DUI and DWI Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/dui-and-dwi/ Criminal Defense & Personal Injury Lawyers Tue, 22 Oct 2024 16:21:40 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.thebusseylawfirm.com/wp-content/uploads/2023/11/cropped-Bussey-Law-Firm-Favicon-32x32.jpg DUI and DWI Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/dui-and-dwi/ 32 32 The Consequences of a Colorado Springs, CO DUI Conviction https://www.thebusseylawfirm.com/the-consequences-of-a-colorado-springs-co-dui-conviction/ Tue, 30 Jan 2024 02:00:33 +0000 https://www.thebusseylawfirm.com/?p=3240 Driving under the influence (DUI) is a serious offense with severe consequences, and a conviction can have a lasting impact on various aspects of an individual’s life. In Colorado Springs, CO, where strict laws and regulations are in place to deter drunk driving, the repercussions of a DUI conviction are particularly significant. On this page, [...]

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Driving under the influence (DUI) is a serious offense with severe consequences, and a conviction can have a lasting impact on various aspects of an individual’s life. In Colorado Springs, CO, where strict laws and regulations are in place to deter drunk driving, the repercussions of a DUI conviction are particularly significant. On this page, we will explore the legal, financial, and personal consequences that individuals may face when convicted of a DUI in Colorado Springs.The Consequences of a Colorado Springs CO DUI Conviction

Legal Consequences

One of the most immediate and apparent consequences of a DUI conviction in Colorado Springs is the legal aftermath. Colorado has strict DUI laws, and penalties increase with the number of offenses. A first-time DUI offender may face fines, mandatory alcohol education programs, community service, probation, and even a possible jail sentence. Subsequent convictions result in more severe consequences, including longer jail terms and more substantial fines.

A DUI conviction can lead to the suspension or revocation of the offender’s driver’s license. This can significantly impact an individual’s ability to commute to work, fulfill family obligations, and engage in everyday activities. In some cases, individuals may be required to install an ignition interlock device in their vehicles, further complicating their daily lives.

Financial Consequences

A DUI conviction can also have significant financial implications. Fines and court fees associated with DUI cases can add up quickly, placing a substantial burden on the offender. Additionally, the cost of legal representation, mandatory alcohol education programs, and potential restitution to victims can contribute to the financial strain.

Auto insurance premiums are likely to skyrocket after a DUI conviction, as insurers view individuals with such convictions as high-risk clients. This increase in insurance costs can last for several years, leading to long-term financial repercussions.

Professional and Personal Consequences

A DUI conviction can have far-reaching effects on an individual’s personal and professional life. Many employers conduct background checks, and a DUI conviction may jeopardize current employment or hinder future career opportunities. Certain professions, such as those requiring driving or involving public safety, may be particularly affected.

The social stigma associated with a DUI conviction can strain personal relationships. Friends and family may view the offender differently, and the emotional toll of the legal process can lead to increased stress and strained relationships.

Long-term Impact on Your Record

A DUI conviction creates a permanent mark on an individual’s criminal record. This can impact various aspects of life, including housing applications, loan approvals, and even immigration status. Individuals with a DUI conviction may find it challenging to rebuild their lives, as the record can follow them for an extended period.

The consequences of a DUI conviction in Colorado Springs extend beyond the legal penalties. The financial, personal, and long-term repercussions can be severe and affect various aspects of an individual’s life. To navigate the challenges associated with a DUI charge, seeking legal representation, attending mandatory programs, and taking steps to address alcohol-related issues are crucial. Ultimately, understanding and learning from the consequences of a DUI conviction can help individuals make better choices and avoid future legal troubles.

How can The Bussey Law Firm help you on DUI cases in Colorado Springs, CO

At The Bussey Law Firm, we understand the gravity of DUI charges in Colorado Springs, CO, and the significant impact they can have on your life. Our experienced legal team is dedicated to providing comprehensive assistance to individuals facing DUI charges, ensuring that their rights are protected and that they receive the best possible outcome. Here’s how The Bussey Law Firm can help you navigate the complexities of DUI cases in Colorado Springs.

Experienced Legal Representation

Our firm boasts a team of skilled and knowledgeable DUI defense attorneys who focus on Colorado’s DUI laws. We are well-versed in the intricacies of local regulations and have a proven track record of successfully representing clients facing DUI charges. From challenging evidence to negotiating with prosecutors, our legal attorneys employ strategic defense tactics to build a robust case tailored to your unique situation.

Case Evaluation and Strategic Planning

Every DUI case is unique, and at The Bussey Law Firm, we recognize the importance of a tailored approach. We begin by thoroughly evaluating the details of your case, identifying any potential legal loopholes, and crafting a strategic defense plan. This meticulous process allows us to provide you with a clear understanding of your legal standing and potential outcomes.

Minimizing Legal Consequences

Our primary goal is to minimize the legal consequences associated with DUI charges. We strive to reduce fines, negotiate for reduced or alternative sentencing, and work towards mitigating the impact on your driving record and license. Our experienced Colorado Springs DUI defense lawyers are adept at navigating the legal system to achieve the best possible outcome for our clients.

Protecting Your Rights

The Bussey Law Firm is committed to upholding your rights throughout the legal process. From the initial arrest to court proceedings, we ensure that law enforcement adheres to proper procedures and that your constitutional rights are not violated. This commitment is crucial in building a strong defense and ensuring a fair and just resolution to your case.

Comprehensive Legal Guidance

Facing a DUI charge can be overwhelming, but our firm is here to guide you through every step of the legal process. We provide clear and concise explanations of the charges you are facing, the potential consequences, and the options available to you. This transparency empowers you to make informed decisions about your case.

