DUI Advice

Recognizing a Drunk Driver

May 11 in DUI Advice by admin | No Comments

Hello Everyone,
On this site, we typically mostly list different legal issues pertaining to DUIs, as this site is primarily dedicated to guiding the accused through the complex legal battles that surround receiving a DUI conviction.  However,w e do little to discuss how to tell if another driver on the road is potentially intoxicated.  While getting a DUI ticket may be life changing, being the victim of DUI-related violence is even more terrible.  It is our duty as citizens to report drivers who may be intoxicated to the police.  But how do we tell if another driver really is under the influence?  We can do so by using the same clues that the police do.  If you suspect that someone with whom you are sharing the road may be under the influence, here are a few things to check for:
1) Changes in Speed: Someone who rapidly slows down and speeds up quickly might not be okay to drive.  These drivers will also vary in how far they are from other cars.  Typically not staying the correct distance from other drivers, they will speed up and tailgate the person in front of them and then slow down to get far enough behind the other cars.
2) Swerving: This is the classic sign of drivers who may be intoxicated.  If a car that you are sharing the road with is moving in and out of their lane rapidly and will nearly hit the curb and then weave into the other lane, chances are they should not be on the road.  They might also be driving down the middle of the lanes, or delaying their start from lights.
If you see anyone who is displaying behavior that leads you to believe that they might be intoxicated, you should call the police, and report the make, model, color, and plate number of the car.  Keep yourself and your roads safe!  If you think that you see someone who deserves to get a Colorado Springs DUI ticket, then do not feel guilty about calling them in to the police.  We all need to take responsibility for our actions; the first step is to be sure that you are accountable for yourself, and get into your car only when you are safe to drive.  Otherwise, someone else could call you in!  Thanks for reading.  Next time we will go back to covering the legal issues surrounding DUI convictions.

 

Resources: Colorado Springs DUI Lawyer

The Difference between Misdemeanor DUIs and Felonies

May 9 in DUI Advice by admin | No Comments

Hello Everyone,
Today we are going to discuss the differences between a felony DUI charge and a misdemeanor DUI charge.  In most cases, a Colorado Springs DUI, especially if it is your first one, is charged as a misdemeanor.  However, there are certain reasons as to why some DUIs are tried as felonies.
A felony DUI charge usually results from having previous DUIs on your record.  You could also be arrested for a felony DUI if you have a blood alcohol level of more than .08.  Other cases in which you may be charged with a felony DUI are more serious; if you arrested at the scene of the accident in which the other party is seriously injured or dead. You could also be charged with a felony DUI if you have previous convictions on your record for killing or injuring someone as the result of a DUI accident.  These are very serious crimes and typically result in significant jail time, an extensive period of having your license revoked, and much heavier fines than those associated with a misdemeanor DUI conviction.  Moreover, the period of probation is much longer than that associated with a first offense DUI, and you will probably be asked to partake in extensive DUI education programs.  If you are being tried for a felony DUI, you should immediately call a Colorado Springs DUI lawyer for help in your case.
A misdemeanor DUI is a serious, albeit less grave, offense.  There is a period of license suspension associated with this offense, and a series of fines and court fees.  You will be asked to do community service, and attend some alcohol education classes.  If you are placed on probation, it is likely that you will have to submit  to alcohol and drug testing at times randomly selected by your probation officer.  Remember that if you have any other questions, you should immediately consult your local Colorado Springs DUI attorney for assistance.

DUI Defenses That Work

May 5 in DUI Advice, DUI Attorneys by admin | No Comments

Before facing a DUI charge in court, it is important that you know what your defense options are and that you discuss these options thoroughly with the DUI attorney Colorado Springs provides you with. Knowing what sorts of defenses have worked with DUI cases in the past and taking advantage of those defenses can help increase your chances of success during your DUI court proceedings.

It might seem silly, but one defense that’s been used in the past is the “I wasn’t actually driving” defense. In most cases, the prosecution must prove that the defendant was actually in operation of his or her vehicle at the time that law enforcement stopped the vehicle. In the past, defendants have argued their case on technicalities using this defense and actually come out on top. However, it’s generally not the best DUI defense.

A few of the other defenses that your DUI attorney Colorado Springs might advise you to use are defenses that are often used in a number of other types of cases. The first is a lack of probable cause. If the officer who pulled you over did not have probable cause to do so, then the traffic stop and ensuing arrest might be considered unlawful. Along with probable cause, if the officer who arrested you did not properly read off your Miranda rights (the right to remain silent, etc.), your case may be qualified for dismissal.

These are only a few of the most commonly used DUI defenses available to you if you’re ever caught in a DUI trial. Your Colorado Springs DUI attorney should be able to help you decide on the defense that will give you the best chances of coming out of the proceedings with the best results possible.

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Recovering From a DUI: Part II

May 3 in DUI Advice by admin | No Comments

At the end of our last post, we promised that we would cover getting a Colorado Springs DUI expunged from one’s record.  In that previous post, we determined that it is vital to your post-DUI life to complete your parole, community service, etc. quickly and well so that you can go on with your life.  One of the best rewards for doing all of that is that you may be able to have it taken off your record.  Getting a DUI certainly won’t end your life as you know it, but it will adversely effect almost all parts of your life for a long time, especially because of the stigma attached to a DUI conviction.  Getting an expungement means that your DUI will be sealed from the public; if anyone does a background check on you, the DUI won’t be seen.  On paper, this means that the DUI will have never happened.  Not only will it appear that you have never had a criminal conviction, you will also be able to state, in job interviews, etc. that you have never been convicted of a crime.
It is important to note that, while the DUI may ‘disappear’, it still functions as your first offense if you commit another one.  In other words, if you receive a second DUI, it will still count as your second DUI, not your first.
The first step in getting your DUI expunged from your record is to determine whether or not you are eligible for the process.  In most states, the following three requirements are the baseline qualifiers for expungement: 1) You did not serve any prison time, 2) you completed all parts of your probation, 3) And it is your only conviction on the record.
As always, remember that if you have any more questions about your DUI, please ask your Colorado Springs Criminal Defense Attorney or another legal professional.
Thanks for reading!

