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Colorado DUI Legislation

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By StraightDUI Staff on 3/24/2008

Many states are now instituting extreme DUI laws to combat drivers who cause most injuries and deaths. A new bill is proposed for DUI in Colorado that would make aggravated DUI a felony under Colorado law. Until now, Colorado has been one of four states in the United States without a felony DUI law. This new bill targets offenders who repeatedly drive drunk. If passed the law would make a DUI conviction a Class 5 felony for offenders who have previously been convicted of vehicular homicide or vehicular assault, two prior alcohol-related offenses, or at least one prior alcohol-related offense where the offender’s blood alcohol concentration exceeds .20. The Colorado bill would make restrictions on DUI in the same way as those who have been arrested for DUI.

New Bill Making its Way Through State Legislature

The bill has already passed the Colorado Senate and is currently in the House for review. As the new bill makes its way through the state legislature, if passed it will seriously affect the current penalties associated with being issued a summons for a DUI. Presently, motorists are ticketed and issued a summons for drunk driving in Colorado, but the new bill would mean that a motorist would be arrested and issued a warrant for Colorado DUI. If the bill passes, the accused would have to make a court appearance where formal charges will be filed.

Only One Percent of Drunk Drivers Are Jailed

The new bill came to light when state legislators realized that those issued a summons for DUI are not subject to the same penalties and restrictions as those that have been arrested. This has been the rule in Colorado primarily because of overcrowded jails. In fact, statistics indicate that less than 1% of drunk drivers are jailed, while the remaining drunk drivers are given a summons to appear in court. Since motorists are only given a ticket and are not required to make bail, Colorado DUI law limits the actions a judge can initiate.

New Bill Will Allow Judges to Impose Penalties

Under the new bill, bail would be set for anyone charged with drinking and driving in the state of Colorado, even if a summons was issued. The new bill would allow judges to impose penalties that could include banning alcohol consumption in addition to use of an ankle-monitoring bracelet. Should the bill pass, it will provide law enforcement officers and the courts with more options when addressing the problem of drunk driving, but it will not remove the ability to issue a summons for DUI.

Another Potential Bill Proposal for DUI in Colorado

Recently, Colorado Representative, Joel Judd, proposed another measure that some are saying is very extreme. In an effort to reduce drunk driving, under Judd’s law, first time DUI offenders, would lose their driver’s license for five years regardless of their blood alcohol count, unless they agree to addiction treatment as well as having an ignition interlock system in their cars. Any driver convicted of a DUI would have to keep the interlock in his or her car for five years. Second time DUI offenders would lose their driver’s license for twenty years or install an interlock for two decades. Judd’s law would ignore findings that most injuries and deaths are caused by drivers with a BAC over 0.15, but instead, would punish every DUI offender equally. Since being stopped with a BAC of 0.08 does not necessarily indicate an alcohol addiction, there are a number of people who oppose Judd’s law. According to many, this type of DUI law would not distinguish between the person who drives carelessly and the one who drives recklessly.

About the DUI Attorneys at Straight DUI

The DUI lawyers at Straight DUI do everything they can to help you when it comes to DUI. To get you off, keep your record clean and prevent you from losing your license to drive, we start by believing that you shouldn’t have been arrested, so with that uppermost in our minds, we fight for you. When you place yourself in the hands of the knowledgeable DUI attorneys at, you know you will be treated fairly and will receive the best defense possible. We understand how important a good defense is to your case and so we do everything to protect your rights.Call us at 1 (877) 420-6719 and let us help.

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