If you find yourself facing DUI charges in Colorado Springs, CO, The Bussey Law Firm is here to provide the experienced legal representation you need. Our team of dedicated attorneys is committed to protecting your rights, minimizing legal consequences, and guiding you through the complexities of the legal system. With The Bussey Law Firm by your side, you can trust that you have a strong advocate fighting for the best possible outcome in your DUI case.

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How to Choose the Right DUI Attorney in Teller County, CO https://www.thebusseylawfirm.com/how-to-choose-the-right-dui-attorney-in-teller-county-co/ Thu, 11 Jan 2024 02:00:44 +0000 https://www.thebusseylawfirm.com/?p=3173 Facing a DUI charge in Teller County, Colorado, can be a daunting and overwhelming experience. The consequences of a DUI conviction are severe, including fines, license suspension, and potential imprisonment. One crucial step in defending yourself against these charges is selecting the right DUI attorney to guide you through the legal process. On this page, [...]

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Facing a DUI charge in Teller County, Colorado, can be a daunting and overwhelming experience. The consequences of a DUI conviction are severe, including fines, license suspension, and potential imprisonment. One crucial step in defending yourself against these charges is selecting the right DUI attorney to guide you through the legal process. On this page, we will explore key factors to consider when choosing the right DUI attorney in Teller County.How to Choose the Right DUI Attorney in Teller County CO

Experience

When it comes to DUI cases, experience matters. Look for an attorney who focus on DUI defense and has a proven track record of successfully handling cases similar to yours. An experienced DUI attorney will be familiar with local laws, court procedures, and the intricacies of DUI cases in Teller County. Consider the number of years the attorney has been practicing and their success rate in DUI defense.

Local Knowledge

Teller County has its own unique legal landscape, and hiring an attorney familiar with the local courts and legal community can be advantageous. Local knowledge can provide insights into the specific practices of Teller County judges and prosecutors, potentially influencing the outcome of your case. An attorney with local connections may be better equipped to navigate the intricacies of the Teller County legal system.

Reputation

Research the reputation of potential DUI attorneys in Teller County. Online reviews, testimonials, and references from friends or family can offer valuable insights into an attorney’s reputation and effectiveness. Look for an attorney with positive reviews related to DUI cases, as this indicates a level of trust and satisfaction among previous clients.

Communication Skills

Effective communication is crucial in any legal case. Choose an attorney who can explain complex legal concepts in a way that you can understand. During your initial consultation, assess how well the attorney listens to your concerns and whether they provide clear and concise information. Effective communication between you and your attorney is essential for building a strong defense strategy.

Legal Fees and Transparency

Discuss legal fees upfront to avoid any surprises later in the process. Different attorneys may have varying fee structures, such as hourly rates or flat fees. Make sure to clarify what services are covered under the agreed-upon fee. A transparent attorney will provide a clear understanding of the costs involved and any additional expenses that may arise during the legal process.

Availability and Accessibility

DUI cases often come with tight deadlines and court appearances. Ensure that the attorney you choose has the availability to handle your case promptly. Accessibility is also crucial; an attorney who promptly returns your calls and emails demonstrates a commitment to your case and ensures that you remain informed throughout the legal process.

Choosing the right DUI defense attorney in Teller County is a critical step in navigating the legal challenges that come with a DUI charge. By considering factors such as specialization, experience, local knowledge, reputation, communication skills, and transparency, you can make an informed decision that maximizes your chances of a favorable outcome. Take the time to research and consult with potential attorneys to find the one who best fits your needs and circumstances. Remember, your choice of attorney can significantly impact the trajectory of your DUI case and its ultimate resolution.

How can The Bussey Law Firm help you on DUI cases in Teller County, CO

Welcome to The Bussey Law Firm, where we understand the challenges individuals face when dealing with DUI charges in Teller County, Colorado. Our team is dedicated to providing comprehensive and effective legal representation to help you navigate through this difficult time.

Experience

At The Bussey Law Firm, we focus on DUI defense, ensuring that our team has in-depth knowledge and experience in handling cases similar to yours. With years of experience specifically in Teller County, we are well-versed in the local laws, court procedures, and the nuances of DUI cases in this jurisdiction.

Local Insight

Our firm takes pride in its local connections and understanding of the Teller County legal community. This local insight is invaluable when strategizing and presenting your case. We leverage our familiarity with local judges, prosecutors, and court proceedings to provide you with a strategic advantage.

Proven Track Record

The Bussey Law Firm has a proven track record of successfully defending clients against DUI charges in Teller County. Our commitment to excellence and dedication to each case have resulted in positive outcomes for numerous clients. You can trust that our team will work tirelessly to achieve the best possible results for your situation.

Transparent Communication

Communication is key in any legal matter, and at The Bussey Law Firm, we prioritize transparent and effective communication. We take the time to listen to your concerns, explain legal concepts in a clear manner, and keep you informed throughout every step of the legal process. Your understanding of your case is crucial to building a strong defense strategy.

Tailored Defense Strategies

We recognize that every DUI case is unique, and we approach each one with a customized defense strategy. Our Teller County defense lawyers meticulously analyze the details of your case, identify strengths and weaknesses, and develop a defense plan tailored to your specific circumstances. This personalized approach increases the likelihood of a favorable outcome.

Accessible and Responsive

The Bussey Law Firm understands the urgency often associated with DUI cases. Our attorneys are accessible and responsive, ensuring that we address your concerns promptly. We prioritize your case, providing the attention and support needed to guide you through the legal process with confidence.

