DUI Colorado Law

Drunk Driving and Cellphone Charges

Thursday, March 5th 2009 at 2:11 pm

Drunk driving, unfortunately, accidents are fairly common. Drunk driving is one of several external factors that may shake the decision of injuries in your favor - using a cell phone while driving is another external factor.

The external factors are the actions of another driver who is not a direct cause of the accident but contributed to, and prove negligence. Drunk driving accidents could have been caused by the driver in a hurry, you can not draw or run a sample of the stop. The drunkenness is incidental, but very relevant.

Because of this, when an accident involves the consumption of alcohol it is generally considered an intangible thing. Therefore, even if there are no charges for drunk driving, it is important to draw attention to everything that relates to consumption of the driver. For example, the smell of alcohol on the driver to see the breath of empty bottles in the car. All of these things can help your case.

Apart from accidents of drunk driving, mobile phones are becoming more frequent causes of accidents. If the other driver was talking on a cell phone when the accident happened, you will probably have a quick and victorious court case.

Cell phones have proven to cause accidents to distract the driver. Some studies have shown that cell phones are responsible for the same number of accidents related to drink driving. In mentioning this, an insurance adjuster will strengthen its case, but still have a tough fight. (There are also studies that suggest that cell phones cause very few accidents, but these studies can be debunked quite easily).

Before talking with the regulator on this factor, research both sides so you know what to say - do a search online for studies on the dangers of cell phone use while driving. They will most likely to be used to contradict an assertion that only a small percentage of accidents in North Carolina were caused by cell phone usage. The study includes statistics from the 1990s do not show the actual number of mobile phone users in North Carolina at that time.

When accidents happen drunkenness law has clearly been broken and the charges are usually against the driver. This charge should only have the settings of the rush to make an offer.

While cell phone use is not as easy as many states have laws against using them while driving. Without the element of a broken law and resulting charges, it may be more difficult to prove that the driver is using a cell phone. This will lower your word against theirs, but the approval of the state. If your application is going to court, it will require the cellphone records of other drivers. This will help your case too.

If your case involves a drunk driving accident or an accident of the cell phone, be sure to stress this in your claim to the insurance company. Drunk driving accidents are so common that the mere mention of the word will result in more work for you. With the use of cell phones, at least make reference to a study. This will show the insurance adjuster that you know what you are referring to the floor and that his argument is solid.

Written by and Copyright Colorado DUI

How to Stop Teenagers From Drinking and Driving

Thursday, March 5th 2009 at 11:58 am

Drunk driving by teens has been a growing concern for many people - especially for parents. As much as we would like to believe that our children are innocent and children will remain forever, the truth is that many young people are involved in illegal activities such as drinking alcohol.

Although teen drivers represent a small fraction of the total population in the United States, teenagers are the cause of many accidents on the roads. Consider some of these statistics:

The National Highway Traffic Safety Administration estimates that 23% of young drivers in fatal traffic accidents had a BAC above the legal limit of 08.

A report published by NHTSA showed that 50% of high school students surveyed admitted to driving drunk

SADD (Students Against Destructive Decisions Students Against Driving Drunk Ex) indicates that nearly three quarters of high school students are drinking alcohol illegally, even if they know the possible consequences of drunk driving.

So what can we do to reduce the incidence of drunk driving for teens? Here are some tips.

Have opened talks with his son on a regular basis. Talking to your child about drinking and driving is not something that should not be avoided, because it is a serious problem and difficult to discuss, or you think they do not listen. Talk with your child as soon as possible and create an open channel of communication and to feel comfortable talking to you about this problem. The more you talk with them about alcohol, more likely to stay with them. They know what it means for you to stay sober when driving.

Teenagers learn from their parents and role models in their lives, so if you have a good example by not drinking and driving, your kids will be more conscious of doing the same.

Teen drunk driving could be reduced or avoided if the parents are more aware of this problem and have shown their concern for adolescents. Most times, parents have the dominant, "Do what I say because I said so!" attitude that makes teenagers just want to rebel even more. Show the same level of respect that you expect from them and they will be more willing to hear what they have to say.

Written by and Copyright Colorado DUI

DUI breath-alcohol machines give false positives

Friday, January 23rd 2009 at 11:48 am

I've written before about how your body naturally produces alcohol which can give false-positives to a breathalyzer machine, but there are other things that can get you into trouble with a breath-alcohol machine.

