walking away from a DUI charge of any kind with a favorable outcome is never easy, but having a defense attorney with experience in drunk driving cases on your side can result in a much better outcome to your case than would have resulted if you had defended yourself. The laws and courts in most states are generally not lenient on drunk drivers, so you should not face the judge alone. The drunk driving laws in just about all states are constantly changing, and law enforcement officials are always looking to hand down more severe punishments for DUI or DWI convictions. An attorney who specializes in drunk driving defense understands the nuances of traffic laws, and can challenge law enforcement evidence against you.

In order to come away from your criminal hearing without suffering to the fullest extent of the law, you need an experienced professional to help you construct your defense. An experienced DUI attorney will be completely aware of any recent changes regarding the drunk driving laws in your state and will know exactly how the prosecution plans to pursue a conviction. Your defense attorney will be able to use the available evidence in conjunction with an in depth knowledge of every facet of DUI law to construct the most effective and plausible defense for your particular case.

Having the right defense lawyer at your criminal hearing for a drunk driving charge is the best possible way to reduce or eliminate some of the very severe punishments you could have faced from a conviction. A first time DUI doesn’t have to come with a lifetime of issues, problems and baggage from a conviction, but in order to get the outcome that you want, you’ll need an experienced DUI attorney to properly build your defense.

While most people understand that DUIs or DWIs have hard, tangible consequences (in the form of fines and sentences) attached to them, many do not fully consider the intangible—yet detrimental–consequences such convictions can have on other aspects of their lives.   For instance, should news of your conviction reach members of your community, how might you cope with the day to day stress of explaining your behavior?  Furthermore, how might you cope with the stigma you receive if the conviction occurred while you were currently involved in your children’s and friends’ children’s extra-curricular activities (i.e., carpooling)?  Finally, what if you had your license revoked or received a probation sentence as a result of your conviction, and as such, you couldn’t visit loved ones in another part of the country—what might they think?

Unfortunately, a DUI conviction can carry with it a strong stigma among members within your community—not exactly a financial stress, but stress nonetheless.  Also, unless you have the ability to get your record expunged by paying close attention to your state’s specific laws, then the DUI can remain on your record for the rest of your life—something you may have to explain multiple times and in multiple venues.  For instance, while a conviction won’t appear on your credit report, you can expect this misdemeanor to appear on a criminal background check—which can have serious consequences for you if you’re looking for employment in the transportation industry.  How might you explain that during an interview, and should you lose the job-opportunity, would you be comfortable explaining to your family the reason a potential employer turned you down?

Possible consequences of a first-time DUI or DWI conviction in Colorado:

• -fines anywhere from $300.00 to $1,500.00
• -prison sentence anywhere from 5 days to 1 year
• -mandatory attendance at Alcohol Education classes (24 hours over 12 weeks – average cost of $525.00)
• -90 day to 1 year license-suspension (suspension occurs automatically if request for hearing with DMV doesn’t occur within seven days)
• -60 to 120 hours of community service
• -unsupervised probation for up to 2 years
• -30% increase in insurance rates or potentially dropped from insurance plan altogether

A DUI arrest has the potential to turn into a stressful ordeal that can seriously impact many aspects of your life—and not simply the financial aspect.   Should law enforcement arrest you or someone you know for driving under-the-influence, you should contact a DUI criminal defense attorney immediately.  Not doing so could result in you losing your money, your time, and your reputation.

A Colorado teenager was recently arrested and charged with driving under the influence of alcohol after smashing her car into an SUV. The Denver Post reported that a news release from the Colorado State Patrol stated that authorities responded to call about an accident at the intersection of K Road and 19 Road. A young woman was driving her SUV westbound on K Road when the teen’s car crashed into her vehicle.

The teen’s car back-ended the SUV, making it roll onto its side. The teen’s car veered off the road and smashed into a fence. Both drivers appeared to have been wearing their seat belts and only suffered minor injuries. Their names were not  released. The teen was charged with consumption of alcohol by a minor, possessing an open container of alcohol in a vehicle, DUI and failing to remain at the scene of an accident. The teen was released into her parents’ custody.