Comprehensive Legal Support

From the initial consultation to courtroom representation, The Bussey Law Firm offers comprehensive legal support. We handle all aspects of your DUI case, including gathering evidence, negotiating with prosecutors, and representing you in court. Our goal is to alleviate the stress and uncertainty associated with DUI charges by providing experienced guidance and advocacy.

Choosing The Bussey Law Firm means choosing a dedicated team of professionals committed to securing the best possible outcome for your DUI case in Teller County. Trust us to protect your rights, advocate on your behalf, and work tirelessly to achieve a favorable resolution. Your future is important, and we are here to help you navigate through the legal challenges you are facing.

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Can You Refuse a DUI Test in Fremont County, CO? https://www.thebusseylawfirm.com/can-you-refuse-a-dui-test-in-fremont-county-co/ Fri, 05 Jan 2024 02:00:46 +0000 https://www.thebusseylawfirm.com/?p=3150 Driving Under the Influence (DUI) charges can have serious implications for individuals in Fremont County, Colorado. When faced with a potential DUI arrest, it’s crucial to be aware of your rights, including whether you can refuse a DUI test and the associated requirements. The Bussey Law Firm, P.C. is here to shed light on this [...]

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Driving Under the Influence (DUI) charges can have serious implications for individuals in Fremont County, Colorado. When faced with a potential DUI arrest, it’s crucial to be aware of your rights, including whether you can refuse a DUI test and the associated requirements. The Bussey Law Firm, P.C. is here to shed light on this matter and provide valuable insights into the legal landscape surrounding DUI tests in Fremont County.

Understanding DUI Tests and Implied Consent LawsCan You Refuse a DUI Test in Fremont County, CO?

In Fremont County, like in many other jurisdictions, law enforcement relies on various tests to determine if a driver is under the influence of alcohol or drugs. These tests can include breath tests, blood tests, and field sobriety tests. It’s important to note that Colorado operates under implied consent laws, meaning that by obtaining a driver’s license, individuals are considered to have given their consent to such tests when suspected of DUI.

Refusing a DUI Test

While individuals may wonder if they have the right to refuse a DUI test, doing so can come with severe consequences. In Fremont County, refusing a DUI test can result in immediate consequences, such as an automatic suspension of your driver’s license. The duration of the suspension may vary, but it typically lasts longer than the suspension for a failed DUI test.

Additionally, refusing a DUI test may not prevent legal actions against you. Prosecutors can use your refusal as evidence in court, potentially making it more challenging to build a defense. Understanding the legal ramifications of refusing a DUI test is crucial for anyone facing a DUI charge in Fremont County.

Factors to Consider Before Refusing a DUI Test

Before making the decision to refuse a DUI test, it’s essential to consider several factors. One key consideration is the type of test law enforcement is requesting. Breath tests, for example, are commonly administered using a Breathalyzer device. Blood tests, on the other hand, involve the analysis of a blood sample to determine the presence of alcohol or drugs.

Understanding the specifics of the test requested can help you make an informed decision. Additionally, consider the potential consequences of refusing the test, such as license suspension and the impact on your legal defense. Consulting with an experienced DUI attorney from The Bussey Law Firm, P.C. can provide valuable guidance tailored to your specific situation.

Your Rights During a DUI Stop in Fremont County

It’s important to be aware of your rights during a DUI stop in Fremont County. While law enforcement has the authority to request a DUI test, you have the right to remain silent and the right to legal representation. If you choose to exercise your right to remain silent, clearly communicate this to law enforcement in a respectful manner.

Requesting the presence of an attorney before submitting to any tests is also within your rights. Contacting The Bussey Law Firm, P.C. as soon as possible after a DUI stop can help ensure that your rights are protected throughout the legal process.

Understanding the Importance of Legal Representation

Facing DUI charges can be a daunting experience, and the consequences can have a lasting impact on various aspects of your life. Beyond the immediate legal ramifications, such charges can affect your driving record, insurance premiums, and even your employment opportunities. It is crucial to understand the gravity of the situation and the importance of seeking legal representation promptly.

By engaging The Bussey Law Firm, P.C., you are not only securing experienced legal counsel but also gaining an ally dedicated to protecting your rights and navigating the complexities of the legal system. Our team of attorneys has a deep understanding of Colorado DUI laws, and we are committed to building a robust defense strategy tailored to the unique circumstances of your case.

Exploring Possible Defenses in DUI Cases

When it comes to DUI cases, there isn’t a one-size-fits-all defense strategy. The Bussey Law Firm, P.C. will meticulously review the details of your case to identify potential defenses. These could range from challenging the validity of the traffic stop or arrest to questioning the accuracy of the DUI tests administered.

Understanding the intricacies of the legal process and the scientific aspects of DUI testing is crucial in building a strong defense. Our attorneys are well-versed in the nuances of DUI cases and will explore every avenue to secure the best possible outcome for you.

The Importance of Timely Action

Time is a critical factor when facing DUI charges. Taking immediate action can make a substantial difference in the outcome of your case. From preserving crucial evidence to ensuring that all legal deadlines are met, acting promptly is essential.

Contacting The Bussey Law Firm, P.C. early in the process allows us to begin building your defense strategy right away. We can assess the details of your case, advise you on the best course of action, and guide you through each step of the legal proceedings.

If you find yourself facing DUI charges in Fremont County, it’s crucial to have experienced legal representation on your side. The Bussey Law Firm, P.C. understands the complexities of DUI cases and can provide the guidance needed to navigate the legal process effectively.