Breathalyzer machines don't actually detect alcohol at all, they detect the presence of the methyl group in the compound, which basically means false positives happen more often than you might think. There are thousands of things that contain the methyl group, and at least 10% of them have been found in the human mouth.

Scientists have been running tests to see what foods can give a false-positive to a breathalyzer machine. In one such experiment, test subjects blew a .05 BAC after eating bread.

A man in Australia was recently arrested for a DUI after eating at an ice cream shop. The ice cream went straight into his blood stream, and he blew a .018 on the breath-alcohol machine. Since he knew he did not consume any liquor, he brought some ice cream to court to prove that was the cause of his false-positive test.

Experts said consuming some foods or drinks before breath tests can cause a false positive reading. It is recommended that that test subjects wait at least 15 minutes in between eating and blowing into the machine. This is also the reason police in Colorado have to wait 20 minutes to administer a breath test, so they cut down on false positives.

Just remember, if you eat some bread ice cream, take a taxi home so you don't get in trouble for driving under the influence!

Written by and Copyright Colorado DUI

DUI death results in 3 year prison sentence

Tuesday, January 20th 2009 at 8:09 pm

Some guy had a few drinks at a bar and decided to drive home one night. He his something on his way home, what he "thought was a large deer". He cleaned his car the next day and did some Google search to find out if repair shops were required to contact the police if they're suspicious of anything.

This guy actually hit a woman who was walking home from work, and killed her instantly. He didn't even bother to stop and see what he hit. When police announced they were looking for a red Jaguar, he still didn't call police because he had a black jaguar. He plays dumb, but he's smart enough to find out if repair shops talk to police. If he was really didn't think he did anything wrong he wouldn't have made those searches.

I usually write about ways to try to beat a DUI charges, but it's different when you kill somebody while you're driving drunk. That's also why I always say you should get a cab or call a sober friend if you're out drinking. Walk to a bus stop or a near-by hotel, or sleep in your car until you're sober.

The worst part of this accident, other than it being completely avoidable, is that he only got a 3 year sentence for not stopping to see what he hit, "fleeing a crime scene". No matter how dumb this guy pretends to be, he knew he did something wrong that night and he deserves to spend more than 3 years in prison for killing somebody.

During the trial, the prosecutor told the jury: "And I think what he did afterwords is extremely telling, also, the computer searches and Web pages. Auto parts, auto dealers out-of-state; auto glass, Las Vegas; auto glass reporting requirements to law enforcement, auto theft... The defendant didn't offer you any explanation for the auto theft, one, and he had a series of excuses for the other ones. But when you put them all together, the only reasonable conclusion was he was going to try to get the car fixed somewhere else far away so he wouldn't be found out, he was going to try and avoid having anything reported to law enforcement".

Written by and Copyright Colorado DUI

DUI blood test sample

Tuesday, January 13th 2009 at 12:25 pm

If you are pulled over and suspected of DUI (driving under the influence), you probably have a thousand things running through your head, like "Why did I decide to drive after having all those beers?" or "Should I really do a breathalyzer test for the police officer?". If the police think you are drunk you will have to submit to some sort of test, but which test you give can be the difference between jail and freedom.

If you've been drinking all day and all night and you get pulled over for DUI, it doesn't matter which test you take, you'll probably still be over the legal blood alcohol content (BAC) level. But if you've only had one or two beers, the test you choose to take is very important. Let's say you had 2 beers, and an hour later you leave the bar and get pulled over. If you take a breathalyzer test right away, your BAC will still be high because it's only been an hour since you drank your beers. You might not be over the legal limit yet, but why risk it?

First, in Colorado a police officer has to wait 20 minute after pulling you over to give you a breathalyzer test. This is so he can observe you and make sure you don't do anything to try to interfere with the breath test. Never tell the police officer you agree to take a breathalyzer test, just tell him he has to wait 20 minutes before testing you. After 20 minutes, refuse to take the breath test, and insist on taking a blood test instead.

You're going to have to take one of these tests to confirm you're below the legal BAC limit, you agreed to it when you got your drivers license. "If a police officer suspect alcohol in your system, you must submit to a breath, blood or urine test, or lose your right to operate a motor vehicle immediately". By forcing them to test your blood, they will have to transport you to a hospital and have a doctor draw the blood for them. This can easily take another 30 minutes to an hour, and your BAC will go down during your trip to the hospital.

