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Jan 24

By H. Michael Steinberg Colorado DUI Criminal Defense Lawyer – Attorney Emailhmsteinberg@hotmail.com

Colorado 2014 Law On Persistent Drunk Drivers Expands To Include Blood - Breath Test Refusals

Colorado 2014 Law On Persistent Drunk Drivers Expands To Include Blood – Breath Test Refusals

A Colorado 2014 Law On Persistent Drunk Drivers Expands To Include Blood – Breath Test Refusals – The proverbial good news – bad news version of a new Colorado law that governs the result of DUI DWAI DUID breath or blood test refusals is the subject of this article. Here is a link to the actual law.

So why did the state legislature – usually quite harsh on so called – “drunk drivers” pass this law?

The author of the bill – HB 1240 – Rep. Dave Young, D-Greeley, said this to the Colorado Gazette:

The data showed us that people who lose their licenses continue to drive so that really isn’t an effective method for reducing the number of people who are on the roads driving drunk,” Young said. “They are likely to drink and drive again.”

The new law gets these people into treatment and the interlock device may prevent repeat drunk driving.

Colorado DUI Breath – Blood Test Refusal Cases – The Good News

One of the harshest Colorado traffic laws was greatly softened this year when the Colorado State Legislature. If, after being lawfully arrested for DUI – DWAI or DUID – you refused to “take the test” that would reveal the blood alcohol in your system, the penalty for that was losing your right to drive in Colorado for one full year….no ifs, ands, or buts – and no probationary or red license. I witnessed the devastating impact of this law on many lives and aggressively fought against it for almost two dcades.

The modification allows Colorado drivers – 21 years of age or older at the time of the offense – the right, after 60 days of no driving, to install an interlock device on his or her automobile and to drive with the device on their primary vehicle. If you are 21 or older and have been revoked for one year or more because of a second or subsequent Colorado DUI, DUI per se, or DWAI conviction, the “interlock license” may be obtained and the device installed after one month.

Colorado 2014 Law On Persistent Drunk Drivers Expands To Include Blood – Breath – More GOOD News

Help With Payment For the Interlock Device Is Available

A portion of the costs for an ignition interlock device for a persistent drunk driver who is found to be unable to pay the costs of the interlock and who agrees to install it = may be available.

New Revocation Periods May Run Concurrent and Not Consecutive To Each Other.

This is a little complicated. If you already have an existing suspension, revocation or denial of your right to drive – the old law – for the most part – required the DUI based revocation for a refusal, or per se (amount of alcohol in your system – .08 or greater) to “stack” – that is, to run one after the other. After January 1, 2014, with certain limited exceptions, the license revocation can run concurrently with any other revocation.

Refusals

If your driver’s license is revoked for a refusal, the revocation used to have to run consecutive,

in whole or in part, with any previous or subsequent suspensions, revocations, or denials that were in existence. For a refusal committed on or after January 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation.

Colorado DUI Breath – Blood Test Refusal Cases – The Bad News

After January 1, 2014 if you refuse to take the sobriety test you will be labeled a “persistent drunk driver,” as opposed to “just” a drunk driver. In addition the blood alcohol content that brings you under the persistent drunk driver label has been lowered from .17 or more to .15 or more.

If you are found to have refused ANY lawfully mandated sobriety test and are labeled a persistent drunk driver, the Colorado State DMV mandates that you complete a level II alcohol and drug education and treatment program before reinstating your driver’s license.

There were 25,000 DUI arrests in Colorado in all of 2012. Three out of 10 of those DUI arrestees refused either the breathalyzer or to have their blood drawn.

Colorado 2014 Law On Persistent Drunk Drivers Expands To Include Blood – Breath

ABOUT THE AUTHOR: H. Michael SteinbergEmail The Author – A Denver Colorado DUI Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

H. Michael Steinberg is an aggressive Colorado criminal defense lawyer with over 30 years of Colorado Criminal Law experience. He is not looking to negotiate a plea in every case. He is looking for the best possible outcome, based on all the facts and evidence, so that you can get on with your life.

“I believe that I can help people who are in need and deliver the kind of quality legal service to clients they expect.” – H. Michael Steinberg

Please call H. Michael if you have any questions about the topic in this case – Colorado 2014 Law On Persistent Drunk Drivers Expands To Include Blood – Breath.


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