Colorado Springs Criminal Law Blog

Super Bowl Sunday means plenty of parties as people gather to enjoy the biggest professional football game of the year. Unfortunately, it also means increased law enforcement patrols, sobriety checkpoints, and other methods to stop suspected drunk drivers. Police know that many people enjoy alcohol as part of their celebrations, and they assume this means more people will be driving without first having taken the time to sober up.

If you’re going to a Super Bowl party this year, here are some steps you can take to help yourself and your friends avoid an arrest on suspicion of driving while impaired (DUI):

• Plan ahead. Choose a designated driver, call a cab, or plan to take public transportation or walk. If you’re planning to drink, also plan not to get behind the wheel.
• If you must drive, switch to non-alcoholic drinks at least an hour before you get behind the wheel. NFL stadiums stop serving alcohol at the end of the game’s third quarter, so this might be a good time for you to switch your drink as well. Have a meal or a large snack to help your body absorb alcohol.
• Bring along the numbers for local cab companies. Not only will you have a way to get a sober ride, but you will also be able to call for friends who might need one too.

At The Bussey Law Firm, P.C., our experienced Colorado Springs DUI defense attorneys have handled a wide range of drunk-driving-related cases. We know how to examine the details of each client’s situation and build an aggressive defense that protects your rights while fighting for the best possible outcome in your case. To learn more about your legal rights and options after a DUI arrest or charge, call us today at (719) 475-2555. The initial consultation is free and completely confidential.

Over 1,300 Colorado drivers were arrested on suspicion of driving under the influence of alcohol (DUI) between Thanksgiving and New Year’s Eve, according to a recent article in The Denver Post.

Sobriety checkpoints were set up at several times over the holidays in various Colorado cities. New Year’s Eve saw 90 checkpoints run by various state and local law enforcement agencies throughout Colorado. Law enforcement agencies have not yet revealed how many drunk driving arrests were netted by the New Year’s Eve checkpoints or saturation patrols, but between November 23 and December 30, 1,310 drunk driving related arrests were made.

In an attempt to help people avoid arrests or accidents, metro Denver offered free rides on the city’s metropolitan transit system over the New Year’s Eve and New Year’s Day partying hours. Beer manufacturer MillerCoors also handed out free $10 taxi vouchers to revelers in several cities, including Colorado Springs. Local municipalities and law enforcement offices throughout the state encouraged people to plan ahead, either by choosing a designated driver, finding an alternate way to travel to and from parties, or hosting at home.

Although officers use technology like breath testing machines to help them decide whether to arrest someone on suspicion of DUI, determining whether a driver is too impaired to keep driving isn’t an exact science, and an officer’s initial evaluation of a driver can be incorrect. That’s why at The Bussey Law Firm, P.C., our experienced Colorado DUI defense lawyers focus on building an aggressive defense that drives toward winning the best possible outcome in each case we handle. To learn more about how we can help, call us today at (719) 475-2555 for a confidential consultation.

A conviction for driving under the influence of alcohol (DUI) in Colorado carries stiff penalties, including jail, fines, and mandatory alcohol and drug treatment. When a driver receives a second DUI conviction, many of the penalties are similar to those for a first DUI - only heavier. Penalties for a second DUI offense in Colorado include:

1. Jail. Ten consecutive days of jail time are required, and during this time, a person convicted of a second DUI cannot earn or use time off for good behavior. A judge may, however, sentence a person to alternatives like home detention or day reporting even during the required 10-day period. A jail sentence can last up to a year.
2. Fines. $600 is the minimum fine for a second or later DUI, but the amount can climb as high as $1500. This amount does not include costs for treatment programs, attorney’s bills, restitution, court costs, or other expenses.
3. Probation. Two years is the minimum for a person who has been convicted of a second DUI, but a probation sentence can last up to five years total.

These aren’t the only penalties a person who is given a conviction for a second DUI, but they are some of the heaviest. If you or someone you care about is facing a drunk driving charge in Colorado, the experienced DUI defense attorneys in Colorado Springs at The Bussey Law Firm, P.C. can help. To discuss your case with us, call us today at (719) 475-2555. The call is free, and we will never share your personal information with anyone.

Commercial drivers drive for a living. They spend their time behind the wheels of tractor-trailers, buses, and other large vehicles that transport goods and services. Because these drivers spend so much time on the road, the U.S. Federal Motor Carrier Safety Administration (FMCSA) makes and enforces several rules for commercial drivers. Many of these rules relate to alcohol use.

For drivers of personal vehicles, the legal limit for driving under the influence of alcohol (DUI) is a blood alcohol concentration (BAC) of 0.08 percent. Commercial drivers, however, are held to a much stricter standard: their BAC cannot be above 0.04 percent if they are driving a commercial vehicle. They are also prohibited from drinking at all while they are on duty.

The CO DUI penalties for being charged with or convicted of a DUI when a driver relies on his or her commercial driver's license (CDL) to earn a living are severe. A driver facing a DUI charge or conviction may face hefty fines or jail time. The FMCSA requires employers to suspend drivers who have a BAC greater than 0.04 percent, preventing them from driving or doing any other safety-related work, like vehicle repairs. Drivers may also be barred from working and fined if they refuse to take a chemical test for alcohol or other drug use.

Perhaps worst of all, the driver's CDL may be suspended or revoked if he or she is convicted. The financial costs of a DUI for a commercial driver are steep, and the picture is bleak if the driver loses the very thing that helps him earn a living.

At The Bussey Law Firm, P.C., our experienced Colorado commercial driver DUI defense attorneys understand how much is at stake when you're charged with drunk driving. That's why we fight to protect the rights of each client and to seek the best possible outcome in his or her case. Call us today at (719) 475-2555 for a free and confidential consultation.

A total of 447 people were arrested on suspicion of driving under the influence of alcohol or drugs (DUI) over the Halloween holiday in 2011, making the Halloween weekend one of the biggest “crackdowns” seen statewide in Colorado this year. A total of 95 separate law enforcement agencies were involved in the increased patrols over this popular fall holiday.

The statewide patrols, part of the state's Halloween Heat is On crackdown program, increased their vigilance this year because Halloween is traditionally the most dangerous holiday for driving in Colorado, according to the state highway patrol. This year's Halloween saw 10 fatal accidents on Colorado roads, a decrease of almost two-thirds since 2009. Police did not, however, say whether any of the drivers arrested on suspicion of DUI were involved in any of the accidents that occurred over the holiday weekend.

Arrests on suspicion of DUI were made by a combination of moving patrols and officers at sobriety checkpoints. Denver saw 58 arrests over the holiday, the highest of any Colorado city.

In the wake of the crackdown, which police units are generally lauding as successful, the Colorado Springs police force announced that it will no longer partner with the state police to run sobriety checkpoints. The department did not explain this change in policy, and has not said whether it will continue to run its own sobriety checkpoints in the city.

Holidays mean time to relax and party with friends and loved ones, but they also mean increased police patrols and a greater risk of being arrested. If you're facing DUI charges, please don't hesitate to contact the experienced Colorado Springs DUI defense lawyers at The Bussey Law Firm, P.C. We know how to build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. For a confidential consultation, call us today at (719) 475-2555.

What Are the Penalties for a First DUI Conviction in Colorado?

A conviction for driving under the influence of alcohol or drugs (DUI) in Colorado comes with some pretty heavy penalties, even if the driver has a spotless criminal record. When a driver has been convicted of a first DUI in Colorado and the driver’s blood alcohol concentration (BAC) was under 0.20, that driver may face various DUI penalties and consequences, such as:

• Jail. Five days is the minimum required jail sentence for a first DUI, but the sentence can last up to a year. The five days might be waived, however, if the driver completes a drug/alcohol evaluation before sentencing, commits to an alcohol or drug treatment program, and does not drink for at least one year. If the driver breaks any of these requirements, he or she may be sent to jail.
• Fines of $600 to $1,000. This does not include the costs of jail, treatment programs, license restoration, or other penalties.
• Probation. A driver might be placed on probation for up to two years. Not all drivers facing a DUI conviction will be given probation, however.
• Restitution. If a driver is placed on probation, he or she will be required to pay restitution for any property damage or injuries he or she might have caused. Restitution payments are separate from paying fines, and some drivers might be required to pay both.
• Costs. Finally, a driver might be required to pay court costs. These are based on costs tables kept by the courts.

If you’re facing drunk driving charges in Colorado, please don’t hesitate to contact the experienced Colorado Springs DUI defense attorneys at The Bussey Law Firm, P.C. We have experience defending the legal rights of those charged with DUI, and we will build an aggressive defense that fights for the best possible outcome in your case. For a free and confidential consultation, call us today at (719) 475-2555.

In a new book entitled One for the Road that chronicles drunk driving in the United States during the past century, author and professor of Medicine and Public Health at Columbia Barron Lerner acknowledges progress in the reduction of impaired driving — but also looks for more innovative approaches. While drunk driving killed approximately 25,000 individuals each year in this country by the middle of the 1900s, that number has decreased substantially since (current estimates are around 10,000 to 11,000 fatalities annually), according to Lerner.

However, the Centers for Disease Control and Prevention (CDC) calculates that a minimum of 110 million alcohol-related incidents and infractions currently occur in the country each year. In a recent interview with National Public Radio (NPR), the author looked to technological advancement for possible direction.

Due to legislative and cultural road blocks, Lerner told NPR that he doesn’t foresee the blood alcohol content (BAC) limit enforced by law to drop anytime soon, even though many insist it is set too high at 0.08 percent (Sweden’s BAC legal limit is 0.02 percent). However, a number of U.S. states are utilizing technology for DWI and DUI offenders that the author thinks should become standard for all cars and drivers. Ignition interlock devices essentially wire a Breathalyzer for the ignition of a car, if an individual blows into it and registers a reading above the legal limit, the car will not start. Further into the future, Lerner sees more technological advances, potentially in infrared steering wheels that will read a driver’s BAC to control car ignition in the same manner.

However, standardizing these tech measures on a judicial level may be equally if not more difficult than lowering the BAC. Using a designated driver is the easiest and most effective first line of offense against drunk driving violations and accidents, according Lerner, but the practice is still unfortunately begrudged in the U.S. due to cultural perceptions.

Drunk driving charges can result in license suspension, thousands of dollars in fines, and other charges if connected to an accident. If you’re facing drunk driving charges in Colorado, contact the Colorado Springs drunk driving lawyers with the Bussey Law Firm, P.C. at (719) 475-2555 for a free and confidential consultation.

Holidays are a time for celebration. Unfortunately, sometimes the festivities lead to problems on the highway. Just as local law enforcement officials cracked down on drunk driving in October with a special campaign by the Colorado Department of Transportation, those initiatives will continue throughout the holiday season in November and December.

As part of the state transportation department’s special campaign named “The Heat Is On,” 447 drunk driving arrests were made during the initiative’s period from October 28 to November 1. Across the state, 95 departments and agencies contributed to the efforts. According to data collected by officials, Colorado Springs ranked second highest for the most driving under the influence (DUI) arrests. The municipalities that saw the most activity during the clampdown were:

1. Denver (58 arrests)
2. Colorado Springs (39 arrests)
3. Aurora (21 arrests)
4. Adams County (20 arrests)
5. Thornton (16 arrests)

As with all DUI violations, the individuals arrested faced DUI penalties including the potential suspension of driver’s licenses, over $10,000 in fines, and possible insurance premium increases. Tragically, there were ten alcohol-related accidents in October this year. However, the amount of fatalities has decreased since 2009 when there were 26 deaths, and this may be related to increased enforcement efforts.

Local agencies in Colorado Springs, and across the state, are now preparing for another campaign against drunk driving during Thanksgiving week from November 22 to November 28. If you’ve facing drunk driving charges in Colorado, contact the Colorado DUI defense attorneys with the Bussey Law Firm, P.C. at (719) 475-2555 for a complimentary and confidential review.

Driving a vehicle while impaired by any substance carries serious legal repercussions in Colorado. But charges involving a fatal DUI (driving under the influence) are understandably the most severe. When an individual is charged with driving while intoxicated and causing another person’s death, the result is a felony DUI charge.

In particular, Colorado’s vehicular homicide law covers fatal DUI accidents under section 18-3-106(1)(b)(I) of the criminal code. It states that when an individual drives impaired by alcohol or other drugs, and causes a fatality, “such person commits vehicular homicide.” Typically, an alcohol-related DUI is determined by the driver’s blood alcohol level (BAC). If an individual’s BAC is 0.08 percent or more, he or she is considered impaired by law. However, a BAC reading of 0.05 percent or above, while not implicit, can be used against a defendant by a prosecutor if evidence of mechanical, mental, or physical impairment can be demonstrated.