Sometimes, the blood will not be tested for blood alcohol content right away. They might even wait until days before your trial date to test your blood, and if they wait too long your blood sample might not be good. Red blood cells have a shelf life of 42 days. This means afte 42 days, they can't give you an honest answer to what your BAC was the night of your DUI, and it shouldn't be admissible in court. That alone will probably be enough to get your DUI charge thrown out in court.

Of course you should not depend on this method alone to get out of a DUI, you also need a good DUI lawyer to help keep you out of jail, but without evidence the prosecutor doesn't have much to work with.

One last thing to keep in mind is, you will probably have to pay for your blood test as the hospital if you decide to take that test. It will probably cost between $25 and $100, but that's a very small price to pay if it will keep you out of jail, and keep a DUI charge off your record.

Written by and Copyright Colorado DUI

DUI test kits and police

Thursday, January 8th 2009 at 12:25 pm

Alcohol is actually a drug that has dangerous effects on the human body's central nervous system which effects the way we react when drive.

When we drive after having a drink the alcohol in our body's effect our brain and can lead to amazingly dangerous side effects, sometimes drivers have passed out at the wheel and even stepping into a car in an intoxicated state is such a risk to fellow drivers on the road.

Drink driving is also commonly refereed to as driving under the influence or DUI or driving while intoxicated / driving while impaired (DWI) it is a criminal offense in nearly all the major countries in the world due to the fact many deaths are caused by it.

The level of alcohol in our blood is what determines the legal limit which varies depending on your own country's or states laws.

In addition, we have also put some USA specific information for each state, showing the legal drink drive limit, information on open alcoholic drink container laws for both drivers and passengers, information relating the possible suspension of your driving license and forfeiture of your vehicle.

You can actually get kits for your saliva, urine or breath which can be used when leaving a bar before you get into your car and risk yours and other peoples lives.

They are usually digital breath testing kits which are perfectly suitable for use in any workplace, home and personal use and are also used by parents to test if there children have been drinking under age if they can smell alcohol on them or if they are acting strange and resemble an intoxicated state.

By using a DUI personal test kit which will measure the alcohol in your body and tell you if you are legally allowed to drive is a very good way of keeping safe after you have had a drink and want to drive home or drive somewhere else.

These type of kits are exactly the same as the ones the police of highway patrol and traffic offices will test you with so its always best to check yourself personally with a kit and not wait until the police pull you over and test you as you defiantly do not want to face a DUI prosecution case.

Written by and Copyright Colorado DUI

Judge gets special DUI treatment

Tuesday, January 6th 2009 at 2:15 pm

Imagine this, you're out drinking all night and you know you've had one too many, but you decide to hop in your car and drive home anyway. On your way you find a construction zone and start dangerously swerving through it. You then proceed to run head-on into a police car, destroying the car and injuring the police officer.

You then get out of your car and start yelling racist remarks at the police officer who arrests you for DUI. Your day in court arrives, and the judge doesn't send you to jail, doesn't fine you, and only required you to take a simple alcohol education program. After 1 year, your record is totally clean. Sound too good to be true? Not if you're a judge.

This happened to Judge E. Curtissa Cofield back in October. She was very drunk, ran into a police car and never took responsibility for her actions. The judge in her case, Judge William Bright Jr., obviously doesn't think driving while drunk and injuring an officer of the law is that serious of an offense. That, or this is a classic case of judges looking out for eachother. But when your job is to enforce the law, giving breaks like this to fellow judges does nothing but hurt the judicial system.

Cofield referred to a black state police sergeant who responded to the scene as "Negro Washington." Asked if she was suffering from an ailment, she said she had "Negro-itis".

What's worse is she is still a judge, and hasn't been suspended or even questioned about her DUI. And considering judges like to hand out long, tough sentences for DUI charges to regular citizens, it seems they like to play nice with eachother.

If you think I'm over-reacting, ask yourself this: What would your sentence be for driving drunk, running into a police car and injuring an officer of the law while yelling racist slurs as the police officer?

Written by and Copyright Colorado DUI

DUI court process

Tuesday, January 6th 2009 at 12:03 pm

When the time comes to go through a criminal prosecution for Driving Under the Influence it would be a very good asset if you had a crystal clear understanding of the DUI court process. If you know what is or might be heading your way during the process it will greatly reduce the amount of distress and possible sleepless nights depending on your personality and how you deal with certain challenges and obstacles that life throws at you.

If you do your research on the process it will help you relax and feel comfortable when fighting a tough DUI charge. Although each Court System in the United States of America varies from state to state its always good to know at least a little bit of on how the general DUI prosecution charge process is handled.

