Pre Sentance
What is probable cause?
Gathering enough evidence that a reasonable person would believe a crime has been, is being, or will be committed
What is considered when deciding the level of education and treatment?
Arrest BAC (Refusal?)
Prior DUI
History of or current alcohol or other drug use problems identified in the evaluation (probation).
How many drivers are arrested each year for a DUI?
Approximately 1.1 million drivers
What is Colorado's BAC level
.08
For most states, how long does a DWI conviction remain on record?
Lifetime
Do you have to do field sobriety tests?
It is voluntary in Colorado- however will lengthen your education/treatment time.
What are the two separate legal agencies that impose sanctions?
County/District Courts
DMV
How many persons were killed per year in United States in alcohol-related accidents?
Almost 11,000, an average of 44 people killed a day.
What is "Zero Tolerance" law?
The driving law for under the age of 21.
What is suspensions?
Usually first-time DWI offender and often involve a point system. A temporary withdrawal from driving privileges.
How long do the police have to test your BAC?
Two hours after your last known drink. However, if failed do this in a timely manner, they will charge for "substantially impaired"
On average how much community service time does a first time DUI offender have to do?
In Colorado, a first-time DUI requires 48 to 96 hours of community service, a first-time DWAI requires 24 to 48 hours,
What percent of motor vehicle crashes involve drugs other than alcohol.
Over 16%
What is the BAC level for "zero tolerance"
.02- .08
What is revocation?
A mandatory restraint on a valid driver license or driving privilege. Usually reserved for repeat DWI offenders.
What is DWI presumptive?
requires the observation of a clear lack of mental judgment physical control that makes safe operation of a vehicle impossible due to alcohol use, and the BAC is .08 or greater, or to the us of drugs other than alcohol.
How long is Jail for a DUI
In Colorado, the minimum jail time is five days for a first offense (maybe), 10 days for a second offense, and 60 days for a third offense. But the maximum jail time for a first, second, and third DUI in Colorado is one year—the same for all three offenses.
What percentage of people have had their license revoked due to DUI?
Between 50 to 75% of the people.
What is permissible inference law for THC?
This allows a judge/Jury to permissibly infer that the person was under the influence. Colorado is the only state that has this.
What are reinstatement requirements?
What is DWI "per se"
an alcohol level equal to or greater than .08 at the time of driving or within 2 hours of driving and does not require that erratic driving be observed.
What are some DUI probation conditions (6)?
What percent of day or nighttime drivers were drug positive in a yearly studies?
22%
What percentage of persons under the influence of marijuana are involved in car crashes?
25%
What if you want to reinstate in another state?
Client most provide proof to the DMV of completion of education and/or treatment hours (DRS) for past residence to the new residence.