Conversely, a defense attorney can present evidence that shows the defendant was not impaired at the time of the accident. In the case of DUIs involving drugs or both drug and alcohol use, judging impairment is a bit trickier for officials. A combination of breath, blood, urine, and other field sobriety tests may be administered to determine the type and degree of potential intoxication. The law also stipulates that an individual can be charged and convicted of drug impairment for drugs that were legally prescribed by a physician.

A fatal DUI is a class 3 felony and penalties in Colorado may include a four to sixteen year prison sentence, thousands of dollars in fines, and numerous years of mandatory parole once prison time is completed. A convicted driver may also be responsible for paying punitive damages to the victim(s).

If you’re facing a fatal DUI charge in Colorado, contact the Colorado Springs DUI defense attorneys with the Bussey Law Firm, P.C. at (719) 475-2555 for a complimentary and confidential consultation.

When a person is arrested on suspicion of DUI in Colorado, he may face suspension of his driver's license even if he hasn't been convicted of driving under the influence of alcohol. This type of suspension is known as an administrative license suspension, or ALS. Currently, 41 U.S. states have laws that specifically allow the state's Bureau of Motor Vehicles to suspend the license of drivers arrested on suspicion of DUI, even if there has been no conviction.

An administrative license suspension is triggered by an arrest on suspicion of drunk driving, failure or refusal to take a blood alcohol test, or both, depending on the state in which the person is stopped. Since it is related to the arrest and not a conviction, it can be in effect even before a person has had a chance to speak to a judge or have a trial.

Research indicates that administrative license suspension lowers the number of alcohol-related crashes, as well as the number of people who are convicted multiple times of drunk driving, according to the Insurance Institute for Highway Safety (IIHS). The IIHS recommends long license suspension periods; periods around the U.S. currently vary from 7 days to 90 days or more. Although drivers are allowed to have a hearing to determine whether the suspension is appropriate, these suspensions often place a heavy burden on drivers who rely on their vehicles to travel to work or to transport young, disabled, or elderly family members who cannot drive themselves.

Being arrested on suspicion of a DUI can have serious consequences, and the penalties for being convicted are even tougher. If you're facing DUI charges in Colorado, the experienced Colorado Springs DUI defense attorneys at The Bussey Law Firm, P.C. can help. Call us today at (719) 475-2555 for a free and confidential case evaluation.

Research on sobriety checkpoints tends to agree that checkpoints work best when the community is informed about them ahead of time. When drivers know approximately when, where, and for how long a sobriety checkpoint will be operating, they choose to avoid driving when they believe they may be too impaired by alcohol or drugs to make safe choices behind the wheel or to avoid a possible arrest. The U.S. Supreme Court has ruled that sobriety checkpoints are legal as long as a minimum amount of notice to the community is given. But how much notice is required? Many state courts around the country have given different answers to this question.

For instance, New Hampshire's Supreme Court ruled in 2007 that notice published the same day in at least one newspaper is enough notice of a sobriety checkpoint when the checkpoint itself is also clearly marked with signs indicating what it is for and where drivers should stop. In North Carolina, a Court of Appeals found that an individual driver stopped at a checkpoint did not have to know about it in advance in order for the stop to be constitutional, as long as the driver's Fourth Amendment rights were not violated in any other way at the stop.

If you or someone you love has been charged with driving under the influence (DUI) or driving while impaired (DWI), please don't hesitate to call the experienced Colorado drunk driving defense lawyers at The Bussey Law Firm, P.C. We will work with you to build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. For a free and confidential consultation, call us today at (719) 475-2555.

The minimum legal drinking age is currently 21 years in every U.S. state. However, the minimum age has changed over the years. In the early 1970s, the age was lowered in several states to 18, 19, or 20. Although the minimum legal drinking age is the single best-studied alcohol control policy in the U.S., according to collegedrinkingprevention.gov, questions still remain as to whether or not it decreases the risks of drunk driving and other alcohol-related criminal charges.

A review of studies of minimum legal drinking age laws conducted between 1960 and 2000 found that about one-third of the studies determined that a higher drinking age led to less alcohol consumption. Slightly more than half (58 percent) of the studies reviewed stated that a higher minimum legal drinking age lowered the rate of traffic accidents related to driving under the influence (DUI). While these numbers suggest that a higher minimum legal drinking age may reduce the risk of criminal charges for alcohol-related misbehavior, they are not conclusive.

Studies on college campuses revealed even more mixed results. Of the 64 studies reviewed, not one found any significant relationship between a change in the minimum legal drinking age and the reduction of minors in possession of alcohol or underage DUI related charges on college campuses. Meanwhile, some college administrators say that they have more problems with students being charged because the minimum legal drinking age is higher, and that these problems could be reduced if the drinking age were lowered.

If you've been charged with being a minor in possession of alcohol, a DUI, or other alcohol- or drug-related crime in Colorado, the experienced Colorado Springs criminal defense attorneys at The Bussey Law Firm, P.C. can help. For a free and confidential consultation, call us today at (719) 475-2555.

Sobriety checkpoints are often used in Colorado and other states to deter drivers from getting behind the wheel while intoxicated and to stop any drivers whom police suspect are too impaired to drive. However, being stopped at a sobriety checkpoint may result in a citation or arrest on suspicion of more crimes than merely driving under the influence of alcohol (DUI).

The National Highway Traffic Safety Association (NHTSA) describes Colorado sobriety checkpoints as “a special form of roadside safety checks.” These “safety checks” cover much more than just whether drivers have been drinking alcohol. At most checkpoints, officers follow a specific procedure with each driver that is stopped. This procedure often includes checking the driver's license, registration, and vehicle insurance, if required; checking the vehicle identification number (VIN) visible through the windshields of most cars on the driver's side; and talking to the driver to see if the officer can spot any signs of obvious impairment.

Although sobriety checkpoints are often advertised as a way to stop “drunk drivers,” a driver who is suspected of breaking any motor vehicle law may be ticketed or arrested by police at a sobriety checkpoint. This includes drivers who have suspended licenses, expired vehicle registration or license plate tags, or are engaging in another behavior that police suspect may be illegal. While an expired tag or broken taillight may just get a driver a warning or ticket, the risk exists that a driver may be arrested if police suspect a more serious violation of the law.

If you or someone you love has been arrested or charged with a DUI or other vehicle-related crime, the experienced Colorado Springs drunk driving defense lawyers at The Bussey Law Firm, P.C. can help you. Call us today at (719) 475-2555 for a free and confidential consultation.

Several drivers were cited or arrested for driving under the influence of alcohol or other drugs (DUI) in Colorado Springs and in other Colorado communities this weekend, as Colorado state and local police held sobriety checkpoints intended to cut down on a predicted rise in drinking and driving over the Labor Day Holiday, according to a recent article in the Colorado Springs Gazette.

The sobriety checkpoints included two in Colorado Springs. One was set up on North Powers. This checkpoint stopped 679 over the four hours it was in operation, according to police; a total of eight drivers were cited at this checkpoint on suspicion of violating Colorado’s drinking and driving laws.

The second Colorado Springs checkpoint was located on the northbound side of Academy Boulevard. This checkpoint stopped a total of 741 drivers. Thirteen of the drivers stopped on Academy Boulevard were evaluated on suspicion of DUI or a similar offense, and six were given citations. Five more drivers stopped at the Academy Boulevard checkpoint were cited on suspicion of having open alcohol containers in their vehicles, which Colorado law also prohibits.

These two checkpoints were part of Colorado’s “100 Days of Heat” campaign, which aims to cut down on potential DUIs by warning drivers of increased patrols and checkpoints, so that drivers will choose to ride with a sober driver or take public transportation if they plan to drink alcohol while they are out. During Labor Day, similar campaigns, including increased sobriety checkpoints, were held by police units throughout the United States.

Driving under the influence comes with serious penalties if a driver is convicted. If you’re facing DUI charges in Colorado, the experienced Colorado Springs DUI defense attorneys at The Bussey Law Firm, P.C. can help. For a free and confidential consultation, call us today at (719) 475-2555.

During the upcoming Labor Day holiday weekend, the Colorado Department of Transportation (CDOT), the Colorado State Patrol, and local law enforcement agencies across the state are increasing their patrols of officers looking for drivers who may be intoxicated by alcohol or drugs. The increased patrols include more officers on regular patrol, extra officers conducting saturation patrols, and officers holding sobriety checkpoints at various locations throughout Colorado.

Colorado is increasing its Labor Day patrols in order to combat the statistics that show a rise in driving while intoxicated during summer holidays. They hope that by putting more officers on the road, they will cause many drivers to think twice about driving if they aren’t completely sober, and will be able to stop drivers who try to drive while intoxicated. The patrols are part of a nationwide campaign to “crack down” on DUIs over the Labor Day holiday weekend, known as the “Drive Sober or Get Pulled Over” campaign.

In addition to looking for drivers who may have been drinking, Colorado police officers plan to look for drivers who may be intoxicated or impaired by other drugs, such as marijuana or prescription medications. These substances can also make it harder for a driver to operate a motor vehicle safely, but the signs that someone is impaired by them can be very different from the usual signs of a possible DUI that police are trained to look for.

Increasing police patrols increases the chances of stopping those who should not be driving, but it also increases the chances that an officer may make a mistake. If you have been charged with drunk driving, contact the experienced DUI defense lawyers in Colorado Springs at The Bussey Law Firm, P.C. We can help you understand your legal rights as well as the options available to you. For a free and confidential consultation, call us today at 719-475-2555.

Any driver who is found guilty of driving under the influence of alcohol (DUI) or driving while intoxicated (DWI) faces strict penalties. Some drivers, particularly those who are convicted of a second or later offense in New Hampshire, may be required to have an ignition interlock device installed on their vehicle.

Put simply, an ignition interlock device is a breath testing machine connected to the car’s ignition. The testing machine generally consists of a tube connected to a sensor. Most ignition interlock devices identify alcohol by using an ethanol-specific fuel cell. The cell is covered by a thin layer of platinum, which oxidizes when it comes in contact with alcohol molecules. The machine also contains a sensor that scans for the specific kind of oxidization that occurs when the cell comes in contact with alcohol. If the sensor “sees” this type of oxidization, it sends a signal to the car’s ignition to prevent it from starting. The machine may also make an entry in the device’s computer memory, which can be downloaded later.

The fuel cell technology used in most ignition interlock devices is different from the technology used in most breath testing machines, which typically use infrared spectroscopy to “see” alcohol molecules in a breath sample. Although the fuel cell doesn’t usually give an accurate reading of the amount of alcohol in a breath sample, it is usually accurate at determining whether any alcohol is present or not. Fuel cells are also considerably cheaper than infrared spectroscopy. Since the driver convicted of DUI usually has to pay the cost of installing the ignition interlock device, price matters.

This blog post appears courtesy of Tenn And Tenn, P.A., a New Hampshire based law firm that handles NH DWI cases.

In Colorado, the Department of Motor Vehicles is responsible for keeping track of driver’s licenses. This includes keeping track of traffic violations and other crimes that a driver might be convicted of, so that the Department can suspend or revoke a driver’s license if the law requires it. One way a Colorado driver might face suspension is if he or she receives too many “points” in a certain amount of time.

Driver’s license points are given when drivers are convicted of certain traffic or other offenses. These include convictions for DUI (driving under the influence), hit and run, and driving with a license already suspended or revoked. A driver’s license might be suspended or revoked due to too many points if the driver is 21 years or older and has had 12 points in the last 12 months or 18 points in the last 24 months. For drivers ages 18 to 20, suspension may occur if the driver has 9 points in the last 12 months, 12 points in the last 24 months, or 14 points total while he or she is 18, 19, or 20 years old. Drivers under the age of 18 face suspension if they earn 6 points in 12 months or 7 points total before reaching age 18.

Drivers facing suspension due to points are entitled to a hearing. Experienced Colorado DMV points attorney Timothy Bussey has represented many drivers in DMV hearings, and he can help you fight to keep your driving privileges. To learn more, call The Bussey Law Firm, P.C. today at (719) 475-2555.

