Governor Hickenlooper just signed Senate Bill 17-027 on June 1, 2017. This law increases the penalties for texting while driving, however it appears that the elements required to prove a violation have also increased. CRS 42-4-239 provides that a person under 18 years of age is prohibited from using a…
A recent Colorado Court of Appeals case involving Kilo the drug sniffing dog held that a dog’s alert alone does not establish the Probable Cause necessary to conduct the search of a vehicle occupied by individuals 21 years of age or older. Under Amendment 64 of the Colorado Constitution, it…
Colorado law requires all people arrested for any Felony offense to submit a DNA sample in relation to arrests on or after September 20, 2010. Felony offenses include those charged by complaint, information, and indictment. It even includes those not arrested who appear in court on a summons. The law…
What are the requirements? Well that depends. Adult drivers age 21 and up who have been stopped for a DUI or DWAI offense in Colorado and have either submitted a chemical test of their blood or breath at .08 or higher, or, have refused a chemical test are subject to…
Governor Herbert in Utah just signed a bill to lower Utah’s BAC threshold for DUI offenses from .08 to .05. Utah will be the first state to lower their BAC to this level when the law takes effect in 2018. It’s noteworthy that Utah was also the first state to…
As of August 10, 2016, Colorado criminal defendants who have had their cases completely dismissed can go through a quick, streamlined, and simple process to seal their criminal records pursuant to CRS 24-72-702.5. Dismissals under this statute relate to not only outright dismissals but also acquittals (not guilty at trial),…
Colorado law mandates that ignition interlock drivers are required to extend their ignition interlock lease agreements by a period of 12 months when it is reported by their ignition interlock provider that the ignition interlock device has prevented the operation of a motor vehicle in 3 of 12 consecutive reporting…
The burden of proof at an Express Consent Revocation Hearing in a Colorado DUI case is a preponderance of the evidence. In order to sustain a refusal revocation, the police must show that the respondent was driving or in actual physical control of a motor vehicle (a commercial vehicle also…
Colorado statute 18-1.3-204 provides that medical Marijuana users shall not be prohibited from possessing or using medical Marijuana while on probation. It appears that this is welcome news for medical Marijuana users. However, a closer look at the statute reflects two major exceptions to this groundbreaking law. One of the…
Colorado’s Felony DUI law is relatively new and went into effect on August 5, 2015. In Colorado, driving under the influence (DUI), driving under the influence per se (DUI per se) and driving while ability impaired (DWAI) offenses are misdemeanors. However, under the new law, a fourth offense (of DUI,…