Our team of dedicated attorneys will work diligently to build a strong defense tailored to the specifics of your case. We understand the intricacies of DUI laws in Fremont County and will advocate for your rights throughout every stage of the legal proceedings.

If you or a loved one is facing DUI charges in Fremont County, don’t navigate the legal process alone. The Bussey Law Firm, P.C. is here to provide the support and legal representation you need. Contact us today for a confidential consultation to discuss your case and explore your legal options.

Remember, time is of the essence in DUI cases, and having a knowledgeable attorney by your side can make a significant difference in the outcome of your case. Trust The Bussey Law Firm, P.C. to protect your rights and guide you through the legal challenges ahead.

Don’t face DUI charges alone – let The Bussey Law Firm, P.C. be your advocate in the pursuit of justice.

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Colorado DUI Blood Testing https://www.thebusseylawfirm.com/colorado-dui-blood-testing/ Tue, 09 May 2023 13:43:09 +0000 https://busseylawfirm.wpenginepowered.com/?p=510 In Colorado, if you are suspected of driving under the influence of alcohol or drugs, you are required to be given an Express Consent Advisement. CRS 42-4-1301.1 states that a person suspected of driving under the influence shall be required to “take and complete, and to cooperate” in the taking of a test of the [...]

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In Colorado, if you are suspected of driving under the influence of alcohol or drugs, you are required to be given an Express Consent Advisement. CRS 42-4-1301.1 states that a person suspected of driving under the influence shall be required to “take and complete, and to cooperate” in the taking of a test of the person’s breath or blood to determine their alcohol content. While a person can refuse a chemical test, a refusal comes with serious consequences. Most people choose a chemical test of their blood. This article will focus on what constitutes a valid blood test.

When Can a Test Be Done?

Colorado DUI Blood TestingWhile a blood test for alcohol sounds relatively straightforward, when being done for evidentiary purposes, they are anything but. For a blood test in a DUI setting to be legally sound, it must conform to several statutory and regulatory requirements.

To qualify as a valid test, CRS 42-4-1301.1 requires the following:

  1. The test must be completed within 2 hours of driving,
  2. The blood must be drawn by a physician, registered nurse, emergency medical service provider, or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse (such as a phlebotomist), and
  3. The person whose blood is being drawn must consent to the blood draw.

What Regulations Must It Adhere to?

Additionally, the blood draw itself must conform to very specific Colorado Department of Public Health and Environment regulations. These regulations are contained in the Code of Colorado Regulations, 5 CCR 1005-2. These regulations mandate a blood draw must be:

  1. Collected in the presence of the arresting officer or another responsible person who can authenticate the specimens,
  2. Collected and labeled according to the instructions in the blood kit,
  3. Collected by a physician, nurse, paramedic, emergency medical technician, medical technologist, or a person whose normal duties include collecting blood specimens,
  4. Collected at an appropriate clinical or public safety facility,
  5. Collected using sterile equipment,
  6. Collected after the area of skin is cleansed and disinfected with an aqueous solution of nonvolatile antiseptic. Alcohol cannot be used as a disinfectant,
  7. Collected directly into two 10ml sterile tubes set to draw at least 10ml and containing sodium fluoride and potassium oxalate,
  8. Mixed according to the instructions in the blood kit,
  9. The blood kit must be approved for use and not have passed its expiration date,
  10. Identified with the subject’s name and evidence seal,
  11. Placed in a secured storage unit until shipped to the lab,
  12. Refrigerated at or below 46.4 degrees Fahrenheit and not frozen,
  13. Whenever possible shipped to a lab within 7 days of collection.

Once the blood is collected, it must be:

  1. Tested by a certified laboratory (in Colorado, the Colorado Bureau of Investigations toxicology lab performs the tests),
  2. Tested in a reasonable amount of time,
  3. If a positive test is returned, the blood must be tested a second time, and
  4. Stored in a refrigerator at or below 46.4 degrees Fahrenheit for 12 months.

The second vial must be retained for testing by the defendant.

If any of these requirements are missed, the validity of the blood draw is suspect and can be attacked when defending a DUI. The attorneys at The Bussey Law Firm, P.C. analyze evidence such as the officer’s reports, the body cam footage, the consent affidavit, the qualifications of the person performing the blood draw, the test result, and the chain of custody of the blood to evaluate whether a blood draw is legally sound.

We Can Help

If you have been arrested for DUI and consented to blood draw, you need an experienced attorney to determine whether the blood draw conformed to Colorado’s strict statutory and regulatory requirements. The Colorado Springs DUI defense attorneys at The Bussey Law Firm, P.C. are experienced in attacking each of the requirements above. Contact us at (719) 475-2555 for a free consultation.

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Colorado Recently Changed the Waiting Period for License Reinstatement After Receiving a DUI https://www.thebusseylawfirm.com/colorado-recently-changed-the-waiting-period-for-license-reinstatement-after-receiving-a-dui/ Mon, 20 Feb 2023 17:05:35 +0000 https://busseylawfirm.wpenginepowered.com/?p=525 On January 1, 2023, the law regarding when you can reinstate your license after a DUI suspension changed in Colorado. Prior to January 1, 2023, a person whose license was revoked for a first-time DUI had to wait at least 30 days after the revocation was effective before they could reinstate their license. Colorado changed this law [...]

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On January 1, 2023, the law regarding when you can reinstate your license after a DUI suspension changed in Colorado. Prior to January 1, 2023, a person whose license was revoked for a first-time DUI had to wait at least 30 days after the revocation was effective before they could reinstate their license. Colorado changed this law for offenses occurring on or after January 1, 2023. The current law now allows for early reinstatement as early as the first day the revocation is active.