An SR-22 is an insurance policy rider that guarantees a car owner’s auto insurance will remain in effect for a certain period of time. Like most U.S. states, Colorado law requires drivers who have their licenses suspended or revoked for driving under the influence (DUI) of alcohol or drugs obtain an SR-22 before the state returns their driver’s licenses. Other convictions that require a license suspension or revocation may also require an SR-22.

An SR-22 is purchased separately from an auto insurance policy, although an insurance agent can provide both. The SR-22 itself is not an insurance policy; rather, it is a promise that a driver will keep their auto insurance policy in effect. If the driver fails to keep up their insurance policy, the insurance company will notify the state of Colorado that the SR-22 is no longer in effect, which can result in additional penalties for the driver. If a driver changes insurance companies, it’s important to make sure an SR-22 for the new policy is in place before the old policy expires.

The cost of an SR-22 is just one of the many expenses that follow a Colorado drunk driving conviction. The conviction may also require the driver to pay fines, pay for substance abuse treatment, pay to have an ignition interlock device (IID) installed on their car, and pay other costs related to the conviction.

If you have been charged with a DUI in Colorado, experienced Colorado Springs DUI defense lawyer Timothy Bussey can help you seek the best possible outcome in your case by fighting aggressively to defend your legal rights in court. To learn more, call the Bussey Law Firm, P.C., today at 719-475-2555 for a confidential consultation.

Drivers who are convicted of driving under the influence of alcohol (DUI) may be required to have an ignition interlock device (IID) installed on their vehicles. The ignition interlock device requires the driver to provide a breath sample before starting the car and at certain intervals while driving. If the device senses alcohol on the driver’s breath, the car will not start. The device automatically logs times, dates, and blood alcohol content (BAC) results, which are downloaded periodically.

For a driver who is convicted of DUI in Colorado for the first time and had a BAC below 0.17 percent, an IID is one option for the driver to get their license back more quickly. After serving 30 days, the driver may have the license returned if the ignition interlock device stays on the car for at least eight months.

Drivers who are convicted of subsequent DUI offenses face a longer IID requirement. Most will have the device on their cars for two years, but a driver who is categorized as a “habitual traffic offender” faces up to four years of using the device.

All drivers who have an ignition interlock device placed on their cars as part of the penalties for a DUI in Colorado receive a restricted license that prohibits them from driving any vehicle without an ignition interlock device. Any driver who is found to have disobeyed this requirement or tampered with an ignition interlock device faces an additional license suspension of up to one year.

Ignition interlock devices are just one of the many penalties a Colorado driver faces if they are convicted of drunk driving. Experienced Colorado drunk driving attorney Timothy Bussey is committed to fighting for the best possible outcome in each case he handles. For a free and confidential consultation, call The Bussey Law Firm, P.C., today at 719-475-2555.

Colorado’s driving under the influence (DUI) laws prohibits drivers from operating a motor vehicle if they have a certain amount of alcohol in their blood. These laws also prohibit “drugged driving,” or driving under the influence of a wide range of illegal drugs, as well as some legal prescription and over-the-counter medications. The rate of deaths from drugged driving has increased in the past few years, according to the Colorado State Patrol, prompting lawmakers to take another look at the legal limits for drugs.

One drug under particular scrutiny is marijuana, which is now used by many Colorado residents as a medication for severe pain, nausea, and other conditions. The Colorado legislature is currently considering a bill that would set the legal limit for THC, marijuana’s active ingredient, at five nanograms per milliliter of blood. A driver who had five or more nanograms per milliliter of THC is in their blood would be prohibited from driving a vehicle under the new law.

Supporters of this bill say that, since many drivers who cause fatal drugged-driving accidents had THC in their bodies at the time, the limit will decrease the number of DUID-related deaths. Opponents, however, point out that patients using marijuana for medical reasons will regularly have this much THC in their systems, putting them at constant risk for arrest, even if they can drive safely.

A DUI conviction comes with serious penalties in Colorado, whether alcohol or other drugs are involved. If you have been charged with a DUI in Colorado, experienced Colorado Springs DUI defense lawyer Timothy Bussey can help you put up an aggressive defense that protects your legal rights and will work diligently for the best possible outcome in your drunk driving case. For a free and confidential consultation, call The Bussey Law Firm, P.C. today at 719-475-2555.

With 416,427 people, Colorado Springs is the most heavily populated city in Colorado’s El Paso County, and the 41st most heavily populated city in the nation. Situated on Fountain Creek, a 74.5 mile long stream that traverses El Paso and Pueblo counties, the city spans 186.1 miles, which makes it Colorado’s largest area city, and is located 61 miles south from Denver, the state capitol, in south-central Colorado. The city stands at more than a mile above sea level, at 6,035 feet, though there are areas of the city that are much higher as the city is situated near the edge of the southern Rocky Mountains at the base of the well-known Pikes Peak mountain. It was also named the number one best city in Outside magazine’s 2009 America’s Best Cities list.

As one of the most densely populated cities in Colorado and across the nation, Colorado Springs sees its share of DUI arrests. According to the Federal Bureau of Investigation (FBI) Uniform Crime Reports, 28,198 people were arrested for driving under the influence in Colorado in 2008, including 435 minors. In 2009, 27,043 people were arrested for Colorado DUI, including 392 minors.

If convicted, a person charged with DUI or DWAI in Colorado may be required to pay fines, complete Useful Public Service hours, serve jail-time, and may be placed on probation. This is why it is important for any individual arrested for DUI in Colorado to be familiar with their legal rights and seek help from an experienced Colorado DUI lawyer.

The knowledgeable Colorado Springs DUI attorneys at The Bussey Law Firm, P.C. have a thorough understanding of Colorado DUI laws and a successful track record of protecting the legal rights of their clients. If you have been arrested for DUI in Colorado, contact our office for a consultation today at 719-475-2555.

The final judgment on a DUI case isn’t always the end. Colorado realized this in December 2009 when the Colorado Springs Police Department announced that chemist error had inflated blood alcohol content results for, at the time of their announcement, 82 drivers at the Metro Crime Lab.

The flawed DUI tests in Colorado Springs caused quite an uproar, especially for drivers who had been convicted of a DUI between 2007 and 2009. Once this announcement was made, Timothy Bussey of The Bussey Law Firm, P.C., received several calls from clients who were concerned about their cases.

To get to the bottom of the matter, Mr. Bussey filed a request for a Colorado Open Records Act. Although Mr. Bussey did not receive all the information he had hoped, he was, nevertheless, provided with some very useful information. The disclosed information proved that chemist error was the reason for the inflated BAC results. The investigation concluded that a total of 206 DUI tests had been faulty. Of these, nine cases were affected.

With the help of a dedicated DUI defense lawyer, the Colorado Springs Metro Crime Lab situation was identified, contained, and rectified where possible. The following actions were taken to repair the situation:

1. Charges were dropped or reduced;
2. Refunds were issued for court fees;
3. The forensic chemist responsible was no longer employed by the Colorado Springs Police Department;
4. The Metro Crime Lab voluntarily relinquished their DUI testing certification; and
5. The police department would conduct stricter proficiency exams for chemists in the future.

If you have been charged with a DUI in Colorado as the result of a faulty BAC, experienced Colorado Springs DUI defense lawyer, Timothy Bussey, will investigate the details of your case and help you build a strong defense. Mr. Bussey has a critical understanding of the science behind the Colorado DUI investigation process. He has years of experience both in prosecution and defense of DUI cases, which he uses to ensure that his clients are treated fairly. Contact Mr. Bussey today at (719) 475-2555 for a free and confidential consultation.

Generally, Colorado law states that a person is prohibited from driving any vehicle while under the influence of alcohol or drugs (DUI), or driving while ability impaired by alcohol or drugs (DWAI). A person is considered DWAI if their blood alcohol content (BAC) is determined to be more than 0.05, but less than 0.08. Picking up where DWAI leaves off, a person is considered DUI if their BAC is at least 0.08. If a person’s BAC is much higher, they may be considered a “persistent drunk driver” and thus be subject to harsher penalties.

A person’s BAC can be identified from a variety of tests: Blood, breath, urine, or saliva. If a person refuses to take any of these tests when requested to do so, that refusal is admissible in court as well as grounds for revocation of a driver’s license. Depending on the results of one of these tests (or the refusal of), the Colorado court and the Colorado Department of Revenue will impose both criminal and administrative penalties respectively.

The severity of Colorado DUI/DWAI criminal penalties and administrative penalties is determined by the person’s BAC, as well as any previous offenses. If the offender is under 21 years of age, a separate set of penalties are imposed. Additionally, if an injury or death is associated with the DUI/DWAI, consequences will be more severe. The general range of criminal DUI and DWAI penalties for persons over the age of 21 is as follows:

• As short as 2 days, or as long as 1 year in jail;


• Fines of up to $1,500; and


• A minimum of 24 hours of public service and a maximum of 120 hours.

Colorado administrative penalties are as follows:

• 3 months to 2 years driver’s license suspension (1st DWAI violation excluded); and


• Zero to 12 points against one’s driver’s license.

It is essential that anyone charged with a DUI or DWAI in Colorado be well informed of their rights, as well as the potential consequences. If you have been charged with a DUI or DWAI in Colorado, an experienced Colorado Springs DUI defense lawyer can help you determine the best course of legal action. The knowledgeable Colorado criminal defense attorney, Timothy Bussey, of The Bussey Law Firm, P.C., has the skills and resources to build a strong defense on your behalf. Call 719-475-2555 for a free initial consultation.

KRDO reports that the Colorado State Patrol recently released data regarding the number of DUI arrests during their St. Patrick’s Day DUI crackdown, which was a part of their “Heat is On” campaign. The crackdown began on Friday, March 11, and lasted until early Friday morning, March 18. During that time period, 682 people were arrested for allegedly driving under the influence in the state. This came close to when 688 people were arrested in 2010, which was a record number of arrests made during a St. Patrick’s Day period of enforcement.

The article reports that in Colorado Springs, the Colorado Department of Transportation teamed up with Designated Driver of Colorado Springs, an agency that offers drivers a sober ride home in their own vehicle for free. During the St. Patrick’s Day enforcement period, 283 sober rides were given. The night of St. Patrick’s Day, 91 sober rides were given, which set a record number of rides given in a single night. The previous record was 72. Remember to plan ahead by designating a sober driver or taking advantage of programs such as Designated Driver to avoid Colorado DUI charges.

It is important to remember that during increased patrols and enforcement periods over holidays, along with an increased number of motorists on the road, it is possible for wrongful drunk driving arrests to be made. Typically, Standardized Field Sobriety Tests (SFSTs) are used by law enforcement officials to determine whether a motorist is driving under the influence of drugs or alcohol. However, it has been shown that SFSTs can be subjective, and often a DUI arrest is made based on opinion rather than concrete evidence. It is crucial to remember that if you are ever arrested for a DUI in Colorado, you should never admit guilt. Doing so could negatively affect whether you are able to successfully fight the charges made against you with the help of a skilled Colorado Springs DUI defense lawyer.

Timothy Bussey, a highly skilled attorney at The Bussey Law Firm, P.C., has successfully represented those who have been arrested for a DUI in Colorado, as well as various other crimes. To learn how Mr. Bussey can help you, call 719-475-2555 today.

Recently, KDVR reported the proposal of Colorado Senate Bill 107, which, if passed, would create an exception to the limit in place on noneconomic damages a victim can recover in a civil action. Specifically, the bill would allow for such actions in regards to damages resulting from alcohol or drug-related accidents in civil DUI cases.

In 1986, a cap for damages was set at $250,000 and steadily increased with inflation. Now, the cap is close to $462,000. Many Colorado Senators have stated that they believe making drunk drivers liable to pay victims more in damages could deter such behavior in the future. However, those in opposition have said most of those convicted of a DUI in Colorado aren’t able to pay victims much, regardless of whether there is or isn’t a cap. Many worry that doing away with the cap would set back tort reform.

Following testimony from DUI accident victims, however, the bill passed the Senate Judiciary Committee by a 6-3 vote. The bill has since been referred to the full Colorado Senate for consideration, which has been delayed at least once.

As Colorado Senate Bill 107 demonstrates, anyone in Colorado who is charged with a DWI or DUI has it in their best interest to consult a highly skilled attorney in order to build a strong defense to fight the charges made against them. The penalties for being convicted of a drunk driving charge are severe, especially when another person has been injured. You may face heavy fines and even jail time. The exceptionally trained and experienced Colorado drunk driving attorneys at The Bussey Law Firm, P.C. have successfully represented clients in Colorado courts for many years. We can aggressively fight on your behalf. Call 719-475-2555 to learn more.