Below is a quick summary with information on basic areas of a DUI charge case.

Firstly it starts with the Arraignment which is is the first time on the trial that you attend Court and it is where you are formally told what exactly you have done and the charges that are being held against you.

In the most common cases of DUI you may already know what the charges are before you even have to actually attend the Courtroom. Although, there can sometimes be additional charges that you may be unaware of for example possible infractions for dangerous driving or additional criminal charges which the prosecution will file after your arrest for a DUI offense.

It then proceeds with what is called a Pre-Trial Hearing. This is a hearing which will take place in the Court room and formally in front of a Judge. The judges purpose is to make sure that no case gets wrongly dealt with, they make sure that the case is vigorously reviewed in a systematic law abiding way. This is where the Judge will want to know all the information about the case and they will ask you the two famous courtroom words which are if you are guilty or not guilty.

Then it moves onto what's called motions. Motions are written down legal documents which are arguments on why exactly evidence is in your favor, and why you actually have some space to move in the case for example your arguments on why it was possibly not your fault you where driving under the influence although you better have a good lawyer if you want to defend your self against such a claim.

We then move onto the trials. This is where the judge decides exactly what the decision is. This is followed by a conclusion so its good to be mentally prepared for the conclusion against you in a DUI prosecution case.

Written by and Copyright Colorado DUI

Police DUI checkpoints and laws

Monday, January 5th 2009 at 7:52 pm

Police DUI checkpoints are something that drivers should be aware of as we are seeing them more often. It is a systematic stop for vehicles this means the police can't use a checkpoint as a way of just stopping who they want. They can't in any way arbitrarily or just randomly stop a vehicle and pull it over in a checkpoint. It is a systematic stop in which everybody who goes through the checkpoint system's vehicle is stopped and obviously investigated with suspicion the driver has been driving under the influence of alcohol.

The traffic safety checkpoints are set up usually across busy cities where the police have convicted the most drivers who have been drinking alcohol. The emphasis of the checkpoints are to detect DUI violators which historically rise during the time of year near to the holiday season towards the end of the year for the Christmas period. When a driver is stopped at one of these DUI checkpoints, the driver will be asked politely for his or hers driver’s license, a valid proof of insurance for the car which they have been pulled over in and a current valid vehicle tag registration.

Police officers will usually be ready at both announced and unannounced locations around a city in what is a huge effort to reduce the horrific DUI related traffic accidents and fatalities which can cause a lot of knock on effects for the family's of those involved.

DUI roadblocks are actually temporary installations used by law enforcement agency's such as highway patrol officers and police officers to not only catch out the drivers who are under the influence of alcohol but to help to make the road a safer place to drive a car. This approach of policing the highway and the roads which citizens use as a way of getting from one location to the next was modeled off the back of the success of the roadside safety checks and license and the registration inspections which where very successful operations.

These checkpoints are usually set up late either at night or very early in the morning, which is actually when the highest percentage of drunk drivers is on the road usually traveling back from a party or some sort of social event where they have been consuming alcoholic beverages.

Written by and Copyright Colorado DUI

How DUI school can help turn your life around

Monday, January 5th 2009 at 1:08 pm

If you're convicted of an offense involving driving a vehicle whilst under the influence of alcohol you do have the opportunity of attending a rehabilitation course. Completion of this course which depending on what country or state you offended in can lead to different options, in most cases it can not just offer you a reduction of up to a quarter of the period of disqualification it can actually help you get your life sorted out.

Being convicted of the crime of DUI can be a shamefully bad thing for most people convicted, sometimes it can even course you to loose your job and can sometimes end up with family domestic issues as well as insurance fee's going up or even being refused car insurance.

The rehabilitation course is not intended to punish the person further, it is simply a way of helping them. You will already have possibly been disqualified and probably fined for your offence. The purpose mainly of the DUI schools is to teach the person about the effects of alcohol consumption and the dangers of driving whilst under the influence.

Usually again depending on where the DUI school is depending on country or American state the topics and range of issues will be covered, including information about alcohol and its effect on the body as well as the effect of alcohol consumption on performance of driving and particularly driving behavior.

The content of courses run by different organizations may vary but is likely to involve talking sessions known as group discussion as well as role play situations and most likely assessments of personal drinking habits and sometimes presentations by ex-alcoholics, policemen, lawyers or doctors.

Written by and Copyright Colorado DUI