Lawmakers and other interested parties saw a problem with the old waiting period. Lawmakers were concerned that people were driving anyway prior to the expiration of the thirty-day waiting period. Along with Mother’s Against Drunk Driving, the legislature determined that it was in the interest of public safety to allow early reinstatement rather than have people drive on a revoked license without any monitoring.

Colorado Recently Changed the Waiting Period for License Reinstatement After Receiving a DUIFor first-time offenders, the changes allow a person to reinstate their license on the same day the revocation is active if they:

  1. Complete an Application for Reinstatement with the Colorado DMV,
  2. Pay a reinstatement fee of $95.00 and a DUI restoration fee of $25.00,
  3. Provide an SR-22 and maintain it for 9 months, or three years in the event an accident was involved,
  4. Complete a certification, and
  5. Install and provide the necessary proof of the installation of an alcohol interlock device.

However, if a person’s BAC was measured to be 0.15 or higher, they are required to maintain the SR-22 for a minimum of three years and show proof of registration for a certified Level II alcohol class and treatment. Additionally, the interlock requirement increases to 24 months.

For a second or third alcohol driving offense, the period of time to have an interlock also increases to 24 months and has the same conditions as for a BAC of .150 or higher.

If the offender refused chemical testing, the interlock requirement is also 24 months, however the earliest a license can be reinstated is 60 days after the revocation and requires the same conditions as for a 2nd or 3rd offense.

This chart below outlines the various scenarios that come into play after a DUI charge and what is required for early reinstatement of a Colorado license.

 

Colorado License Early Reinstatement for Alcohol Offenses Occurring On or After January 1, 2023
       
Offense Waiting Period Reinstatement Requirements Interlock Duration
1st Offense with a BAC of .08 to .149 Upon revocation becoming active Application for Reinstatement, Pay Reinstatement Fees, Complete Certification, SR-22 Interlock installation and Proof of Installation 9 months with chance to terminate after 4 months
1st Offense with a BAC of .150 or higher Upon revocation becoming active Application for Reinstatement, Pay Reinstatement Fees, Complete Certification, Interlock installation and Proof of Installation, and Enrollment in a Level II Alcohol Class and Treatment 2 years
2nd Offense Upon revocation becoming active Application for Reinstatement, Pay Reinstatement Fees, Complete Certification, Interlock installation and Proof of Installation, and Enrollment in a Level II Alcohol Class and Treatment 2 years
3rd or Subsequent Offense Upon revocation becoming active Application for Reinstatement, Pay Reinstatement Fees, Complete Certification, Interlock installation and Proof of Installation, and Enrollment in a Level II Alcohol Class and Treatment 2 years
Refusal 2 Months Application for Reinstatement, Pay Reinstatement Fees, Complete Certification, Interlock installation and Proof of Installation, and Enrollment in a Level II Alcohol Class and Treatment 2 years

 

  • These requirements are according to the currently posted Colorado DMV website. Please review the DMV parameters closely for any changes or updates.

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How to Use the “No Driving Defense” in Colorado DUI Cases https://www.thebusseylawfirm.com/how-to-use-the-no-driving-defense-in-colorado-dui-cases/ Fri, 20 Jan 2023 17:10:31 +0000 https://busseylawfirm.wpenginepowered.com/?p=527 If you’ve been charged with a DUI for drinking, you may be able to challenge the lab results in court. And there are also effective legal strategies for challenging driving under the influence of drugs (DUID) charges in Colorado. When a police officer pulls you over and charges you with DUI, it’s clear that you were driving the [...]

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If you’ve been charged with a DUI for drinking, you may be able to challenge the lab results in court. And there are also effective legal strategies for challenging driving under the influence of drugs (DUID) charges in Colorado.

When a police officer pulls you over and charges you with DUI, it’s clear that you were driving the vehicle. What if you are legally intoxicated, but the officer never actually sees you driving?

If a police officer encounters you in or near your car, you may be charged with DUI. But this is a legal grey area in Colorado, and there are a number of factors that will be taken into consideration to determine whether you are guilty. In these cases, a robust legal defense is required for protecting your driving record and maintaining your freedom.

You Can Be Charged with a DUI Even When Your Aren’t Driving

How to Use the “No Driving Defense” in Colorado DUI CasesYou can be charged with a DUI in Colorado, even when the arresting officer doesn’t ever see you driving. If there is enough evidence to suggest that you might have driven recently, or you had the intent to drive, the police may use circumstantial evidence to convict you.

Pulling over to the side of the road to “sleep it off” may seem like the responsible thing to do when you’ve had too much to drink. But you could still be charged with DUI. You can also be charged with DUI when you’re close to or inside your car in a parking lot.

You may assume that the question of whether or not a person is driving a car is cut and dried. But thanks to legal precedents in Colorado, this is actually a complex legal matter. This may sound hard to believe, but someone who is found sleeping or passed out behind the wheel of a car that’s not running may be found guilty of DUI, especially if the keys are in the ignition.

Factors that may be used by police to charge you with a DUI include:

  • Where the vehicle was found
  • If the engine was running
  • Statements made by the driver
  • Where you were seated in the vehicle
  • If the keys were in the ignition
  • How the car was parked
  • If your seat belt was fastened
  • Eyewitness accounts
  • How many people were inside the vehicle
  • Any factor suggesting you had been driving or were preparing to drive

Challenging a “No Driving” DUI

In a Colorado DUI case, a driver is defined as the person who is in actual physical control of the vehicle. That’s why a skilled lawyer may be able to get your charges dropped if the police officer didn’t see you drive.