Colorado Springs, CO has an estimated population of approximately 414,358 as of 2009, making it the second most populated city in the state (behind Denver, the state capitol) and the 46th most populous city in the U.S. The city is about 61 miles from Denver, and covers 186.1 square miles, which is the state’s largest city in regards to area. Colorado Springs is positioned over a mile above sea level at the base of Pikes Peak, which is a mountain in the Front Range of the Rocky Mountains. The city was selected as one of the country’s best cities in 2009 by Outside magazine.

When compared to cities of similar size, the crime rate of Colorado Springs is relatively low, for both violent and property crimes. In 2009, the city reported 15 murders, 342 rapes, 252 robberies, and 1,084 aggravated assaults, which results in a violent crime rate of about 4.8 per 1,000 citizens. This is significantly lower than the national violent crime rate, which is 8.6 per 1,000 citizens for cities with a population of 25,000 to 499,000. That same year, Colorado Springs reported 3,305 burglaries, 10,340 larceny thefts, and 1,048 motor vehicle thefts, which results in a property crime rate of about 35.9 per 1,000 citizens, which is again lower than the national property crime rate, which is 45.9 per 1,000 citizens. However, such crime rates do not mean false accusations and improper arrests are never made. There is still a definite need for experienced and skilled Colorado Springs criminal defense lawyers to provide those accused of crimes proper legal counsel and representation.

As a state, Colorado aggressively targets drunk driving with its “The Heat is On” campaign, which significantly increases DUI enforcement during 12 periods throughout the year. In particular, Colorado Springs is often at or near the top in regards to the number of drunk drivers arrested in the state during certain time periods. For example, over the Thanksgiving holiday weekend in 2010, Colorado Springs police arrested 38 individuals for DUIs, the second most out of any city in the state, behind Denver, at 46 arrests.

At The Bussey Law Firm, P.C., our Colorado Springs DUI attorneys have successfully helped those accused of DUI charges as well as various crimes in Colorado. If you have been charged with a crime or DUI in Colorado, call 719-475-2555 to schedule a free consultation today.

The Journal Advocate reports that that Colorado State Patrol (CSP), along with local law enforcement agencies, is stepping up to crack down on drunk driving during St. Patrick’s Day this year.

The “Heat is On” is an ongoing CSP campaign that targets drivers that are impaired, particularly during certain holiday periods. This particularly campaign began on Friday, March 11, and will continue until early Friday morning, March 18. The goal is to decrease drunk driving-related incidents around St. Patrick’s Day. Along with the CSP, other police departments across the state have increased their patrols and have planned saturation patrols to catch impaired drivers.

In preparation for St. Patrick’s Day, the Colorado Department of Transportation expanded the coverage of the smartphone application “R-U-Buzzed”, which began several years ago for iPhone users. This free app is now available on iPhones as well as Android smartphones and with it, users are able to enter their gender, weight, the time they have spent drinking as well as the number of drinks they have consumed to determine their blood alcohol level (BAC).

According to 9 News, last year the “Heat is On” campaign set a record for the number of DUI arrests made during a St. Patrick’s Day period of enforcement. During the six day period, 688 people were arrested on suspicion of driving under the influence. Five people died in car accidents during that time; however, it is not known whether alcohol was a factor in those crashes.

This St. Patrick’s Day, plan ahead to avoid putting your life and the lives of others in danger by arranging to have a designated driver or taxi take you home. Doing so can also prevent a Colorado Springs DUI arrest. However, if you are charged with drunk driving in Colorado, it is important for you to remember you have certain legal rights.

You may feel that there isn’t a choice other than admitting guilt following a DUI arrest, but you should be aware that with aggressive and skilled representation by a Colorado DUI attorney, you may be able to have the penalties reduced or receive alternative sentencing. At The Bussey Law Firm, P.C., our lawyers have many years of experience putting a strong defense together for our clients and successfully obtaining the best possible outcome for them. To learn more, call 719-475-2555.

The criminal justice community in Denver has proposed to open a DUI court in April that would send repeat offenders to intensive treatment rather than jail, reports The Denver Post.

The concept of the court is comparable to many other treatment courts in the state, and has the support of public defenders and prosecutors, as well as advocacy groups and crime commission leaders in the city. Under the proposed system, a driver caught intoxicated three times, or second-time DUI offenders with a high blood alcohol level (BAC), would qualify for the treatment. The program is projected to be in-depth treatment for addiction with close court supervision for 19 months, begun during a mandatory, but short, jail sentence. When the offender is released, they would be required to meet twice a month with a group that would potentially include treatment counselors, probation officers, a judge, and attorneys.

Since March, Denver County Court officials along with others have raised about a half million dollars in grants for a new county court marshal to run the proposed court and new probation officers. The court aims to take on about 200 offenders annually, which would save over $850,000 on expenses of jail beds and other courts.

However, issues have arisen regarding the details about how the court would be run, who would pay for the court, and what role public attorneys would have and the proposed Denver DUI court is under debate.

It is important to remember you have legal rights if you have been charged with or arrested for drunk driving in Colorado. You may feel there are no choices left but to admit guilt after a charge or an arrest, but you should be aware that with aggressive and experienced representation by a skilled Colorado Springs DUI lawyer, a strong defense can be put together on your behalf. You may be able to be given alternative sentencing or reduced punishment. The attorneys at The Bussey Law Firm, P.C. have the skills and resources needed to help you obtain the best possible outcome in your case. Call 719-475-2555 today.

The U.S. Department of Transportation (DOT) reports that new technology is being developed to help prevent alcohol-impaired drivers from operating their motor vehicles. The $10 million research program is jointly funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety, a group that represents many car manufacturers from around the world.

The technology is called Driver Alcohol Detection System for Safety (DADSS), and would measure whether a driver has a blood alcohol content (BAC) at or above the nation’s legal limit of .08 percent, and if so, the system would prevent the vehicle from starting. DADSS would use sensors to measure a driver’s BAC in two ways: analyzing a driver’s breath or through the driver’s skin by using touch-based sensors strategically placed on door locks and steering wheels, common places a driver touches. Both methods eliminate a driver needing to take extra steps to start the vehicle, unlike ignition interlock devices (IIDs), which require a breath test from a driver every time they use a vehicle.

According to the DOT, the technology is eight to 10 years away from everyday use in cars. It has also been emphasized that DADSS is envisioned as optional for future cars, and would be voluntary for car makers. Critics of the technology doubt it can ever be perfected to the point where DADSS would be completely reliable and not prevent sober drivers from driving.

Colorado ignition interlock devices are required to be installed in all vehicles a convicted drunk driver may drive under the following circumstances:

• A person convicted of their first DUI or DWI is required to have an IID in their vehicle(s) for eight months;
• A person convicted of their first offense with a BAC or .17 or greater is required to have an IID in their vehicle(s) for two years;
• A person convicted of a second or third DWI is required to have an IID in their vehicle(s) for two years;
• A person convicted of a second DUI within five years of a third DUI is required to have an IID in their vehicle(s) for two years; and
• A person deemed a “Habitual Offender” is required to have an IID in their vehicle(s) for four years.

Anyone charged with a DUI or DWI in Colorado has it in their best interest to fight the charges made against them, or face severe penalties, fines, and possible jail time. At The Bussey Law Firm, P.C. our highly skilled Colorado Springs DUI lawyers have the resources and experience that are required to aggressively fight for the best possible outcome in your drunk driving case. Call 719-475-2555 to schedule a free consultation with one of our attorneys today.

According to KRDO News Channel 13, statistics for drunk driving arrests in Colorado over the holiday period of November 23, 2010 and January 2, 2011 were recently released by Colorado State Patrol (CSP) police.

Over the holiday period between 2010 and 2011, law enforcement officials arrested 1,556 people during what the CSP calls their ongoing “Heat is On” campaign, which targets impaired drivers, particularly during the holiday seasons. During the time period, 41 people lost their lives in traffic accidents in Colorado, and 14 of those fatalities, approximately 34 percent, were the result of an alcohol-related crash.

During Thanksgiving week, there were five alcohol-related traffic accident fatalities in Colorado out of a total of 6 fatalities. During the month of December, 9 people lost their lives in alcohol-related accidents. From New Year’s Eve through the weekend, there weren’t any alcohol-related traffic crash deaths.

Last year, in 2009, there were 41 fatalities in traffic crashes over the same holiday period, but only 11 people, about 27 percent, died in alcohol-related accidents. There were 1,630 DUI arrests during the same time period.

With increased patrol and enforcement over the holidays, as well as with a higher number of motorists on the road, improper arrests for drunk driving in Colorado can occur. Often, law enforcement officials use Standardized Field Sobriety Tests (SFSTs) to determine whether an individual is driving while intoxicated (DWI) or driving under the influence (DUI). However, SFSTs have been shown to be very subjective and arrests can be made based upon a police officer’s opinion instead of concrete evidence.

While the holiday season has passed, it is important to remember to plan ahead when celebrating any event to prevent alcohol-related traffic accidents and possible drunk driving charges in Colorado. Doing so could save your life and the lives of others. Additionally, the penalties of a drunk driving conviction in Colorado can be steep and may include jail time and heavy fines.

If you have been charged with drunk driving in Colorado, remember that you have legal rights. It may be easy to feel that there are no choices left but to admit guilt following an arrest. However, it is important that you are aware that with aggressive representation, a strong defense can be built on your behalf, which may result in reduced punishment or alternative sentencing. At The Bussey Law Firm, P.C. our Colorado DUI lawyers have the necessary experience and skills to work hard to earn you the best possible outcome in your case. Call our law office today at 719-475-2555 to schedule a free consultation.

The number of Colorado car accidents involving at least one person who was driving under the influence or driving while intoxicated has been declining steadily during the second half of this decade, according to the Colorado State Police.

From 2004 to 2008, the Colorado State Police have responded to fewer crashes each year involving an intoxicated person. In 2004, the state police responded to nearly 1,200 such accidents. By 2008, however, they were responding to just over 600 crashes, a decrease of nearly fifty percent. According to the state police, in 2008, 59.9 percent of the accidents involving an intoxicated person resulted in no injuries or deaths. That number jumped to 84.6 percent when the intoxicated person was not the one who caused the accident.

The number of crashes that involved an intoxicated person and resulted in injury remains a minute portion of the number of Colorado car accidents that leave someone injured. While car accidents have been declining steadily since 2004, the Colorado State Police still responded to nearly 4,000 crashes in 2008, of which a mere handful involved a drunk driver.

Heavier penalties, regular enforcement, and public transportation options are all credited with helping people who drink to stay off the roads. When an accident involves an injury, police may also suspect the drivers of drinking, even if both are sober. The symptoms of shock, head injuries, and other conditions caused by the accident may also mimic intoxication, which can lead to an improper arrest.

If you or a loved one has been arrested for or charged with drunk driving, you need aggressive representation to sort out the facts and to fight for your rights in court. The skilled Colorado Springs DUI attorneys at The Bussey Law Firm, P.C. have the legal resources and courtroom experience to fight for the best possible outcome in your Colorado drunk driving case. Call The Bussey Law Firm, P.C. today at 719-475-2555 for a free and confidential case evaluation.

A Colorado drunk driving conviction comes with heavy consequences, including the loss of your state driver’s license. In order to regain your driving privileges after a drunk driving conviction in Colorado, you may be required to file an SR-22 insurance form with the Colorado Division of Motor Vehicles.

The SR-22 form is a guarantee from your insurance company to the state of Colorado that verifies that you have auto insurance coverage that meets state law requirements. The form is not insurance itself, but it can be purchased along with your auto insurance. Your insurer may also be willing to file the form with the Colorado DMV on your behalf for a modest fee.

State law requires you to file an SR-22 and keep your auto insurance up to date after a drunk driving conviction in Colorado. The period of time you must have an SR-22 varies, but it can last up to several years. If you don’t keep your SR-22 up to date, the Colorado DMV may suspend your driver’s license. Driving with a suspended license is a crime in Colorado, and if you are convicted of it, you will face a new set of penalties, including heavy fines and the possibility that your license will be revoked.

