The Denver Law Office of Douglas Richards provides it’s clients with an extremely aggressive defense of their Denver DUI Defense case. With experience as a federal and a state prosecutor DUI Attorney Douglas Richards puts this experience to work for you!
The Denver Post is reporting that Douglas County Sheriff’s Deputies made a shocking DUI arrest on Monday.
Concerned motorists reported the erratic driving behavior of a Colorado State Trooper who was in his marked police cruiser. Douglas County Sheriff’s Deputies intercepted the vehicle, made a traffic stop, and identified the driver as David Dolan, a 21-year veteran of the Colorado State Patrol. Dolan, 49, was in uniform at the time of the arrest.
Trooper Dolan was taken to the police station where he provided a breath sample of .194—more than twice the legal limit in the state of Colorado.
Dolan was charged with driving under the influence, and prohibited use of weapons. He was released on bond, and a hearing is set for this coming Monday.
Dolan did not hire an attorney from 5280defense.com.
The following is from the Colorado Department of Revenue – Division of Motor Vehicles:
Repeat alcohol offenders are required to have an ignition interlock device installed on their vehicle(s) before they can reinstate their driving privileges. Reinstated licenses are restricted to the use of vehicles equipped with an approved ignition interlock device for a period of at least one year.
You will be required to have an approved ignition interlock device if:
- Your license was revoked because of convictions for two alcohol-related driving offenses in five years.
- Your license was revoked because of convictions for three alcohol-related driving offenses in your lifetime.
- Your license was revoked because of your being designated an Habitual Traffic Offender and at least one of your underlying convictions was for an alcohol-related driving offense.
- Your last offense occurred after 07/01/2000
- Your blood alcohol level at the time of being stopped by a law enforcement officer was 0.17 or more. (For all stops after 01/01/2007.)
Drivers who fall into this category will be allowed to reinstate only with a restricted license that limits their driving to vehicles with an approved ignition interlock device.
Interlock paperwork can be faxed to 303-205-5625.
Colorado has contracted with the following four Interlock providers. Please contact one of them for further information. The restricted driver is responsible for all of the costs of the Ignition Interlock Device.
Interlock Providers:Smart Start, Inc. 1-800-880-3394 Westminster, CO 80030
National Interlock Services Ltd. 1-800-475-5490 Aurora, CO 80011
Guardian Interlock Systems 1-800-499-0994 Denver, CO 80022
Draeger Safety Diagnostics, Inc. 1-800-332-6858 Denver CO 80216
The law in Colorado is very strict for underage drinking. If you are under 21 and drive after drinking, you may face very severe penalties.
If you are under 21 and are convicted of a drunk driving offense, your license will be revoked for not less than one year.
If you are under 21 and your BAC is 0.02 or above, then your license will be revoked for:
- Three months for first offense;
- Six months for second offense;
- One year for third or subsequent offense.
If you have provided a sample of your breath or blood and your BAC is over 0.08, then your drivers license will be revoked for:
- 9 months for first violation;
- 1 year for second violation;
- 2 years for third or subsequent violation.
You will be able to apply for a reinstatement after 30 days. However, you will need an ignition interlock for the remaining 8 months (2 years if you were 0.17 or above).
On your second offense, the license revocation is one year, and the ignition interlock will be required for two years after the reinstatement.
On a third or subsequent offense, the revocation is two-years.
What is an ignition interlock?
Your drivers license will be revoked for not less than one year if you are convicted of:
- Vehicular homicide;
- Vehicular assault;
- Criminally negligent homicide;
- Driving a motor vehicle under influence of a controlled substance;
- Driving under the influence / Driving while impaired / Driving with excessive alcoholic content;
- Any felony in which a motor vehicle was used;
- Failing to stop and render aid;
- Perjury or false affidavit or statement under oath under any law relating to the ownership or operation of a motor vehicle;
- Reckless driving three times in the last two years;
- Two drunk driving convictions in the last five years.
If you are arrested for drunk driving the police officer will confiscate your drivers license and provide you a temporary permit. The officer will then send the state a report consisting of your license and an affidavit they’ve written of the facts surrounding your arrest.
If you want to fight the revocation of your drivers license, you must request a hearing within 7 days of receiving the notice. If you fail to request a hearing in that time it is waived officer’s affidavit becomes final.
At the hearing, you have the right to subpoena the officer to testify. This can be an excellent opportunity to “preview” what the officer will testify to at trial.
The judge at the hearing considers law enforcement officer’s testimony, reports written by the officer, affidavits of other persons, and any other relevant documents needed to aid in the decision. Facts determined at hearing are independent of a court where the underlying criminal charge arise.
The standard of proof is preponderance of evidence.
Adverse decisions may be appealed within 30 days to a district court. If you are later acquitted of the charge, your license will immediately be reinstated.
“Driving is a privilege, not a right”
But let’s face it: In Colorado, a car is critical. Our public transportation system is one of the best in the country, but it is no match for the convenience and ease of having your own vehicle.
If you are suspected of drunk driving, you will be asked to perform field sobriety tests and provide a sample of your breath or blood. If the officer determines that you are intoxicated, you will be arrested. Your court case will begin where you will fight for your freedom. In addition, you will need to have a separate fight at a hearing to continue driving.
If you are later convicted of certain crimes, your license will also be suspended or revoked.
Under Colorado’s expressed consent law, you have the right to demand a blood test if you are suspected of driving drunk. You absolutely have the right to refuse to provide a sample of your breath or blood.
In certain limited situations, the police may obtain a sample of your blood without your consent and may even physically restrain you for these purposes:
If you are a suspect in a criminally negligent homicide, vehicular homicide, assault in the third degree or vehicular assault.
If the officer obtains a search warrant by articulating probable cause to a judge. This is treated exactly like a search warrant for a home, except that now the enclosed space to be searched is your body.
The Intoxilyzer 5000 works on the theory of infrared absorption. The machine has a light bulb positioned at one end of a breath capture cylinder. There are filter wheels at the other end of the cylinder and on the other side of these filter wheels is a light receiver.
A person suspected of or under arrest for DUI will blow into a breath tube which leads to a breath chamber cylinder. The machine shines a light through this cylinder and the filter wheels will be spinning on the other end of the breath tube chamber. The infrared light causes the alcohol molecules to “vibrate” or “absorb” light at a particular frequency. The filter wheels are designed to filter out potential contaminants.
The amount of the breath sample and any reading of alcohol are very minute. The machine must make a multiplication conversion to an amount great enough for us to understand. The difference in light emitted and received is computed through a computer program in the machine to come up a value that can be compared to a .08. The conversion the machine makes on the differences in light would be the equivalent of taking the paper towel tube and increasing its size to that of a 55 gallon drum! Any error would then be exaggerated by that amount.