Colorado Springs Criminal Attorney Blog

I just ran across an article about Maryland cracking down on DUI cases by requiring first time offenders to place an ignition interlock device in their vehicles. Well, Colorado has required that for the last two years! I guess we are ahead of the curve.

An ignition interlock is a device that a driver blows into prior to starting a vehicle and occasionally after the vehicle has been started. If the device detects alcohol in the driver's breath, it "locks" the driver out. Theoretically, if the device is in a car and working properly, the driver won't be able to start the car, won't be subject to another DUI, and everyone is safer. That's the theory.

Essentially, every Colorado DUI driver who has lost his license has to put one of these devices in his car for a minimum of nine months on a first offense. That time frame can be extended up to two-years depending on "aggravating" factors like an extremely high blood alcohol level. For specific rules, call an experienced Colorado Springs DUI attorney.

That's all well and good, in theory. Sometimes practical considerations come into play though--what if someone uses an alcohol based mouthwash or toothpaste? What if you must drive a work vehicle? What if your spouse also drives your car? Those are all common problems for the ignition interlock system and the answers aren't necessarily easy. Plus, there is an inconvenience and a stigma (some will say justifiably so) associated with the interlock. To answer those questions and to see whether reinstating your driver's license will require ignition interlock, you should call an El Paso County DUI attorney.

Hello everyone! Today is St. Patrick's Day. Luck o' the Irish to ya. I've also got a couple of updates for you as well.

As with every "party" holiday, there is sure to be a lot of drinking tonight. The best way to stay out of trouble if you go out is to take it easy, stay in control and don't drive! The Colorado Springs Police and El Paso County Sheriff's are out there using "saturation patrols" and DUI checkpoints to search for impaired drivers. A DUI saturation patrol is simply flooding an area to patrol for driving behavior indicative of impairment (weaving, slow driving, not responding to traffic control devices, etc.). So, be careful, be smart, and be safe.

In other news, the THC (marijuana) DUI bill has gone through first reading at the Capitol. Looks like this one is going to be law, my friends. Here's an update about it from the Colorado Independent. It's a pretty decent explanation of the issues. I, for one, believe the focus on "legal limits" really detracts from the real issue of DUI cases--dangerous driving. I posted a blog a while back that linked to an article that suggests we should really look at how impaired a driver is instead of what their "level" is when imposing sanctions. Studies have shown (but I don't have time right now so I'm not going to link to them) that using a cell phone is while driving is as dangerous as driving at a .08 BAC for most people. I guess that would hold true for 5 ng of THC in your blood too. Wouldn't it be better just to focus on whether someone is actually driving poorly? Or am I just a jaded Colorado Springs defense attorney :-)?!

Be safe out there tonight, my friends!

This article about a Mothers Against Drunk Driving chapter president has gone viral on the internet this week. As a Colorado Springs DUI lawyer, I have some observations.

First, no matter how ironic (poetic to some) this woman's arrest seems, she is a person--with all the good things and bad things that go with humanity. Many say she's a hypocrite. Maybe, maybe not. One thing is for sure. She is having a BAD week. I've represented cops, soldiers, pilots, firefighters, lawyers, doctors, school teachers, school administrators, and nurses on El Paso County DUI cases. It's not just college kids and alcoholics that get into trouble. And there are some things all of those clients have in common--they are scared, embarrassed, and troubled by their situation. And on many levels, they need support and compassion.

People have very strong feelings about MADD. I happen to think they have a great mission, but perhaps too much political clout. DUI laws have become some of the most onerous and burdensome around. When a first time DUI client has must serve a mandatory jail sentence, but a sex offender can get probation without jail, I think we should reassess our priorities and where we put our resources. That said, don't drive drunk in Colorado Springs. Or elsewhere.

I was talking with a client yesterday and he made the observation that it seemed like my primary job as a Colorado Springs defense attorney was to separate him from the rest of the defendants in court--to provide the human element of his life to those in power. I whole heartedly agreed. My main job is to get the "system" (the El Paso County District Attorney, or Judge, or probation officer) to view my client as a real live person instead of a case file.

No one deserves to be judged by what happens on the worst day of her life. No one is as good as the best thing he has done, nor as bad as the worst thing he has done. I think we'd all be a little better people if we kept that realization in our consciousness as we go through our days.