A Colorado drunk driving conviction affects many areas of your life, including the requirements you must meet to get auto insurance. Presenting an aggressive defense to a drunk driving charge can help you avoid or reduce these strict penalties. At The Bussey Law Firm, P.C., our Colorado Springs drunk driving defense lawyers have the legal resources and courtroom experience that is needed to fight hard on your behalf. For a free and confidential consultation, please don’t hesitate to call The Bussey Law Firm, P.C. today at 719-475-2555.

No one ever expects they will be arrested for a DUI in Colorado. They also probably aren’t aware of the consequences the DUI may have on their car insurance if they are convicted. In this two part blog series, we will address how your auto insurance can be affected by a DUI.

Getting convicted of drunk driving in Colorado almost always results in money out of your pocket. You may be required to pay fines, court fees, rehabilitation fees, the costs of car repairs or rehabilitation, and more. You can also expect to pay more for your car insurance.

Colorado drivers are required to carry auto insurance that meets minimum limits of coverage. The rates you pay for this insurance depend on a number of factors, but your safe driving record is heavily weighted in most insurance companies’ decisions about what to charge you for insurance. A Colorado drunk driving conviction may influence your insurer to raise your premiums or to drop your coverage altogether.

If you can’t afford your regular insurance or your insurer refuses to cover you, you may be able to get insurance from either an insurance company that specializes in high-risk drivers or from the state’s high-risk insurance pool. High-risk insurers offer nonstandard insurance for high-risk drivers, which usually comes at a high price. Those who buy state-created high-risk insurance usually do it as a last resort, because this type of insurance is usually far more expensive than what’s available in the private market.

Refer back to our blog later this week for part II to learn more about how a DUI can alter your auto insurance. At The Bussey Law Firm, P.C., our Colorado Springs drunk driving defense lawyers know how important it is for you to understand the laws surrounding DUIs in Colorado. If you have been arrested for a DUI, call us today at 719-475-2555 to learn more about your legal rights and how we can help.

The holidays are a great time to spend time celebrating with friends, family, and coworkers. Unfortunately, over 30,000 Colorado residents are arrested for driving under the influence, or DUI, every year. Many of these drivers are arrested during the holidays, when Colorado increases the number of police officers scouring the streets for drunk drivers.

You can help yourself and your loved ones avoid a DUI charge in Colorado this year by planning ahead. For instance:

• Choose a designated driver before the festivities begin. Your designated driver should be someone who is not drinking alcohol at all that night, not merely the person who is least drunk.
• If you don't have a designated driver you trust, call a cab or use public transportation.
• Host the party yourself so that you do not have to drive. If you host, offer plenty of non-alcoholic drinks as well as snacks and activities that don't require drinking to have fun.

A Colorado DUI charge is the holiday gift no one wants. However, if you do receive a DUI or DWAI charge over the holidays, an aggressive defense is often the only way to win the best possible outcome in your case. The experienced Colorado Springs drunk driving defense lawyers at The Bussey Law Firm, P.C. have the resources and courtroom experience that is needed to fight hard on your behalf. Call The Bussey Law Firm, P.C. today at 719-475-2555 for a free and confidential case evaluation.

A conviction for drunk driving in Colorado carries with it a wide range of penalties. In addition to possible jail time and loss of driving privileges, a conviction for a DUI or DWAI means points on your license. If you earn too many points in a certain amount of time, your drivers’ license may be suspended or even revoked.

For each conviction of driving while intoxicated (DWAI), the Colorado Division of Motor Vehicles puts eight points on the drivers’ license. Each conviction of driving under the influence or DUI earns 12 license points. Those who are convicted of drinking and driving while under age 21 (sometimes referred to as a “baby DUI”) receive an additional 4 points on their licenses.

DUI license points in Colorado are a serious issue. The Division of Motor Vehicles can suspend the drivers’ license of anyone 21 or older who accumulates 12 points in 12 months or 18 points in 24 months. Young adults between ages 18 and 21 have their licenses suspended if they collect 9 points in 12 months, 12 points in 24 months, or 14 total points between ages 18 and 21. Drivers under age 18 face license suspension if they get 6 points in 12 months or 7 points before turning 18.

Administrative penalties like license points add up to a heavy burden. If you're facing a drunk driving charge in Colorado, you need an aggressive defense to help you win the best possible outcome in your case. The experienced Colorado drunk driving attorneys at The Bussey Law Firm, P.C. have the legal resources and courtroom experience to fight for you. For a free and confidential case evaluation, call The Bussey Law Firm, P.C. today at 719-475-2555.

A DUI conviction in Colorado comes with heavy penalties for drivers; among these is the suspension of your drivers’ license. In some cases, you may receive a restricted drivers’ license after a DUI/DWAI conviction, but only if you accept the requirement of having an ignition interlock device installed on your vehicle.

A Colorado ignition interlock device requires a breath test from the driver each time he or she uses the car. If the device detects alcohol on the drivers’ breath, it will not allow the car to start.

Colorado law requires drivers convicted of drunk driving to have an ignition interlock device installed in their vehicles in the following circumstances:

• First offense (DUI or DWAI): Eight months with an ignition interlock device after serving 30 days and being approved for early reinstatement, starting in 2009.
• First offense with a blood alcohol content (BAC) of 0.17 or greater: Two years with an ignition interlock device, starting in 2007.
• Second or Third DWAI: Two years with an ignition interlock device.
• Second DUI in Five Years or Third DUI: Two years with an ignition interlock device.
• Habitual Offender: Four years with an ignition interlock device, after serving one year and being approved for early reinstatement, after July 2000.

If you are convicted of drunk driving in Colorado and you refused to take a breath test when you were stopped, you may also be required to use an ignition interlock device if you refused on your second, third, or later conviction.

Losing your license or driving on a restricted license is a serious consequence of a Colorado drunk driving conviction. To challenge a Colorado DUI or DWAI charge, you need aggressive representation backed up with courtroom experience. The Bussey Law Firm, P.C. has the legal resources and practical experience needed to fight for the best possible outcome in your Colorado DUI/DWAI case. Call The Bussey Law Firm today at 719-475-2555 for a free and confidential case evaluation.

The National Highway Traffic Safety Administration (NHTSA) has released several guides for state and local law enforcement officials seeking to find ways to curb underage drinking. The guides include a list of programs that states like Colorado have found successful in preventing underage driving under the influence (DUI) or driving while intoxicated (DWI).

For example, making regular compliance checks on places that sell alcohol has helped cut down on minors buying alcohol illegally. Although the rules that govern compliance checks vary by state, in most cases, an undercover law enforcement agent will pose as a minor trying to buy alcohol to check that the place selling the alcohol doesn’t sell to people under age 21.

A similar program is the Cops in Shops program. Originally designed by Delaware police, the Cops in Shops program posts undercover police officers in stores that are suspected of selling alcohol to minors. The officers then arrest or ticket minors who try to buy alcohol, as well as adults who are buying alcohol for minors. According to NHTSA, the risk of arrest for attempting to buy alcohol is one many people are not willing to take.

Compliance checks and Cops in Shops are two ways people trying to purchase alcohol may find themselves surprised by police officers. If you or someone you love has been arrested for or charged with DUI, DWI, or another alcohol-related offense, you need an experienced Colorado Springs criminal defense lawyer on your side. The legal team at The Bussey Law Firm, P.C. has the resources and experience to fight for the best possible outcome in your case. To see if The Bussey Law Firm, P.C. can help you, call 719-475-2555 today for a free and confidential case evaluation.

When the arresting officer takes a driver accused of driving while ability impaired into custody, it may be easy for an individual to feel like there is no choice but to admit guilt. What may not cross his or her mind is the fact that even if they did poorly on their field sobriety tests, there is still an opportunity to present a strong defense in a court of law. A skilled attorney in Colorado will be able to educate you about your rights and what kind of DUI defenses in Colorado may fit your particular situation.

Some valid defense questions may include:

• Were all Standardized Field Sobriety Tests (SFSTs) performed up to federal regulations? These kinds of tests can be subjective and may be made based on an officer’s opinion rather than concrete evidence of a DUI.
• Does the accused offender have a medical condition that may have caused him to drive in an unusual manner?
• If a chemical test was given, was all the equipment up to par and working properly?
• Was there a legal reason for the officer to pull the accused driver over? If no reasonable cause can be found, charges may be dismissed.

A DUI conviction comes with heavy penalties that can affect your entire future. A guilty plea before properly assessing all of your options with a Colorado Springs drunk driving attorney would be a mistake that could cost you. The DUI attorneys at The Bussey Law Firm, P.C. have the tenacity, knowledge and skill to build you a strong defense against a drunk driving charge. If you or a loved one is facing a Colorado DUI, please contact us at (719) 475-2555 to learn more about your legal rights and how we can help protect them.

Colorado is a destination spot for many out of state tourists. With its lush landscape, rich history and bustling metropolitan regions, it’s no wonder why many people find the state so appealing. However, with so many out of state drivers venturing in and out of Colorado on any given day, the risk of out of state drivers and a Colorado DUI citation is ever present. A lot of out of state drivers think that because they don’t make their home in Colorado, nothing will happen to them if they choose to drink and drive. That assumption could not be further from the truth.

Not only do out of state drivers face penalties in Colorado, but they will also face a license suspension in their home state. In a lot of cases, driving privileges in their home state will not be restored until they have completed their obligations in Colorado. Depending on if the offending driver has prior DUI convictions, he or she may have their driving privileges suspended indefinitely in Colorado, even if they never plan on driving here again. In fact, in addition to penalties from both the home state and Colorado, the offender will be required to appear at all court proceedings or hire an attorney to appear in their place.

If you or someone you love has been charged with a DUI in Colorado and you are not a resident of the state, contacting a Colorado DUI attorney would be a smart move. The lawyers at The Bussey Law Firm, P.C. understand that a DUI charge can leave you scared, anxious and overwhelmed. Our attorneys have handled a large number of Colorado DUI cases and will aggressively fight to protect you and your legal rights. To learn more about The Bussey Law Firm, P.C. and how we can help you, please call (719) 475-2555.

The National Highway Traffic Safety Administration (NHTSA) has released several guides for state and local law enforcement officials seeking to find ways to curb underage drinking. The guides include a list of programs that states like Colorado have found successful in preventing underage driving under the influence (DUI) or driving while intoxicated (DWI).

For example, making regular compliance checks on places that sell alcohol has helped cut down on minors buying alcohol illegally. Although the rules that govern compliance checks vary by state, in most cases, an undercover law enforcement agent will pose as a minor trying to buy alcohol to check that the place selling the alcohol doesn’t sell to people under age 21.

A similar program is the Cops in Shops program. Originally designed by Delaware police, the Cops in Shops program posts undercover police officers in stores that are suspected of selling alcohol to minors. The officers then arrest or ticket minors who try to buy alcohol, as well as adults who are buying alcohol for minors. According to NHTSA, the risk of arrest for attempting to buy alcohol is one many people are not willing to take.

Compliance checks and Cops in Shops are two ways people trying to purchase alcohol may find themselves surprised by police officers. If you or someone you love has been arrested for or charged with DUI, DWI, or another alcohol-related offense, you need an experienced Colorado Springs criminal defense lawyer on your side. The legal team at The Bussey Law Firm, P.C. has the resources and experience to fight for the best possible outcome in your case. To see if The Bussey Law Firm, P.C. can help you, call 719-475-2555 today for a free and confidential case evaluation.

It can be a scary feeling when you see those red and blue flashing lights in your rearview mirror. However, you must stay calm and pull over to the side of the road safely when you've been stopped for DUI. Be courteous to the officer when he asks for your license and registration. If the officer suspects you of driving while intoxicated, he may ask you to perform one or more Standardized Field Sobriety Tests (SFSTs). It may be in your best interest to refuse the roadside tests. These tests vary from following a pen light with your eyes to reciting the alphabet and standing on one leg.

The officer may ask you to submit to a chemical test which requires a breath, blood or urine sample in order to determine your blood alcohol level (BAC). In the state of Colorado, a BAC of .05% is the legal limit for a DWAI (driving while abilities impaired) and the legal limit for a DUI is .08%. You do not have to submit to a chemical test. However, if you refuse a chemical test, you may lose your driver’s license for a year.

Both DUI and DWAI violations carry penalties that are best avoided by refraining from driving if you have been drinking. If you or someone you love has been charged with driving under the influence of alcohol or drugs, retaining the services of an experienced Colorado Springs drunk driving lawyer can help you out considerably. The attorneys at The Bussey Law Firm, P.C. have years of experience helping those who have been charged with DUI and DWAI violations in Colorado. Depending on the circumstances of your arrest, our attorneys may be able to get your charges lessened or dismissed. For more information, please call us at (719) 475-2555.