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Recovering from a DUI: What to do Afterward

April 28 in DUI Advice by admin | No Comments

Hello Everyone,
We spend a good deal of time on this Colorado Springs DUI blog discussing the legal issues surrounding a DUI, options for services that assist to prevent drunk driving, and the legal and economic ramifications for getting a DUI.  However, we do not often discuss how to best handle these ramifications.  Hopefully, your Colorado Springs DUI attorney will have gotten some to the harsher penalties for getting a DUI off the table, but you still have a long road of fines, parole, and community service ahead of you.  It is important to your record and to your pocketbook that you do everything correctly and by the books.  If you do, it is possible that your sentence will get reduced.  At the very least, having a good relationship with your parole officer means that you will redeem yourself in the eyes of the system, making your record for having a DUI conviction not as terrible as you might think.
Probation is most likely part of your DUI conviction.  Your probation probably includes some measures to ensure that you do not commit the same offense again.  In a nationwide survey of DUI law, the most common probationary measures are: revocation or limitations on your driver’s license and alcohol monitoring of some kind.  You may have to attend alcohol or drug counseling at some point, or submit to randomized drug tests.  Be sure to ask your Colorado Springs DUI lawyer what the most common probationary restrictions might be for a case similar to your own.
One of the most important reasons to behave exceedingly well during your DUI probationary period is that you may be able to have your DUI expunged from your record.  Be sure to stay tuned for how to get your DUI expunged in the next few days.
As always, please remember to consult your Colorado Springs Criminal Defense Attorney with any questions you might have.

In other news, this is a great site that has tons of advice from lawyers and how-to articles.

Are DUI Checkpoints Legal?

April 26 in Colorado Springs News, DUI Advice, DUI Attorneys by admin | No Comments

Yes, it turns out that they are.  Moreover, while many folks have been unsettled by the idea that these checkpoints might violate fourth amendment rights, there are a number of reasons why they do not.

Recently there have been a number of questions about whether or not DUI & DWI checkpoints violate our fourth amendment rights.  It is mandated by law that these checkpoints are made public knowledge far a head of time.  Moreover, these checkpoints must have a reason to be located at their position (a large number of accidents, DUI tickets issued, etc.) In short, the law ensures that these checkpoints do not violate the fourth amendment by ensuring that they are justifiable.  On a local level, most Colorado Springs DUI checkpoints are loudly and clearly displayed in advance and are located at busy intersections.  The public is always given advance notice of the checkpoint and, which the spread of smart phones, they can all be found on various DUI and DWI apps.
Colorado Springs DUI attorneys are busy ensuring that the rights of Colorado citizens are not under attack simply because DUI checkpoints are in place.  While DUIs and drunk driving law are founded in good intentions to make our streets safer, it is possible that a DUI checkpoint could violate our fourth amendment rights.
The police need to provide, in advance, justification for the occasion and placement of the checkpoint.  This means that checkpoints are usually set up during times when people are likely to be driving drunk; after sporting games, on major holidays, etc. and need to be set up at places that are statistically proven to be a high risk location for DUI accidents and injuries.
This means that the checkpoints are justifiable because they minimize the number of accidents that might take place on that intersection in a given evening.
Any other questions in DUIs and their fourth amendment justification?  Feel free to contact your Colorado Springs criminal defense attorney for any other questions.

Choosing the Right DUI Attorney

April 26 in DUI Advice, DUI Attorneys by admin | No Comments

Going to trial for a DUI charge is unlike going to trial for any other offense. There is a very negative social stigma surrounding DUI for a very good reason. However, this social stigma creates a bias against DUI defendants, which often makes them look guilty before they even have a chance to defend themselves. This is why the most important part of any DUI proceedings is to first hire the best DUI attorney Colorado Springs has to offer. The following are a few tips we’d like to share on what to look for in a DUI attorney and why we strongly, strongly advise against trying to represent yourself.

As with any type of attorney, a DUI attorney specializes in the ins and outs of DUI law, and therefore will know far more than anyone charged with a DUI offense (unless, perhaps, they’ve gone through the process more than a few times…). A DUI attorney will be able to work out the proper strategy for each specific case that comes to them, some of which might be tricky for anyone unfamiliar with DUI law. For instance, a Colorado Springs DUI attorney should be able to go over the chronology of your arrest and detainment and find any misconduct committed by law enforcement officials.

Not every DUI attorney is as expert at developing defense strategies and finding holes in the prosecution’s case, so research is key to finding the best that Colorado Springs has to offer. Online resources are perhaps the best place to start, with websites like Avvo offering attorney directories and attorney reviews from real current and past clients. If you know anybody who has gone through DUI proceedings, it would also be advisable to talk to them about their experience with their Colorado Springs DUI attorney.

In the end, the best advice we can give is to find a DUI attorney who has been practicing DUI law exclusively for at least a few years. And if you are thinking about defending yourself, you should really consider whether you want to risk your freedom and reputation instead of spending the extra money to ensure that you have the best representation available and the best chance to come out of your DUI proceedings on top.

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