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Tag Archives: driving under the influence

Felony DUI Law Coming to Colorado?

Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony.  A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole.  The ... Read More »

The Tennessee Drug-Free Workplace Program and Drunk Driving

52.6 million American adults are binge[1] drinkers—more than Tanzania’s entire population, an East African country, of 49,639,138.[2] These binge drinkers are not simply unemployed town drunks—42.1 million work either full or part time.[3] However, alcohol is not the only abused substance affecting Americans; illicit drug use has contributed to approximately 23.9 unprescribed drug users in the United States—9.4 million are employed adults.[4] Substance abuse also contributes to approximately 30 million Americans who are driving under the influence of alcohol each ... Read More »

Avoiding a DUI – Guaranteed

  Holidays are a time for family, fellowship, and festivities.  However, take precautionary measures if your holiday celebrations include alcohol. Many sober and safe ride services are available during holidays to limit the amount of intoxicated drivers and maintain safe roads.  The National Highway Traffic Safety Administration (NHTSA) has compiled a list of designated driver services across the country, some of which conveniently return you, and your vehicle, back home. [1]  Other services and programs offer designated drivers, scheduled pick-ups, ... Read More »

Colorado DUI Case on it’s way to the U.S. Supreme Court

Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a District Court judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states have also filed a petition asking the U.S. Supreme Court to pick up the case. If the high court takes up the case, their decision will have national ... Read More »

ABA Opinion Allows Lawyers to Investigate Juror’s Facebook and Social Media Pages

According to American Bar Association Formal Opinion 466, issued April 24, 2014, trial lawyers may review the social media sites of jurors selected for jury service in their trials.  This might be done for two reasons; first to determine if a juror is a good candidate for a particular trial, and second, to determine if a juror has, during the trial, violated an order of the court by posting anything inappropriate about the trial. The ABA opinion decided to tackle ... Read More »

How a DUI/DWI Will Impact Your Travel Plans to Canada

Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »

Massachusetts Implied Consent

Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law. You have every ... Read More »


IID stands for ignition interlock device and is defined as a handheld breath-alcohol monitoring device that is electronically connected to your vehicle’s ignition. Before starting your vehicle, the IID requires you to take and pass a breath test. If the device detects alcohol, the vehicle will not start. It also requires you to take re-tests while you are operating the vehicle. In Pennsylvania, IID’s are currently required for those who plead guilty or are convicted of a second or subsequent ... Read More »

The Unseen Risks of “One for the Road”

One evening at a restaurant, Martha shares a bottle of wine with a friend.  She nurses one glass over a one-hour dinner.  Nearing the end, another glass is poured from the bottle and she finishes this.  The two friends then order an after-dinner drink.  Noting the time, Martha quickly finishes the drink and leaves.  She is stopped by the police one block from the restaurant.  After questioning and field sobriety tests, she is taken to a police station and tested on a breathalyzer.  The machine shows ... Read More »

The Uber Effect

The Uber Effect – Safety May Be Just One Click Away Launched in 2009, Uber has transformed travel habits through its popular and efficient system of matching potential passengers to Uber drivers and instantaneous wireless payments.  By virtue of Uber’s app or website,[1] individuals may personalize their means of transportation by price and vehicle type.  Expanding to over 200 cities world-wide, Uber has become a viable travel alternative for many. [2] Uber’s success derives from its claim of economic efficiency, ... Read More »