Many drivers forget that the decisions they make in their personal lives can have profound effects on their careers. A DUI conviction in Colorado stays on a person’s record for life and many professional licensing boards require you to report DUIs and other convictions in order to keep practicing. People who work in professions such as commercial truck driving, maritime, dentistry, registered nursing, piloting and others risk the suspension or revocation of not only their driver’s license, but their professional license as well.

While many drivers think that a “couple of beers” aren’t cause enough to jeopardize their livelihood, Colorado law and professional licensing boards say otherwise. In addition to possible revocation of your professional license, court appearances, possible jail sentences and community service hours may keep you from going to work, which may cause you to lose your job. DUI convictions come with steep fines and if the accused cannot get to work, he or she cannot make the money needed to pay those fines. So as you can see, understanding the relationship between a Colorado DWI and your career is of the utmost importance.

All in all, the best decision you can make to avoid jeopardizing your job, safety and the safety of others is to remain sober if you plan to drive. Should you find yourself facing a DWI, DUI or DWAI in Colorado, it would be in your best interest to seek the legal guidance of a reputable Colorado DWI attorney like those at The Bussey Law Firm, P.C. Our attorneys have years of experience handling a variety of DUI cases and will help you understand your rights and make the best decision for you and your situation. Call us today at (719) 475-2555 to learn how we can help you.

The legal process for a DUI charge in Colorado begins a short time after the initial arrest. A Complaint will be filed, which is a legal document that states the crimes that the offender is accused of. After your DUI charges are filed, there will be a Summons to appear in court and then the Arraignment. The Arraignment is a scheduled court appearance where the accused will have the opportunity to plead guilty or not guilty. If he or she pleads guilty, there will be no trial as the judge will issue a sentence at that time. If the offender pleads not guilty, the case will move to trial. It would be in the driver’s best interest to acquire an experienced Colorado DUI attorney to help them through this entire process as the driver probably won’t know how to fully protect all of their rights under Colorado law. Not only that, if the case does go to trial, they’ll need an attorney for the Motion Hearing, which is where requests are made to make certain evidence inadmissible in court.

There is one more step before the trial begins. A meeting can be set up with the prosecutor called a Pre-Trial Conference. A Pre-Trial Conference comes before a Motion Hearing. The different County Court Divisions handle the cases differently. Here, the offender may enter into a plea bargain where he or she admits to drinking and driving in exchange for a lesser sentence. Entering into a plea bargain waives the offender’s Constitutional right to a trial. Should the driver decide to continue on to trial, the case will be heard in front of a judge and a jury. If the accused driver is convicted, they may Appeal the verdict.

If you or someone you love has received a citation for driving under the influence of alcohol, you’ll want to get in contact with an experienced Colorado Springs drunk driving defense attorney as soon as possible. You may not be aware of all of your legal rights and a reputable lawyer like those at The Bussey Law Firm, P.C. will be able to explain all of your options so that you can make an informed decision. To schedule a free and confidential consultation with one of our knowledgeable Colorado DUI attorneys, call (719) 475-2555 today.

Being pulled over and cited for a DWAI, DWI or DUI can be very stressful. However, it’s imperative that you remain calm and call a reputable Colorado DWAI attorney as soon as possible. Choosing the right Colorado DWAI attorney for you doesn’t have to be a daunting task. First, ask your friends and family if they have any personal references. The Internet is a valuable resource to find law firms and attorneys in your area as well.

You can also call the law firms in your area and ask which one of their attorneys practices DWAI law. Once you have narrowed down your list, call the Colorado state bar association to find out if any of the lawyers you’ve chosen have outstanding complaints against them. Set up free consultations with a handful of your choices and get a feel for who they are and how your case will be handled. Make sure you take notice of how each attorney speaks to you. Are they attentive? Do they seem interested in your case? How many DWAI cases have they handled and how many years have they been practicing law? It’s important to have all of your questions answered before making a final decision. When it comes to DWAI, DWI and DUI charges, you’ll want the best attorney you can find.

If you or a loved one is facing a DWAI violation, you’ll want to understand all of your legal rights. The experienced Colorado Springs DWAI attorneys at The Bussey Law Firm, P.C. will help you make the best decision for your situation and fight for a fair and favorable outcome. If you’d like to schedule a free and confidential consultation with one of our skilled attorneys, please call us at (719) 475-2555 today.

After a DUI arrest, the offender faces a number of various penalties. Administrative penalties, otherwise known as civil penalties, include revocation or suspension of the driver’s license and point deduction. These penalties are carried out by the Colorado Department of Revenue. Unlike criminal penalties, Colorado Springs DUI administrative penalties cannot be reduced in most cases.

Administrative penalties can have a negative impact on your life, even if you get your criminal consequences reduced or dismissed. Because you will have your license suspended or revoked for a specified amount of time, getting to and from work may become more difficult. If you have an excessive amount of DUI offenses on your record, you may have your license revoked for an indefinite amount of time and face more severe criminal penalties.

If you choose to drink and drive in the state of Colorado, you risk facing these types of consequences in addition to criminal and other penalties. If you or a loved one has been charged with a DUI, DWI or DWAI, it would be wise to retain the services of an experienced Colorado drunk driving attorney. They will be able to help you understand and protect your rights and they’ll explain all of your options to you so that you can make the best decision for your situation. The legal team at The Bussey Law Firm, P.C. understands how intimidating a DUI violation can be. Our lawyers have years of experience with DUI cases and DUI law and will do what it takes to help you. For more information, call us today at (719) 475-2555.

Many drivers who receive DUI citations are first time offenders who shudder at the thought of having a criminal record. Colorado DUI criminal penalties include jail time, fines and public service hours. In some cases, the jail sentence may be substituted for an alcohol treatment program, but this isn’t true of all cases.

Drivers who have one or more DUIs on their record already in addition to the most recent one will face longer jail sentences, heavier fines and more community service hours. Jail sentence periods vary on the number of violations a person has. For example, a first time DUI offender will face between 5 days and 1 year with up to $1000 in fines and between 48 and 96 hours of community service. Jail may be waived on a first offense if an alcohol treatment program is completed. The more DUI convictions, the more severe the consequences.

The best way to avoid this kind of headache is to make the right decision and only drive when you’re in a sober state. If you or a loved one has been charged with a DUI in Colorado, the first thing you should consider is contacting an experienced DUI attorney. You deserve to have your rights protected and all of your options explained. The Colorado Springs DUI lawyers at The Bussey Law Firm, P.C. are up to date on all current DUI laws and have handled a wide variety of DUI cases in Colorado. Call us today at (719) 475-2555 for your free and confidential consultation.

Colorado drivers who have received a DUI charge may think that their only option is to plead guilty. What they don’t realize is that pleading guilty before exploring every option forfeits their right to present a case in front of a judge, should favorable evidence be found at a later time. Not only that, drivers who plead guilty risk facing penalties that may have otherwise been reduced or dismissed. It’s best to consult with an experienced Colorado DUI attorney before entering into any kind of plea to ensure that you understand all of your rights.

DUI penalties may include a possible prison sentence, large fines, suspension or revocation of your Colorado driver’s license and other consequences. If you wait until you have had the opportunity to speak to an attorney, you may be able to build a strong defensive case that won’t have such a negative impact on your future. It would be beneficial to you, your family, and your future to remain calm and you may want to contact an aggressive DUI lawyer in Colorado Springs to help you.

If you or a loved one has been charged with a DUI, DWI or DWAI in Colorado, you may be feeling overwhelmed, frightened and nervous. An experienced DUI attorney can help protect your rights and explain every option to you before you make the decision to plead guilty. The skilled Colorado Springs DUI lawyers at The Bussey Law Firm, P.C. have handled a wide range of DUI cases and have the experience and tenacity you need to garner a fair and successful outcome of your case. For more information and to schedule a free consultation, call (719) 475-2555 today.

Avoiding a DUI in Colorado is very simple. All you have to do is choose to drink or choose to drive, but not both. Because alcohol affects everyone differently, there are a few factors that you should be aware of when it comes to your level of intoxication. A person’s weight, height and gender all play roles in how their body absorbs and metabolizes alcohol. The amount of food and other liquid that a person may have consumed and how many drinks they have had in a certain amount of time also factor in.

A person who eats a cheeseburger, fries and tops it off with a shake will not feel the effects of alcohol nearly as much as someone who has eaten nothing throughout the day. The food in the full person’s stomach will ultimately slow the absorption of the alcohol. However, it is important to note that eating to this level is not a buffer against the affects of alcohol consumption and a person can still be charged with DUI.

In Colorado, a blood alcohol level (BAC) of .05% is enough to be charged with driving while ability impaired (DWAI). If your BAC is at .08% or more, it’s considered driving under the influence (DUI). Both charges are serious and come with penalties that can have a negative impact on your life. Ultimately, the best thing to do in order to avoid both of these offenses is to abstain from drinking and driving altogether.

If you or someone you love has been charged with a DWAI or DUI in Colorado, you may be feeling nervous, frightened and unsure. It’s very important to get in contact with an experienced CO drunk driving defense attorney as soon as possible. They can help you understand your rights under Colorado DUI law and explain all of your options so that you can make an informed decision on how to best proceed with your case. The Colorado Springs DUI attorneys at The Bussey Law Firm, P.C. have the skill and knowledge it takes to represent you and help you earn the best possible outcome for your DUI charge. Call us today at (719) 475-2555 for more information.

A sobriety checkpoint set up by the state patrol and the Colorado Springs police handed out sixteen citations in August, according to a report by CBS News affiliate KKTV. During the four hours the checkpoint was in effect, police checked 1,176 drivers. Of these drivers, 33 were given field sobriety tests to check for intoxication. Sixteen of the drivers checked for intoxication received citations for driving under the influence, or DUI.

Seven other drivers stopped at the checkpoint were cited for non-DUI-related offenses, including possession of drug paraphernalia and carrying an open container of alcohol.

The checkpoint was set up as part of the Colorado State Patrol’s “100 Days of Heat” campaign, in which state police set up sobriety checkpoints and patrol more heavily between Memorial Day and Labor Day. The increased scrutiny of drivers is intended to reduce the number of intoxicated drivers on the roads in summer. According to the Colorado State Patrol, more than one-third of all drunk driving fatalities in Colorado occur during the months between Memorial Day and Labor Day.

There are specific requirements for a constitutional sobriety checkpoint. If the checkpoint was not operated in conformity with guidelines established by the United States Supreme Court, you may have a defense.

If you’ve been cited at a Colorado checkpoint, please contact an experienced Colorado Springs DUI lawyer. The Bussey Law Firm, P.C. has an unparalleled understanding of DUI law and will fight to achieve the best possible outcome in your case. Call The Bussey Law Firm, P.C. today at 719-475-2555 for a free and confidential consultation.

On March 22, 2010, a Colorado State Patrol Trooper was arrested on the suspicion of driving under the influence while on duty. According to an article by the Associated Press, the trooper left his home station in Colorado Springs early Monday morning and was en route to the State Patrol training academy located in west Denver. The 48-year-old trooper was pulled over after several people had reported that his vehicle was driving unsafely. He was also captured on film by a local television helicopter.

Authorities claim that the trooper was carrying a gun at the time, so he was charged with the prohibited use of weapons in accordance with Colorado State law in addition to a DUI charge. Persons under the influence of drugs or alcohol are strictly forbidden to carry firearms. According to authorities, the trooper is currently on unpaid leave pending an internal investigation.

The chief of police indicated that being a state trooper is a very difficult job that often comes with a lot of stress. The accused trooper has been with the State Patrol for 21 years.

Continue reading "Colorado State Trooper Arrested on DUI Charge" »

In a recent article in Men’s Health Magazine, Colorado Springs was deemed the 16th drunkest city in the nation, beating out Denver for the drunkest city in Colorado. These cities and others in the list have some of the highest death rates from alcoholic liver disease based on data collected from the U.S. Center for Disease Control and Prevention.

In addition to calculating death rates, Men’s Health Magazine aggregated research from a variety of government bureaus to help determine the city’s deaths from DUIs, severity of DUI penalties, number of people who admit to binge drinking last month and the number of DUI arrests made. With a sliding scale of first being the most offensive and 100 being the least, Colorado Springs ranked 17th for most liver disease, 18th for harshest DUI laws and 33rd for most DUI arrests, putting Colorado Springs on the map for drinking and driving.

