The document discusses DUI laws in Colorado, noting that penalties for repeat drunk driving offenses are less severe than in many other states. Over 28,000 people were arrested for DUI in Colorado in 2013, with 10,000 being repeat offenders. Current laws are not effective at preventing repeat offenses. A task force is exploring options like requiring ignition interlock devices for all offenders to prevent DUIs while allowing offenders to still drive. The document suggests Colorado could make more DUIs felonies and increase enforcement to further deter drunk driving.
DUI Defense Law in Colorado Isn’t as Strict as the Law in Other States
1. DUI Defense Law in Colorado Isn’t as Strict as the Law in
Other States
Drunk driving is a national problem and the law treats DUI offenders seriously. The penalties for
even a first-time DUI across the country tend to involve heavy fines, license suspension, and possible
jail time, but it appears that in Colorado, repeat drunk drivers face fewer penalties and felony
charges than most any other state.
In 2013, over 28,000 people were arrested for driving drunk in Colorado. Of this number, 10,000 of
these were repeat offenders.
The reality is that only about one percent of the people who choose to drive drunk are arrested each
year. According to reports issued by the U.S. Department of Justice and Federal Bureau of
Investigation, in 2009, 1.4 million people were arrested in the U.S. for driving while under the
influence of alcohol and drugs. Yet, this number misrepresents the number of individuals who
actually choose to drive while under the influence in a given year. According to the CDC, 147 million
people's self-reports suggest that they drove after drinking alcohol. Clearly, current Colorado laws
are not doing enough to keep repeat offenders off the road. In response to this issue, a Colorado task
force comprised of seventeen members is working to find ways to ensure that people do not get
behind the wheel after they drink.
The CDC suggests that one way to prevent DUIs is to require that all DUI offenders use ignition
interlock devices. Rather than license suspension, the ignition interlock device model offers a
proactive rather than punitive alternative for DUI drivers because many individuals whose license
has been suspended drive anyway. Requiring these drivers to use an ignition interlock device rather
than revoking their licenses ensures that individuals can still drive to work and maintain a normal
quality of life while also keeping these same drivers off the road if they happen to have consumed
alcohol.
Ignition interlock devices are machines that are installed in a DUI-offender's car. A car fitted with
the device will not start unless a driver breathes into the device. If the device finds the driver's
breath to be above the legal limit for alcohol, the driver's car will not start.
The CDC recommends the use of ignition interlock devices, citing research that these devices
prevent repeat DUI offenses by as much as 67%. License suspension has not been found to be as
effective.
The question should then be whether Colorado's goals are to be punitive (across the board license
suspension) or preventative (use of ignition interlock devices in more cases). While both restrictions
are punitive in their way, the state should take into account the effectiveness of license suspension
in keeping DUI offenders off the road.
Currently, a first-time DUI offender in Colorado is only required to use an ignition interlock device if
his or her blood alcohol content is found to be 0.15 or greater. A second DUI offense in Colorado
requires the mandatory use of an ignition interlock device in addition to a license suspension of up
to one year.
2. What are some other ways Colorado can prevent repeat offenders from hitting the road?
The CDC further suggests that the enforcement of DUIs should become more visible to motorists. If
motorists see firsthand the consequences or a checkpoint on the road, they may be less likely to
drive while impaired.
While Colorado legislators have made it more difficult for drivers to plea-bargain for drinking and
driving and to increase sentencing for drunk driving, the state continues to see many repeat DUI
offenses, and many cases where a Denver DUI lawyer can help.
Colorado is also one of the few states where a sixth, seventh, or ninth DUI is not considered a felony
offense. Overtaxed courts and jail systems prevent the state from making a third offense a felony.
Currently, multiple DUI offenses are only charged as misdemeanors. The Denver Post reports that a
bill that would have made repeat DUI offenses a felony, was rejected by the Senate, despite being
passed by the house.
Currently, DUI offenders can face anywhere from $5000 to $12000 in fines and legal fees, possible
jail time, license suspension, and the use of an ignition interlock device.
Individuals convicted of their first, second, or even third DUI in Colorado have quite a few
protections under current law. A DUI defense lawyer can reduce an offender's fines, jail time, and
license suspension sentence.
DUI defense law in Colorado affords those who have been convicted of a DUI plea-bargain options
and options that would reduce fines and license suspensions. Individuals who find themselves facing
trial for DUI currently see benefits and protections when they hire a DUI Lawyer.
Citations:
http://www.cdc.gov/motorvehiclesafety/alcoholbrief/
http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1188338057330
http://www.denverpost.com/news/ci_25538891/house-committee-unanimously-passes-felony-dui-bill
http://www.williamepetersattorney.com/
What do you think of this story?
3. Select one of the options below. Your feedback will help tell CNN producers what to do with this
iReport. If you'd like, you can explain your choice in the comments below.
Be and editor! Choose an option below:
http://ireport.cnn.com/docs/DOC-1170713