DUI Frequently Asked Questions
What Does DUI Mean?
DUI stands for driving under the influence. In legal terms, this means a person was driving a vehicle while impaired by drugs and/or alcohol.
Under Colorado law, it is illegal to drive with a BAC (blood alcohol content) of 0.05 percent, which is classified as DWAI (driving while ability impaired), which is a lesser offense than a DUI whose BAC standard is 0.08 percent or higher. All states have adopted this 0.08 percent BAC standard.
Recently, the National Transportation Safety Board, in its Safety Report on Eliminating Impaired Driving, recommended reducing states’ BAC limits from 0.08 to 0.05 or lower. The Denver Post Editorial Board disagreed with this proposal, taking the stand that Colorado needs a felony DUI law rather than a stricter BAC standard as they believe Colorado’s current law sufficiently addresses the BAC standard.
Will I Go to Jail If I’m Convicted of a DUI?
Penalties for DUI convictions vary, depending upon a range of factors. For example, a sentence might include one or more of the following: Jail time, DUI school, community service, driver’s license suspension, community service, or a monetary fine.
The below table offers an overview of minimum jail-time scenarios in Colorado, based on whether it’s a first, second or third offense.
What Is the Meaning of Miranda Rights?
This is a warning given by law enforcement to suspects in their custody after they are placed under arrest. This warning informs the person of their rights to:
- Remain silent
- An attorney, or to
- Have an attorney appointed to them.
What Are Field Sobriety Tests?
Before deciding whether or not to make a DUI arrest, law enforcement might ask the driver to perform a field sobriety
test (FST) to determine if his/her ability to drive has been impaired by drugs and/or alcohol.
In a recent post, I wrote about Swedish researchers developing a portable breathalyzer that police will be able to use in a field sobriety test. This breathalyzer will detect if the person has been using marijuana, cocaine, opiates and other drugs. To read that article, click here.
What’s a DUI Checkpoint?
A DUI checkpoint is a station where law enforcement will pull over every vehicle on that stretch of the road. Typically, the police will speak with each driver, assess if the driver appears to be under the influence of drugs and/or alcohol, and if so that driver is escorted from the vehicle where law enforcement conducts a field sobriety test.
Colorado DUI Lawyer Shaun Kaufman
Shaun Kaufman has three decades experience defending DUI cases. You will always work with Shaun Kaufman, who has studied blood and breath-alcohol testing, as well as the rules and regulations of the admissibility of those tests. He is a passionate and tireless advocate for his clients.
To contact Shaun Kaufman, fill out the contact form on the right side of this page, or call 303-309-0430 any day of the week, 24 hours a day.
How Can We Help You?Call Shaun Kaufman Law at 303-309-0430. We are happy to offer a free, initial phone consultation regarding your case.
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