Driving while intoxicated or under the influence of drugs and/or alcohol has serious consequences. Being convicted of this crime can affect your relationships and employment opportunities as well as accrue large fines, possible prison time and loss of driver’s license. If you have been charged with a DUI offense, you should seek legal counsel and learn your rights.

Police can make mistakes in DUI arrests and Blood Alcohol Content (BAC) tests are not always accurate. An experienced Colorado criminal defense DUI attorney can help investigate your case and help you build a strong defense. The Bussey Law Firm, P.C. has a history of aggressive defense for people charged with a DUI. Call today for a free and comprehensive consultation of your case.

Source article: http://www.menshealth.com/mhlists/Americas-Drunkest-Cities/

Police research shows that roughly half of the drivers arrested by police for driving under the influence of alcohol in 2009 were repeat offenders. Last year, Basalt police officers made 74 DUI arrests. Of these arrests, the agency was able to track down the records of 46 of those arrested and convicted, 25 of which had a prior DUI arrest in Colorado.

The police were unable to obtain the driving histories of the remaining 28 arrestees as they were from out of state and natives of other countries, predominantly Latino. The report also indicates that Basalt’s percentage of repeat DUI offenders is higher than the state average.

In the wake of these results, some argue for harsher DUI penalties, providing a stronger deterrent to potential offenders. Some Colorado lawmakers would like to pass a bill requiring a mandatory jail sentence for repeat offenders. This would make two or more DUI convictions a felony. Others argue that the state does not have the money to house thousands of additional inmates convicted of DUIs.

Continue reading "Alarming Number of Repeat DUI Offenders in Basalt" »

Last December, Colorado Springs police launched an investigation on DUI test results, following a routine crime lab audit that showed 82 errors in blood alcohol test results. On February 1, 2010, the Colorado Springs Gazette reported that the police investigation has discovered 167 erroneous test results, which is double the number previously reported. A police spokesman stated that the inflated DUI test results are most likely due to human error, rather than equipment error or something inherent with the lab itself.

Since December, the police department has re-evaluated about 1,000 blood alcohol test results taken since January 2009. Meanwhile, prosecutors have been contacting individuals whose cases may have involved the flawed tests.

Continue reading "Flawed DUI Tests Double in Colorado Springs" »

Investigations are only as accurate as the individuals who conduct them. While necessary precautions are taken to ensure that test results are as accurate as possible, error can still result. According to a recent article posted on springsgov.com, the validity of blood alcohol concentration (BAC) readings arrived at by the Metro Crime Lab has been brought into question. An internal investigation revealed that some tests, administered from 2009 to the present, were determined to have been initially reported at higher levels than the actual results should have warranted. That is, approximately 82 tests have been deemed inaccurate thus far. During the time period of admitted inaccuracy, the Metro Crime Lab processed approximately 1,000 tests. Investigation into the matter and retesting of results by a Senior Forensic Chemist are both ongoing.

The cause of this problem is still being looked into, with both the Colorado Springs Police Department (CSPD) and The Colorado Bureau of Investigations (CBI) conducting investigations into the matter. Also, the manufacturer of the equipment used in gathering the blood alcohol concentration numbers, Agilent Technologies, has also looked into whether or not the equipment used during the testing was defective or improperly calibrated. Regardless of the reason though, individuals who were initially deemed to be above the legal limit in terms of BAC may not have been over the limit at all. Therefore, charges brought against those individuals may have been based on erroneous information.

Continue reading "Colorado Springs Metro Crime Lab Finds Errors in 2009 BAC Testing" »

According to Colorado’s ABC affiliate, KRDO News Channel 13, a traffic accident took place at the intersection of Circle Drive and Union Boulevard. The accident involved two vehicles, one of which allegedly ran through a red traffic light. Reportedly, a white van entered the intersection against the traffic light, and struck another vehicle. The driver of the struck vehicle sustained broken bones and possible spinal damage, while the injuries of the driver of the white van were not reported. However, both drivers were taken to the hospital for treatment of their injuries.

The driver of the white van is currently facing charges for DUI in Colorado. While the story did not go into detail regarding how law enforcement was able to come to the suspicion that the man was driving under the influence, it is safe to assume that either field sobriety tests were administered, or the police felt there was enough evidence of intoxication to establish probable cause. In any event, it is essential that sobriety tests of all kinds are properly administered by properly trained law enforcement officials to ensure that an otherwise innocent individual is not accused of DUI.

Continue reading "Alleged DUI Driver Runs Red at Circle and Union" »

A traffic accident in Fort Collins has left a 19-year-old female passenger in critical condition and the 22-year-old male driver of the vehicle in custody on suspicion of driving while under the influence. A coloradoan.com article talks about the details surrounding the crash. Reportedly, the vehicle involved in the crash was traveling on Larimer County Road 38E during early morning hours. When the driver attempted to make a left hand turn, the SUV rolled over, passenger-side down. The 19-year-old woman was partially ejected from the vehicle, with the weight of the vehicle somewhat placed on top of the woman. According to the news story, neither the man nor woman was wearing a seatbelt. Furthermore, conditions at the time of the crash were snowy, making roads hazardous.

The 22-year-old driver was arrested on suspicion of vehicular assault, DUI, and careless driving. Though evidence collected at the scene may indicate such offenses, it is essential that all vehicular crashes are thoroughly investigated in order to determine the exact cause and what contributing factors led to the crash in the first place. Certainly, given the type of vehicle that was being driven and the adverse weather conditions at the time of the crash, blame for a rollover crash cannot be solely attributed to the fact that an individual was supposedly under the influence in some way. While it will be determined in a court of law what degree of wrongdoing was actually committed, it is important for all the details of the case to be carefully examined so that the proper verdict is handed down.

Continue reading "DUI Suspect in Larimer County Rollover Accident" »

Technology is changing the way we function in our day-to-day lives all the time. A recent NBC news, channel 9 report talks about a new method of providing local police with tips and other information that may help curb crime throughout Colorado. A text messaging tip-service, introduced by Metro Denver Crime Stoppers, will join the email and telephone tip-services that the non-profit organization already utilizes to assist more than 20 Denver metro law enforcement agencies solve crimes.

Reportedly, Crime Stoppers will review the anonymous tips that are received, and forward those tips to the appropriate agency. Successful text tips, just like the phone and email tips, may result in the tip provider being awarded up to $2,000 if the tip provides information that leads to the arrest of a wanted individual.

The story cites the notion that, with so many people text messaging as a means of communicating nowadays, text messaging tips should prove instrumental in helping solve crimes throughout the state of Colorado. However, as with all anonymous tips provided by the general public, these tips need to be carefully screened in order to ensure that the innocent individuals are not accused of and even arrested for crimes that they didn’t commit. While it remains to be seen whether or not a service such as this will be a blessing or a mistake, the concept is certainly a good one, provided it isn’t abused by individuals that find some sort of satisfaction out of providing anonymous tips that have no merit.

Continue reading "Fighting Crime With Your Fingers" »

According to thecherrycreeknews.com, a crash scene involving a passenger car and a motorcycle was recreated for the benefit or warning motorists of the dangers associated with driving under the influence. Put on by members of the Pikes Peak Region DUI Task Force, the event marks the kickoff of the national DUI crackdown amongst motorists, particularly throughout the remaining days of summer.

According to Colorado Springs Police Department Sergeant Craig Simpson, “The Pikes Peak Region DUI Task force is committed to saving lives by using all available resources to keep drunk drivers off our highways, roads and streets. Impaired driving is a crime that has devastating impacts for the perpetrator and the victim. As the final days of summer come to a close, we hope everyone will make the right choice to designate a sober driver if they plan on drinking.” Law enforcement agencies in Colorado plan on increasing the number of active patrols who are on the lookout for impaired drivers, as well as conduct numerous saturation patrols throughout the DUI crackdown period, particularly Labor Day weekend.

Saturation patrols and DUI checkpoints are effective means of helping curb the driving while under the influence problem, but must be properly conducted in order to ensure that innocent motorists are not accused of and arrested for driving under the influence.

Continue reading "DUI Checkpoints to Be Held Labor Day Weekend" »

Colorado park rangers are warning drivers about boating under the influence this summer. According to this news report, Colorado's boating under the influence laws became harsher in August with the limit for boating under the influence lowered from the 0.10 blood alcohol content to match the state's driving under the influence laws at 0.08 percent. Officials say this new law gives rangers more leeway in determining whether a boater is intoxicated. The methods that rangers use to determine a potentially drunk boater are similar to tests used on roadside sobriety checks.

Rangers typically do safety inspections on boaters or stop them if they see boaters acting recklessly or operating their vessels dangerously. The sobriety tests are a little different from those done on the road because the tests usually include a 20-minute wait on the shore to remove the possibility that a person may be off-balance because of being on the water. Sentences for first-time offenders for boating under the influence in Colorado could range from five days to six months in jail and a fine of $100 to $1,000, and as many as two years probation and a mandatory three-month ban on boating in state waters.

Continue reading "Boating Under the Influence Laws Stricter in Colorado" »

The police chief of Avon, Colorado, is saying that he wants to change current Colorado laws and require suspected drunk drivers to submit to a blood test if they say no to a Breath test. According to this CBS News report, Police Chief Brian Kozak is saying that he wants this rule change because "some drunk drivers don't get the punishment they deserve."

Drivers in Colorado can legally refuse a Breath or blood test if there are no injuries or death. The chief is saying that he wants this new law to be used based on DUI history. For example, he says first-time offenders for a DUI in Colorado will likely not be asked to give a blood sample. However, based on this new law, if more suspected offenders refuse a blood test, then police can seek a search warrant from a judge and use that to draw blood from the person.

Kozak's plan basically eliminates a repeat offender's right to refuse a blood test for alcohol content. Kozak says he does not anticipate any legal problems because he says Colorado law states police officers can obtain a search warrant for any type of crime and "why should we treat DUI any different?"

Such a law would infringe on the rights of all drivers. Colorado law states that drivers have the right to refuse breath or blood tests under most circumstances.

Continue reading "Colorado Mandatory Blood Tests for DUI Advocated by Police Chief" »

Even as Coloradans are preparing to hit the roadways for the summer travel season, the Colorado State Patrol and law enforcement agencies across the state of Colorado are getting ready to embark on an unprecedented level of summer-time DUI enforcement called "100 Days of Heat." According to this news report, the campaign includes additional DUI enforcement periods and plans for more than 150 sobriety checkpoints between the Memorial Day and Labor Day holidays. According to statistics, more than one-third of all alcohol-related fatalities in Colorado occurred between the two holidays.

What does this mean for motorists? This means that there will be a lot of targeted enforcement this summer. Officials will increase patrols to target roadways that are known to be Colorado DUI hot spots. DUI checkpoints are dangerous because you may be stopped, even if there is no probable cause to stop you. Officers are extremely motivated to "find" DUI offenders during such targeted patrols. Normally, a DUI traffic stop occurs when an officer sees a motorist driving erratically, for example. But with a DUI checkpoint, a traffic stop is random.

Continue reading "Colorado DUI Enforcement: “100 Days of Heat”" »

Colorado Springs police are investigating a serious auto accident where both drivers involved were allegedly driving under the influence. According to this KKTV news report, the two cars – a Ford sedan traveling west on Colorado Avenue and a Nissan SUV driving south on 24th Street – collided. Both drivers were admitted to the hospital in serious condition while passengers in both vehicles were treated for minor injuries. Police say both men will be charged with Colorado Springs DUI and vehicular assault. Both are expected to be arrested after they are released from the hospital.

Each state in the United States has its own set of DUI laws, but there are certain concepts that are common to most states. In all states, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. It is also illegal to drive under the influence of illegal drugs – be it recreational or prescription drugs. Both the criminal and civil penalties for drunk driving can be harsh and could include loss of license, hefty fines, jail time, community service, restitution, probation and mandatory substance abuse treatment. If you are a repeat offender, the consequences may be even more severe.

If you or a loved one has been charged with a DUI or DWAI in Colorado Springs, you need a knowledgeable and experienced Colorado Springs DUI defense attorney on your side fighting for your rights and skillfully defending your charges. Please call The Bussey Law Firm for a free consultation. We will help you keep your driver's license and help minimize the adverse effects a DUI can have on your life and your criminal record. Please call us today to find out how we can help you get a favorable outcome in your Colorado Springs DUI case.

