Like other states, in Colorado, driving with a BAC (blood alcohol content) that is greater than 0.08 percent qualifies as driving under the influence. Most often, DUI offenses in Colorado are treated as misdemeanor charges. This means that, in a good number of incidents, a first DUI might be met with a light fine, community service, suspended license, mandatory alcohol education, or even a bit of jail time. Second and third DU offenses are still misdemeanors, but can be met with slightly harsher penalties, and perhaps up to a year in jail.

Additionally, if you are arrested for driving with a BAC that is greater than 0.15 percent—even on a first offense—you could be treated as if you were a repeat DUI offender on your second or third conviction. Now, when does that become a felony? Usually in one of three instances:

• You have three previous DUI convictions (making the most recent conviction your fourth) OR
• Your impaired driving resulted in serious bodily injury to another person (this is known as vehicular assault) OR
• Your impaired driving caused a fatal accident, which is referred to as vehicular homicide.

Colorado has a “fourth strike” policy, so even if your fourth DUI offense caused no injuries to anyone, it will still be considered a Class 4 felony. It doesn’t matter how long ago your prior three convictions were, as there is no “washout” period for DUIs in Colorado. The state within which you were previously convicted of DUI offenses is similarly irrelevant, nor does it matter whether they had different legal names (such as DWIs or OUIs).

DUI cases that result in serious bodily injury also count as Class 4 felonies. For reference, minor injuries like scrapes and bruises would not typically count as serious enough to warrant a felony offense, but disfigurement, loss of bodily function, breaks and fractures, severe burns, or anything else that significantly impacts the life of another would.

Which leads us to DUI cases that result in death. These are Class 3 felonies, even if you have no prior convictions, and come with the most significant penalties. Speaking broadly, the types of punishments you can expect from felony DUI convictions include a mixture of heavy fines and significant prison time. Those Class 4 felonies, for instance, might come with 2-6 in a Colorado State prison, a 3-year parole period, and a fine of up to $500,000. 

Meanwhile, a Class 3 felony DUI charge might result in a maximum of 12 years in prison, with a 5-year parole period and a fine of up to $750,000. So, to circle back to our original question, yes, a DUI can be a felony charge—one that comes with a rather high price at that.

The post When Drunk Driving Is A Felony v. A Misdemeanor appeared first on Baltimore News Journal.

During a field sobriety test, drivers will be asked to show their driver’s license, registration, and proof of insurance. If you are suspected of drinking and driving, you may be asked to take a preliminary alcohol screening test. Before you’re in need of this Boulder felony DUI lawyer, here are the do’s and don’ts of field sobriety tests.

Do: Always Stop if Asked

In the United States, the Supreme Court ruled that field sobriety DUI checkpoints are legal even though many argue that it is unconstitutional to stop a person unless they have evidence that a person has broken the law. 

Therefore, you must stop at a DUI checkpoint if asked by law enforcement. If you find yourself at a stop, stay calm, don’t panic, and follow any instructions you’re given instructions. Refuse to do so and you may find yourself facing legal charges, even if you were not drinking. 

Do: Provide Your Information

Even though many argue that you should not be required to show your identification during a field sobriety test, especially if you’ve done nothing wrong, the best thing to do is to provide the officer with your information. 

Have your driver’s license, registration, and insurance information ready to go. This will help you avoid unnecessary suspicion that could lead to your arrest. In many states, you’re required by law to hand over these documents when behind the wheel. 

Do Not: Violate Any Traffic laws

Under the law, it is your right to turn around if you see an upcoming DUI checkpoint, but you must do it legally. Never make an illegal U-turn, drive aggressively, or make any other dangerous maneuvers. If you break any laws, the police then have the right to pull you over and you may be under suspicion of driving while intoxicated. 

Do Not: Answer Any Questions that Might Incriminate You

Police will probably ask you if you’ve had anything to drink, and most people would answer that they’ve had “one or two drinks” if they have in fact been drinking. However, any information that you provide could be used against you if you’re charged. Instead, you have the right to politely and respectfully decline to answer any questions that may be incriminating.

Do You Have to Take a Field Sobriety Test?

Law enforcement might ask you to step out of your car and take a field sobriety test. However, it is your right to refuse to do so. The police cannot take aggressive action against you in this scenario, unless they want to face off with legal counsel like this San Bernardino personal injury attorney, but they can detain you in most states and force you to take some form of blood-alcohol test. 

Agreeing to the test, of course, means the results can be used against you as evidence that you drove while under the influence. It’s a tough spot to be in, but it’s in your best interest to comply. This is especially true if you’ve been drinking because your cooperation looks better in court. 

Do You Have to Submit to Any Blood or Breath Tests? 

Law enforcement could ask you to take a blood alcohol test or breathalyzer test to see if you’ve been drinking. Like the field sobriety test, it’s in your best interest to comply. You may face extra charges for being uncooperative, only to be detained and forced to a blood test anyway. 

Most states require an officer to conduct a field sobriety test before relying on these measures, but some skip straight to breathalyzers. Before you need the help of a Boulder felony DUI lawyer, it’s best to submit to the test. You’ll either prove your innocence or at least get some leniency from the judge. 

The post Do’s and Don’ts of Field Sobriety Stops appeared first on Baltimore News Journal.