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Drivers should be aware of Thanksgiving DUI enforcement

In Colorado and across the United States, people celebrate the Thanksgiving holiday in various ways. Some will visit with friends and family, attend parties and take time to relax and have a good time. Part of that might involve drinking alcohol and other legal substances. While there is nothing wrong with that, it does not mean people can get behind the wheel while intoxicated. Some, however, will do that and it can cause accidents with injuries and fatalities. Law enforcement tries to catch these drivers and arrest them. For people who are arrested for DUI during the holidays, it is important to understand the value of a strong legal defense.

Breathalyzer tests for DUI increasingly called into question

When Coloradans and people across the U.S. are stopped by law enforcement on suspicion of driving under the influence and asked to take a breathalyzer test, they are confronted with the possibility that they will register a blood-alcohol content that surpasses the legal limit and subsequently be arrested. If they do not comply, they will be charged with breathalyzer test refusal, which is a violation by itself. These charges can be problematic in multiple ways and a breath test is commonly one of the main sources of evidence used by law enforcement and prosecutors.

DUI testing issues could help defendants get charges dropped

When Colorado drivers are stopped on suspicion of driving under the influence, one of the main ways in which law enforcement and prosecutors will secure a conviction is through testing procedures to determine their blood-alcohol concentration. While it is never wise to get behind the wheel after drinking, a simple traffic stop, investigation and arrest does not automatically mean that the driver is guilty and should be convicted. One strategy to lodge an effective defense is to call the testing into question. Recently, the state has implemented new procedures to test drivers and issues with the protocol could warrant dropped charges.

How do extraordinary circumstances affect DUI implied consent?

In Colorado, when law enforcement initiates a stop to investigate a potential driving under the influence case, there is implied consent that the driver must submit to a test to determine their blood-alcohol concentration. That means the driver is obligated to take the test when requested to do so.

Colorado man accused of DUI following fatal pedestrian crash

Being accused of drunk driving can be a very overwhelming experience. However, these allegations do not always stem from an officer pulling over a motorist he or she suspects is under the influence of alcohol. Sometimes motorists in Colorado and elsewhere are faced with these charges following a serious or fatal automobile collision. This circumstance can make the matter graver, as the penalties associated with these charges can be significantly more severe.

Colorado woman charged with a DUI after pedestrian accident

Getting in a motor vehicle crash is a major event for individuals in Colorado and elsewhere. While most are concerned about the injuries and damages that befall on them following a collision, others may be focused on the potential charges he or she may face because of it. For the most part, car accident occur when a motorist violates a traffic law. And if a driver is accused of driving under the influence of alcohol following a car crash, it is important to consider what options they have to assert a defense against such charges.

Not all field sobriety tests are properly administered

Field sobriety tests are roadside assessments that Colorado law enforcement officers can use to look for evidence of intoxication in drivers. The tests usually involve three different evaluations that push the limits of drivers' balance, coordination, and focus. If a driver cannot complete the assessments then they may be arrested for drunk driving.

Can following the keto diet lead to a DUI?

The keto diet is all the rage lately among many in Colorado wishing to lose weight and improve their health. In general, those following the keto diet will eat low-carb, high-fat foods to put their body into ketosis, which according to some, makes their body burn fat for energy, resulting in weight loss and better health. One interesting aspect of being in ketosis is that your liver creates acetone as part of the process, which is released in your breath as isopropyl alcohol. And, this has very interesting implications, particularly when it comes to DUIs.

When must an ignition interlock device be used in Colorado?

An ignition interlock device is an instrument installed in a vehicle that measures the amount of alcohol in a person's system through a breath test, not unlike the roadside breath tests a police officer might ask you to submit to. If the ignition interlock device indicates that a motorist has even a nominal amount of alcohol in their system, the vehicle will not start. The instrument also requires motorists to periodically submit a breath sample while driving.

Should the legal limit for DUI be lowered to 0.05 percent?

In Colorado, if a motorist's blood-alcohol concentration is above 0.08 percent, they are deemed too drunk to drive safely and could receive a DUI. The legal limit is in place to keep people safe on the road. However, some are now saying that even a BAC of 0.05 percent puts others' safety at risk.

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Law Office of Lori Crystal, LLC

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