It’s important to remember that you can be charged for DUI anywhere in Colorado, on a private road, on private property, or in a parking lot. And the Colorado Supreme Court has provided a very loose definition of “actual physical control.”

If you have been charged with a DUI when the police never actually saw you drive the vehicle, your attorney may employ the following arguments in your defense:

  • The vehicle is totally inoperable.
  • You had a valid reason for being in the car.
  • There’s evidence that someone else was driving the car.
  • You were inside the car for warmth or safety.
  • Someone else in the car switched places with you.
  • Police mishandled or misread your BAC test.
  • Your rights were violated by the arresting officers.

Were You Charged with DUI?

DUI penalties are pretty strict in Colorado. Your license will be suspended, and you could receive up to 2 years in jail for a misdemeanor conviction and 6 to 12 years in prison for a felony conviction.

When you’re facing DUI charges, choosing the right Colorado Springs drunk driving defense attorney really matters. Timothy R. Bussey has been helping clients get DUI charges dropped or reduced for over two decades. He’s earned the ACS Forensic Lawyer-Scientist Designation in the state of Colorado, he’s a certified NHTSA Field Sobriety Test Instructor, and he’s certified in Forensic Chromatography.

Contact The Bussey Law Firm, P.C. to schedule a FREE consultation today by calling (719) 475-2555.

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New DUI Prevention Technology Is on the Way https://www.thebusseylawfirm.com/new-dui-prevention-technology-is-on-the-way/ Wed, 30 Nov 2022 17:34:17 +0000 https://busseylawfirm.wpenginepowered.com/?p=534 According to a recent study, nearly one-third of all car accidents in the United States are caused by drivers who are under the influence of alcohol. Every year, hundreds of people are killed or injured in accidents caused by drunk drivers. These accidents often involve innocent bystanders who are caught in the crossfire. In addition to [...]

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According to a recent study, nearly one-third of all car accidents in the United States are caused by drivers who are under the influence of alcohol. Every year, hundreds of people are killed or injured in accidents caused by drunk drivers. These accidents often involve innocent bystanders who are caught in the crossfire. In addition to the human toll, these accidents also cause massive property damage and cost the state millions of dollars in lost productivity. To decrease the number of intoxicated drivers on the road, Congress has proposed new legislation requiring all automobiles to be equipped with advanced sobriety-testing technology.

Colorado has some of the strictest DUI laws in the country, but that has not stopped drunk drivers from wreaking havoc on the roads. Though Colorado educates the public about the dangers of drunk driving and provides resources for treatment and prevention, this is an ongoing issue.

New Legislation to Prevent Intoxicated Driving

New DUI Prevention Technology Is on the WayAs of 2026, all new vehicles must have monitoring systems to stop intoxicated drivers. This new requirement comes from Congress and is intended to help make our roads safer. These systems will be able to detect when a driver is intoxicated and will take steps to prevent them from operating the vehicle. This is a significant step forward in keeping our roads safe, and we are hopeful that it will lead to fewer accidents and fatalities.

The legislation doesn’t specify what type of technology will be required, only that it must “passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired.”

While there are sure to be some bumps in the road as this new legislation is implemented, it is a step in the right direction toward keeping our streets safe and saving lives.

DUIs Can Be Prevented

Colorado has seen a large number of drunk driving fatalities in recent years, with 1,548 recorded between 2009 and 2018. In 2019, the state saw a rate of 3.9 DUI road fatalities per 100,000 drivers–meaning that drunk driving is still a significant problem.

Though Colorado has made efforts to teach citizens, people need to be educated about the dangers of driving while under the influence of alcohol. They need to understand that it is not only illegal but also hazardous. All drivers should be aware of their actions’ potential consequences, both for themselves and others.

Law enforcement has effectively caught and prosecuted people driving while under the influence which has made the roads safer and discouraged others from doing the same. However, there need to be more sobriety checkpoints, and police need to be more diligent in pulling over cars that they suspect may be driven by someone who is intoxicated. If more people are caught and punished for driving while under the influence, it will serve as a deterrent to others and help to reduce the number of DUIs that occur each year.

Hire a Lawyer if You Have a DUI

If you have been involved in a DUI accident, it is important to hire a qualified Colorado Springs DUI defense lawyer to represent you. A DUI accident lawyer will be familiar with the laws and procedures surrounding DUI cases and will be able to ensure that your rights are protected. The Bussey Law Firm, P.C. can help you to navigate the complex legal system and will work tirelessly to ensure that you receive a fair outcome. If you have been involved in a DUI accident, do not hesitate to contact us today for an immediate consultation. Call (719) 475-2555.

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How a DUI Can Affect Your Career https://www.thebusseylawfirm.com/how-a-dui-can-affect-your-career/ Thu, 28 Jul 2022 17:24:50 +0000 https://busseylawfirm.wpenginepowered.com/?p=546 A DUI conviction can have devastating effects on your life, including possible jail time, probation, fines, and restrictions on your license. A conviction brings with it the requirement to take alcohol classes, complete an alcohol use evaluation, alcohol counseling, community service, and the completion of a Mothers Against Drunk Driving awareness class. On top of that, [...]

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A DUI conviction can have devastating effects on your life, including possible jail time, probation, fines, and restrictions on your license. A conviction brings with it the requirement to take alcohol classes, complete an alcohol use evaluation, alcohol counseling, community service, and the completion of a Mothers Against Drunk Driving awareness class. On top of that, a DUI can gravely affect a person’s career.