A key official in the Colorado Springs Chamber of Commerce is facing felony drunk driving charges in Colorado after officials say she caused a car accident that seriously injured her passenger. According to this news report in The Gazette, the 40-year-old woman was speeding in her 2002 Lexus around a curve on Hill Circle Drive in the Kissing Camels Estates when she lost control of the vehicle, ran into a median, struck a tree and careened another 60 feet before coming to a stop.

Both the driver and passenger were seriously injured and had to be extricated from the car by emergency crews. The driver is apparently still in the hospital with injuries. Once she is released from the hospital, officials say she will be arrested on suspicion of reckless driving, DUI and vehicular assault.

It is an offense in Colorado to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher. Blood alcohol content is usually measured using breath or blood tests. Most times, arresting law enforcement officials administer what are known as "field sobriety tests" to determine whether or not the driver is intoxicated or impaired. As a DUI defendant in Colorado, you have legal rights.

If you've been charged with driving under the influence or driving while ability impaired (DWAI) or with any traffic violation, it would be in your best interest to consult an experienced Colorado Springs criminal defense lawyer right away.

A skilled Colorado DUI defense attorney can help you protect your driving privilege and make sure that your case is completely reviewed for defense strategies. If you or a loved one is facing DUI charges, please call The Bussey Law Firm P.C. to schedule your free and confidential consultation.

An El Paso County sheriff's detective faces several charges after a police pursuit and confrontation in February. According to this Associated Press news report, the major crimes detective at the sheriff's department was subdued by a shot with a sponge round and a police dog on Feb. 28. The detective faces two counts of felony menacing, prohibited use of a weapon, vehicular eluding, resisting arrest, reckless driving and driving under the influence in Colorado. The deputy is on paid administrative leave pending his trial. The charges apparently came after the confrontation in a Franktown parking lot when the officer refused to be pulled over. He was said to be "suicidal" at the time.

Felony crimes usually result in the most severe punishments that the criminal justice system is authorized to impose. If you or a loved one has been charged with a felony DUI in Colorado Springs, it is critical that you contact an aggressive and skilled felony DUI defense lawyer. Examples of felony crimes include homicide, robbery, assault, burglary, sexual assault or rape. Driving under the influence can become a felony if the incident involves significant injury to another driver, passenger or pedestrian.

Felony crimes in Colorado are usually punished with a lengthy prison sentence and severe monetary penalties. A top Colorado criminal defense attorney can help get your charges dismissed or reduced and even help get your fines lowered. If you have been charged with a felony crime in Colorado, please call The Bussey Law Firm P.C. to get more information about your legal rights and options. Initial consultations with us are always free.

A lost vehicle license plate apparently led Colorado State Patrol officials to arrest a 16-year-old boy on suspicion of DUI in Colorado the morning of February 11, according to this news report in The Daily Sentinel. Colorado State Patrol officials earlier that morning had responded to a call regarding a hit-and-run accident in which a vehicle had crashed into a highway information sign at 3219 Interstate 70 Business Loop.

Officers found the license plate lying at the intersection. Local law enforcement officials traced the plate and located the vehicle parked at its registered residence. The vehicle looked as if it had been in a car accident and state troopers found the 16-year-old boy asleep behind the wheel, the article stated.

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A 20-year-old woman was arrested following a three-car collision on Austin Bluffs Parkway. According to a recent article posted on Southern Colorado’s KKTV.COM, the woman was arrested on suspicion of DUI in Colorado and vehicular assault.

The Colorado Springs car accident happened near the University of Colorado campus as the woman, who was driving eastbound on Austin Bluffs, lost control of her car. Her Toyota Camry then crossed the median into the westbound lanes and hit a Geo Tracker as well as a Ford pick-up truck, Colorado Springs police said. The driver of the Tracker suffered “serious bodily injury” as his auto rolled over in the crash.

Continue reading "Colorado Springs Drunk Driving Incident Responsible For Multiple Auto Accidents" »

A Colorado Springs accident that involved two autos ended with the arrest of a hit-and-run driver, according to this recent news report in KKTV.COM. The two-vehicle collision happened near Austin Bluffs and N. Academy.

More details have not been made available in this report and the driver who was arrested has not been identified. The hit-and-run car was found a short time after the accident. Police arrested its driver for Driving Under the Influence (DUI) and he was taken to an area hospital for treatment. The driver of the other car that was hit, was not injured, the article said.

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The website espn.com reported on October 28, 2008 that Colorado Rockies pitcher Luis Vizcaino 34, was detained early Monday morning on October 27, in Tampa Florida for driving under the influence. The Tampa Tribune has reported that Vizcaino was being charged with a misdemeanor DUI.

According to the officers involved in the arrest Vizcaino was travelling at 71 mph in a 45 mph zone early the morning of his arrest. Vizcaino’s eyes were found to be glossy and blood shot while also smelling strongly of alcohol. His blood alcohol level was slightly over the legal limit. Vizcaino lives in Florida and was bailed out prior to noon the same morning he was arrested. The Rockies did release this statement, “We are continuing to monitor the situation and have been in contract with Luis and his representatives.” His baseball season was cut short by injury this year; he had a record of 1-2 and an ERA of 5.28.

DUI’s are serious offenses and can bring with them heavy fines and jail time. Contact the experienced DUI defense attorneys in Colorado at The Bussey Law Firm, P.C. who have extensive experience and knowledge of the court system. Know your options. Avoid making mistakes and protect your license and your right to drive. Once represented by DUI lawyer Timothy Bussey, the authorities may only communicate with you through your attorney or while your lawyer is present. This ensures you won't hurt your case by an inadvertent admission. Please call 1-719-475-2555 for a free consultation.

Effective January 1, 2009, Colorado law has changed concerning license revocations. The law change affects those facing a license revocation action as a result of a DUI allegation. A person should consult an experienced Colorado Springs DUI attorney to receive advice concerning their particular case.

The following is a very basic overview of the new changes.

For a first time offender (over the age of 21) who has submitted to a chemical test that resulted in a BAC of .08 or greater the revocation period has increased from three months to nine months. This applies to cases which occurred on or after January 1, 2009. A person receiving the nine month revocation may request early reinstatement after one month if they install an ignition interlock device on their vehicle. An ignition interlock device is an alcohol sensor. You must blow into the ignition interlock in order to operate your vehicle. If it sense alcohol, the vehicle will not be operable.

If the person who has installed the ignition interlock has four consecutive months of no alcohol detected, they may be eligible to have the ignition interlock devise removed. There are additional changes to the law which can be discussed with an experienced DUI attorney in Colorado.

The DMV has time limitations for a person to request a DMV hearing. There may be as little as seven days before a person is subject to revocation. A person should contact a DUI defense lawyer in Colorado Springs as soon as possible to receive legal advice concerning their specific case.

Each person’s case is different and the DMV laws are subject to constant change and revision. Contact the Bussey Law Firm, P.C. to review your case and defend your driving privilege. Representation by DUI lawyer Timothy Bussey, can help prevent a license revocation.

An article in the journal sentinel about Mark Allen Warner explains how the man got convicted of DUI’s 15 separate times. Throughout the 1990s, Warner's drinking resulted in divorce, a felony record and several crashes. From 1992 to 2000, Warner was pulled over as often as every couple of months and was well-known to police. Yet he avoided significant jail time and treatment for almost a decade - a fact the judge involved in his final case called a failure of the criminal justice system.

Warner wasn't sentenced to prison until he had been convicted of drunken driving 15 times. His blood-alcohol level averaged 0.212 - almost three times the legal limit - for the 11 offenses in which his blood or breath test information was available. He repeatedly drove after his license had been revoked, garnering at least 10 arrests for that. And two of his drunken driving arrests followed domestic arguments.

The three-year prison term, including six months in a Department of Corrections rehabilitation facility, helped him get sober, Warner said. He hasn't had a conviction since his release in 2003. Now 45, he once again holds a valid driver's license.

Continue reading "One man convicted of DUI 15 times" »

A 48-year-old man, who is facing driving under the influence charges in Montana, has nine prior DUI convictions in Colorado, according to this report in the Rocky Mountain News. Thaylin Pierce was reportedly arrested at a parking lot in Billings where some people saw him stumble drunkenly away from a casino. The citizens prevented him from driving away by blocking his pickup truck.

Police arrested Pierce after he failed a field sobriety test and refused to take a breath test, according to court documents cited in the news article. He has also been charged with misdemeanor counts of resisting arrest and not having proof of insurance. According to prosecutors, Pierce has also been previously convicted of a DUI in Wyoming.

Repeat DUI offenders face extremely serious consequences including jail time, hefty fines and loss of driver’s license. What these defendants need is not jail time, but some serious help with alcohol or drug rehabilitation. However, courts tend to be more sympathetic to first-time offenders with regard to alternative sentencing. Repeat offenders could face more serious consequences if the incident resulted in injuries or death to someone other than the drunk driver. In such cases, the defendant could be looking at vehicular manslaughter or even murder charges. In the State of Colorado, it is illegal to operate a motor vehicle with a blood alcohol content of 0.08 percent or more.

If you or someone you love is facing a DUI charge in Colorado, please contact the Law Office of Timothy Bussey to schedule your free consultation. We can provide the quality, aggressive and experienced legal defense you’ll need to stay out of jail and get your life back on track.

Bobby Dodge, 56, a contract beer truck driver was arrested on November 12, 2008 on suspicion of driving under the influence after his big rig overturned in suburban Wheat Ridge, according to this KKTV news report. Police officials say Dodge was traveling east on Colorado 58 when he took the exit ramp too fast for the eastbound Interstate 70. That was when his truck flipped over.

Wheat Ridge police say the beer, which Dodge had recently picked up from Golden, remained in the truck’s trailer. Officials had to take out the entire load of beer from the truck to set it upright. Thankfully no other vehicles were involved in this big rig accident and no injuries were reported. Dodge was booked and taken to a detoxification facility, the news report stated.

If you have been charged with a DUI or DWAI in Colorado, you are facing severe penalties including heavy fines, suspension or revocation of your driver’s license or even jail time. The penalties can get even more severe if you have been repeatedly arrested on drunk driving charges or if you have prior DUI convictions. An agressive defense can help minize those penalties.

If you or someone you love has been accused of driving under the influence in Colorado Springs, please call the Law Office of Timothy Bussey to find out how we can help you defend those charges. If you are a commercial truck driver, especially, you run the risk of losing your license and your livelihood. Please call today for a free and confidential consultation.

According to a report in the Rocky Mountain News, Jeffrey Casey, 35, of Golden, Colorado was pulled over at 2am on October 9th, 2008 for suspected DUI on West Sixth Avenue. In an attempt to escape police, Casey tried to drive off during the traffic stop and in a frightening turn, the arm of Trooper Bradley Fox got caught in the jeep and the trooper was dragged 50 to 100 feet before he was able to free himself, jump back in his cruiser, and give chase.

The chase ended on West Colfax Avenue, where the trooper's car and the Jeep made contact, causing the Jeep to crash into cars at the dealership between Kipling and Simms and roll onto its side. Trooper Bradley Fox was treated for minor scrapes and returned to work on the investigation

Thankfully nobody was seriously injured in this incident, as the driver of the overturned jeep was reported to have suffered only moderate injuries. The result could have been much worse, as high speed chases are dangerous events that often end in catastrophic injury and even death.

Continue reading "DUI Suspect Flees Police, Drags Trooper 100 Feet" »

According to a published report in the Minneapolis Star Tribune, a 25 year old driver who was pulled over for speeding, unsafe driving, and suspicion of drinking and driving has explained that the reason he swerved into the wrong lane on the highway was that he was text messaging.

The driver was traveling in the wrong lane when he approached a Cass County deputy's squad car on a Minneapolis highway. The driver swerved to avoid hitting the squad car, then took off at speeds of up to 100 miles per hour before pulling over.

"This is the kind of traffic event where almost everything that could go wrong, did go wrong," said Nathan Bowie, a spokesman for the Department of Public Safety. "Fortunately, the officer was there to make the stop before anything else happened."

Research shows that driver inattention is the leading factor in most crashes and near-crashes. According to a 2006 NHTSA and Virginia Tech Transportation Institute study, nearly 80 percent of crashes and 65 percent of near-crashes involve some form of driver inattention within three seconds before the crash. Cell phone use is one of the most common driver distractions.

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