Depending on the age of the suspect, her previous record, her demeanor and her parent’s ability to discipline her, she may be charged as an adult. A judge will make the final determination as to whether her case should be tried in juvenile court or transferred to adult court. Adult court provides some protections that juvenile court does not, however, sentences are much harsher. She will lose her driving privileges simply on the DUI charge alone. In Colorado, is it is illegal for anyone under 21 to consume alcohol unless under certain conditions. It is illegal for anyone over 21 to consume or possess an open container of alcohol in their vehicle or in public. It is illegal for anyone to leave the scene of an accident. A Colorado DUI defense attorney can explain all of these laws in greater details and what those laws mean for you if you are charged.

If you are arrested and charged with Driving Under the Influence or Driving While Ability Impaired in Colorado, you definitely need a Colorado criminal defense attorney with experience in DUI cases when you go before the judge. An attorney can argue for your innocence, negotiate a plea bargain or get charges reduced or even dismissed for several reasons.

Colorado DUI defense lawyers have several strategies for helping their clients avoid the harsh legal penalties for drunk driving charges. Some of the most common defense strategies include:

• Challenging the validity of Blood Alcohol Content testing procedures or equipment: Hand-held breathalyzer machines are often faulty, and law enforcement must follow certain procedures for registering and using equipment.
• Challenging other evidence against you: Police will also have other evidence like video surveillance or police car camera footage that they can use to argue that you were driving while intoxicated. Field sobriety tests and officer testimony are also common DUI evidence types for the prosecution. A Colorado criminal defense attorney with experience in DUI cases can challenge this evidence and get it thrown out of court.
• Recreating the accident or reviewing the details of the initial traffic stop: In order to charge someone with a drunk driving violation, Colorado traffic police must have a reason to stop the driver. An experienced Colorado criminal defense attorney will often question the reason for the traffic stop.
• Examining the records of the arresting officers: If the police officers who arrested you for DUI in Colorado have a history of false arrests or disciplinary actions taken against them, your charges can be dropped.
• Citing flawed police procedures or rights violations: If police didn’t follow correct arrest or testing procedures or violated your Constitutional rights while they were arresting you or investigating your case, your attorney can get your charges dismissed.

Your Colorado criminal defense attorney will work hard to make sure that you can continue to drive in Colorado without having a DUI conviction on your record by aggressively fighting for you in the court room.

One of the harshest DUI penalties that can be handed down in Colorado is the requirement of an ignition interlock device. If you’re facing DUI charges in the Centennial State, you need a Colorado criminal defense attorney by your side to make sure you don’t face this harsh legal penalty if you are convicted.

What is an ignition interlock device?

An ignition interlock device is a breathalyzer machine that is hooked into the electrical system of a motor vehicle. The driver of the vehicle must blow into the device before starting the vehicle and periodically while driving. If the device detects alcohol on the driver’s breath in certain concentrations, then the vehicle will not start or will stop. An ignition interlock device also comes with a computer that records the alcohol levels on the breath for every sample, as well as any attempts the driver might make to get around the device.

Who can order me to install an ignition interlock?

The criminal court judge who hears your DUI case can order you to install an ignition interlock device, but these devices are connected to your driver’s license. Installing the device is part of keeping your ability to drive in Colorado. While the judge sets the BAC level for shut-off and the length of time you are required to have the device, the other aspects of driving with an ignition interlock are handled by the Colorado DMV.

Who pays for the device?

You are required to pay for installation and maintenance of your ignition interlock device, which makes this DUI penalty a financial burden. You may be able to get financial assistance through state programs.

How can a Colorado criminal defense attorney help?

A Colorado criminal defense attorney who specializes in DUI cases will be able to successfully argue for your innocence in criminal court as well as at the DMV administrative hearing. An attorney can also challenge evidence to get charges thrown out, as well as negotiate with judges for alternative sentencing.