DUI Charges Follow You into the Workplace

How a DUI Can Affect Your CareerBeyond the criminal or DMV penalties, many occupations require additional reporting and consequences. Professions such as doctors, nurses, dentists, police officers, military service members, and lawyers, often require licensees to adhere to strict ethical and moral standards. Often, these professions require a person to report charges and convictions to their respective licensing board and comply with penalties on the professional side.

These penalties may include treatment or therapy in addition to what a district attorney requires. Penalties may also include mentorship and monitoring, or worse, a suspension of a license or loss of employment. Medical professionals often incur consequences with the hospitals they work in. Employment contracts and admission privileges can be restricted or even rescinded.

Deferred Sentences

A deferred sentence agreement is a typically considered a good outcome for most people. Yet even a deferred sentence can have devastating effects on one’s license. A deferred sentence, if completed successfully, results in no conviction and a dismissal of the case. In the case of a DUI, a successfully completed deferred sentence results in no points being applied to your DMV record and allows a person to seal the record once the case is closed.

However, a deferred sentence also includes an acknowledgment of guilt. This can cause problems in one’s professional life even though the criminal case resulted in no conviction. Some professional boards and employers view the acknowledgment of guilt the same as a conviction and apply the same penalties as they do for a conviction. For this reason, some people get backed into having to take their case to trial. This is because while the District Attorney’s offer of resolution is quite good, the effects on the person’s career can be the same as a conviction.

Avoid Professional Blowback

If you work in an occupation that requires a professional license, it is critical you understand the consequences that the ultimate disposition will have on your professional license and your employment. Often, this requires reviewing licensing standards, reviewing contracts, and understanding conditions of employment. We often work with professionals who have been charged with a DUI. Before we advise a client to accept any disposition, we get a clear understanding of how the disposition will affect their licensure and employment.

Colorado Springs Drunk Driving Defense Lawyers Here to Help

If you are a professional and are facing a Colorado Springs DUI charge, you need legal representation. The Bussey Law Firm is well versed and very experienced in working with professionals caught up in a DUI charge. We routinely work with doctors, nurses, dentists, active-duty military personnel, and other professionals whose career has been put in jeopardy by a DUI charge. If you have been charged with driving under the influence, you should contact a lawyer at The Bussey Law Firm at (719) 475-2555.

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Top Five Things to Do If You are Arrested For DUI https://www.thebusseylawfirm.com/top-five-things-to-do-if-you-are-arrested-for-dui/ Sat, 02 Jul 2022 11:51:32 +0000 https://busseylawfirm.wpenginepowered.com/?p=548 The Bussey Law Firm PC is a longtime top law firm in Colorado with great experience in defending those accused of driving under the influence. We are often asked, what can I do after I’ve been arrested for a DUI. Let’s go through what might be the top five things that you can do if [...]

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The Bussey Law Firm PC is a longtime top law firm in Colorado with great experience in defending those accused of driving under the influence. We are often asked, what can I do after I’ve been arrested for a DUI. Let’s go through what might be the top five things that you can do if you have been arrested for DUI:

  1. Top Five Things to Do If You are Arrested For DUIYou have a right to remain silent. This one is really important. Just as you’ve always heard on television, “Anything you say can and will be used against you in a court of law.” The words you speak outside of court are admissible as evidence against you in court. Remember, even small admissions such as, “Yes, I was driving,” can make a prosecutor’s case much easier to prove. Without your statements, the prosecutor needs to find alternative ways to prove every elemental fact. With your statements, it’s easy as can be. To avoid unwanted questioning from a law enforcement officer, and to avoid making inadvertent statements, simply reply to an officer by saying, “No statements without assistance of counsel, thank you.” Your polite invocation of the right to counsel in this way is like a legal shield. A law enforcement officer at that point is required to stop asking questions or making statements that could prompt you to incriminate yourself. Do not be fooled into thinking friendly conversation on unrelated topics is safe. These conversations have a way of spilling into further conversation about the driving incident. If you are in contact with a law enforcement officer after a DUI arrest, it is never social. They are never thinking about anything except how to prove your guilt.Also remember that your statements to friends or family could be used against you as evidence, if a law enforcement officer learns of the statements. It is better just not to discuss the case with anyone except your attorney or members of your attorney’s staff. Keep in mind that you might even be more innocent than you at first realize. Full analysis of your case takes time and detachment from the emotions that are running at the time of the arrest.

 

  1. Speaking of your attorney and your attorney’s staff. After a DUI arrest, there are few investments of time better than consulting with an attorney who has experience in defending such cases. The consequences of a DUI conviction are greater and more far reaching than ever. DUI’s can impact your employment, your driver’s license privileges, and cause you to face criminal consequences which can include a permanent conviction on your record, jail time, probation, alcohol classes, community services and expensive fines and fees. The Bussey Law Firm PC has years of experience successfully defending those accused of DUI. The firm has been responsible for impacting the law in ways that include testifying before committees in the Colorado legislature and litigating DUI issues in trial and appellate courts. The Bussey Law Firm’s active and diligent litigation has influenced investigations of state agencies and been noticed as far as the U.S. Supreme Court, where the firm’s litigation was cited by Justice Ginsburg in Bullcoming v. New Mexico, 564 U.S. 647 (2011). In Bullcoming, the Court was asked to reduce or eliminate the right to cross-examine forensic scientists who have performed chemical BAC analysis of the kind used regularly in DUI cases. The government argued that its administrative procedures are so routine and reliable that permitting the accused to cross-examine laboratory analysts in ordinary cases should no longer be required. Yet after the Bussey Law Firm had been active in helping to expose flawed laboratory testing procedures that affected over 200 Colorado cases, Justice Ginsburg wrote for the majority and cited the Colorado investigation as perhaps the best reason for rejecting the government’s self-serving claim of administrative excellence. The Bussey Law Firm is proud to represent the accused and would be pleased to discuss your case.

