Colorado DUI includes driving under the influence of drugs as well as alcohol.
This includes legal drugs that are prescribed to you. We're not just talking
about medical marijuana for which a driver has a card, but central nervous
system depressants like Xanax and Valium, medication for chronic pain, even
over the counter cold medicine like Benadryl or Nyquil.
specific statute talks about impairment by the consumption of alcohol, or
drugs, or any combination thereof. The Prosecution is not required to elect and
can proceed even in cases of low levels on a theory that the combination of
substances caused impairment even if low levels of the drug/blood alcohol level
would not on their own.
cases are fact specific. It is important to look first at the driving behavior.
Was the person driving on the sidewalk or were they pulled over for lack of a
this day and age of felony DUI there is no such thing as "just a
DUI". A conviction never goes away. While your insurance company may only
look back 5 or 7 years, a DUI or DWAI conviction, even one twenty years old,
counts as a prior for purposes of sentencing and in Colorado involves mandatory
Colorado if your prior is more than 5 years old, however, in many
jurisidictions - (but not all) - home detention is a realistic request provided
you can show that you are a good candidate for such sentence. Some
jurisdictions and some judges don't give home detention on a second.
a third alcohol or substance related driving offense (DUI or DWAI) there is a
mandatory sixty (60) day jail sentence for which home detention is not an
option. Work release is available in several, but not all, counties.
It is not possible
to set out all the considerations and consequences of a substance related
driving offense in one blog post. Call to set an appointment and we can
confidentially discuss your specific facts, circumstances, and potential