 

  1. Preserve any evidence. It is important to preserve any evidence that may assist in the defense of your case. This includes securing receipts from any bar or restaurant you may have been in prior to the arrest, preparing a list of any witnesses and their contact information, obtaining any medical records to include records of any conditions that may impact the investigation or injuries obtained in an accident, taking photos of where the incident occurred and saving any phone records which may assist in developing a timeline. It would also be a good idea to keep a journal or notebook preserving your recollection of what happened. Often the act of writing promotes insight and remembrance of details that would be otherwise forgotten.

 

  1. Develop a case for mitigation and rehabilitation. In the vast majority of cases the accused will plead not guilty and prepare for trial. Yet the question of guilt or innocence is just one of the major considerations. Another concerns the fitness of the defendant for affordable bail or a light sentence or sentencing terms that permit things like driving or work release. An attorney can consult with you about things you may do to proactively mitigate your case long before trial. This may include perhaps starting community service, alcohol education classes and therapy and a MADD victim impact program. It is beneficial to begin these steps early. A lawyer can discuss your progress with the prosecutor in confidential fashion, without risk to your trial defense.

 

  1. Cooperate with your Colorado Springs DUI attorney and continue on with your life. It is important to stay in contact with your lawyer. Keep your lawyer advised of evidence that you may have and your progress in completing alcohol education, alcohol therapy, community service, MADD victim impact program and any notifications you receive from the DMV. DUI cases can take many months to resolve. The stress and emotional challenges should not be overlooked. Try and enjoy each day and those things that you love such as hiking, biking, physical exercise and creative activities such as music and art. Strengthen connections with family and friends.

 

Contact the Bussey Law Firm PC in Colorado Springs for your Driving Under the Influence defense. The Bussey Law Firm PC is a nationally recognized law firm defending Driving Under the Influence charges. Mr. Bussey is a national speaker at DUI seminars, a nationally published author, a contributor to the Colorado DUI Benchbook, a former Board of Directors for DUIDLA (DUI Defense Lawyers Association), a sustaining member of the NCDD (National College of DUI Defense Attorneys). Other credentials may be viewed at www.thebusseylawfirm.com.

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DUI Prevention Technology Required for All New Cars Starting in 2026 https://www.thebusseylawfirm.com/dui-prevention-technology-required-for-all-new-cars-starting-in-2026/ Sat, 19 Feb 2022 14:13:22 +0000 https://busseylawfirm.wpenginepowered.com/?p=562 The Infrastructure Investment and Jobs Act was signed into law by President Biden on November 15, 2021. This federal law requires that advanced drunk and impaired driving prevention technology be installed as standard equipment in all new vehicles in the U.S., possibly as early as 2026. This is the Biden administration’s solution to rising drunk [...]

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The Infrastructure Investment and Jobs Act was signed into law by President Biden on November 15, 2021. This federal law requires that advanced drunk and impaired driving prevention technology be installed as standard equipment in all new vehicles in the U.S., possibly as early as 2026. This is the Biden administration’s solution to rising drunk driving fatalities in recent years.

What Are the Recent Trends in Intoxicated Driving?

  • DUI Prevention Technology Required for All New Cars Starting in 2026Drunk driving has been a major threat on U.S. roadways. Approximately 28 people are killed every day in drunk-driving crashes, which amounts to one death every 52 minutes, as reported by the National Highway Traffic Safety Administration (NHTSA).
  • In the most recent year for which statistics are available, 10,142 people lost their lives in alcohol-impaired driving accidents.
  • Drunk driving fatalities had declined from 2018 to 2019. Drunk driving deaths totaled 36,096 in 2019, as compared to 36,835 in 2018.
  • The global pandemic brought a reverse in this trend. As of September 2020, alcohol-related traffic fatalities had increased by nearly 5% over the same period in the previous year, although total vehicle miles traveled had decreased by approximately 14.5%.
  • The overall traffic fatality rate increased from 1.10 to 1.35 deaths per 100 million vehicle miles traveled in a single year, from 2019 to 2020.

How Does Advanced Alcohol-impaired Driving Prevention Technology Work?

The Infrastructure Investment and Jobs Act calls for “advanced drunk and impaired driving prevention technology.” This term is defined as a system that can either:

  • Passively monitor the performance of the driver to accurately identify whether that driver may be impaired; and
  • Prevent or limit operation of the motor vehicle if impairment is detected; or
  • Passively and accurately detect whether a driver’s blood alcohol concentration (BAC) is equal to or greater than the legal limit; and
  • Prevent or limit operation of the vehicle when BAC above the legal limit is detected; or
  • Operate as a combination of the above systems.

Why Did Congress Create a Mandate to Install This Technology in All New Cars?

Congress passed the Infrastructure Investment and Jobs Act that mandates impaired driving prevention technology in new vehicles to help prevent alcohol or drug impaired driving. This bill was introduced in response to increasing traffic fatalities during the pandemic, after traffic deaths had been down trending for decades. Drunk driving fatalities in the U.S. have spiked since the lockdowns began in 2020, despite the fact that vehicle miles traveled decreased by more than 430 billion. These statistics were enough to convince Congress to pass the legislation.

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