Recent Posts in DUI Law Category

  • Talking DUI: Can I Refuse to Take A Breathalyzer?

    If you, more often than not, drive here and there while drinking alcohol, then there’s a high likelihood that you’ll get stopped by the police. And the police might ask you to take a urine test, blood test, or a breathalyzer test. For sure, your primary reaction might be to execute nothing that’d incriminate yourself. Besides, there’s the Fifth Amendment against self-incrimination, right? Moving ...
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  • FAQ: Ignition Interlock Devices

    Question: What is an ignition interlock device? A: Some DUI convictions result with the person being required to install an interlock device into their vehicle. This device measures the amount of alcohol in a person’s breath to determine if they are sober enough to operate their vehicle. Some interlock devices also ask for periodic retesting while the vehicle is running. Question: How much does an ...
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  • Do DUI Arrests Increase During the Summer?

    Now that summer is here, many people will be going out for picnics and making trips to nearby rivers and lakes. Since people tend to have more free time during the summer months, the roads are generally much busier with drivers, some of whom have had a few too many alcoholic beverages before getting behind the wheel of their motor vehicle. In addition to increased traffic, summer is also the time ...
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  • Colorado’s Open Container Laws

    In order to understand the open container laws in Colorado, they need to be explained in context. In this blog we talk about open container laws and what exceptions apply in certain circumstances. Open Container & Open Consumption of Alcohol Laws In Colorado, there are 3 categories of open container laws: Category 1: Applies to open containers or consumption of alcohol or marijuana within motor ...
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  • Boating Under the Influence: What You Need to Know

    While most of us are well aware that every state has DUI laws to help keep drivers safe, many people don’t realize that every state and the federal government has laws against boating under the influence (BUI). These laws permit law enforcement officers to stop boats and other watercrafts, to see if the operators and their passengers are under the influence of drugs or alcohol. A BUI charge can be ...
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  • What To Do After You Have Been Arrested For a DUI

    If it is your first time being arrested for driving under the influence (DUI) , you are likely worrying about what you should do next. After all, being placed under arrest can be a scary experience. In addition to facing fines, increased insurance rates, and jail time; your reputation can also take a hit when you are arrested for DUI. Below, we explain what you should do after you have been ...
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  • Field Sobriety Tests: What You Need to Know

    If a police officer suspects that you have been driving under the influence , they will generally ask you to get out of your vehicle and perform a field sobriety test. These tests utilize various physical tasks that are intended to evaluate your capabilities of safely driving a vehicle. Field sobriety tests can include things like making you walk in a straight line or having you stand on one leg ...
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  • What You Need to Know About Marijuana DUIs

    Did you know that there are now more marijuana dispensaries in Colorado than there are Starbucks shops? With the growth of the cannabis industry still continuing, arrests for driving under the influence of marijuana has also seen a steady increase as well. However, despite the increasingly legal use of cannabis in Colorado, police still don't have a chemical test to reliably conclude what the drug ...
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  • Can Police Take my Blood Without my Consent?

    The law in Colorado requires a person arrested for a DUI to submit to a breath or blood test . Under the state’s “expressed consent” law, if there is probable cause that you have been driving under the influence, then you automatically consent to a chemical test of your blood or breath. The same goes if you are suspected to be under the influence of drugs, in which case you submit to a urine test. ...
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  • Should I Refuse a Breath Test?

    As you are driving, you notice flashing blue and red lights in the rearview mirror and immediately pull over. After checking your license and registration, the police officer asks you to perform either a preliminary breath test or a field sobriety test . What should you do? What are the consequences if you do or don’t? Expressed Consent Law in Colorado According to Colorado’s “expressed consent” ...
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  • The Orr Law Firm 2017 Scholarship Winner Announcement

    At the Orr Law Firm, we value the importance of justice, and the accused receiving a fair trial. We’ve been successfully defending DUI clients for 15 years. DUI defense is one of the most complex and scientifically based crimes in America. Almost all the evidence gathered against the defendant is based on science, pseudo-science and scientific principles (however the “accuser” is often a machine). ...
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  • Marijuana DUI Defendants are Being Acquitted in Colorado

    In the state of Colorado, marijuana is legal for adult recreational use. However, driving under the influence of marijuana is still illegal. Police are pulling over and arresting drivers suspected of driving under the influence of marijuana, but the charges are often dropped when the case goes to trial. Why is this? The Problem Prosecutors Face Prosecutors have a difficult time proving that ...
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  • How To Handle An Out Of State DUI/DWI

    If you're faced with an out of state DUI charge, you may wonder what happens. Perhaps you were on vacation and had a couple of drinks with dinner. Because you didn't know the area well, you were driving slowly. Because of this, a cop decides to pull you over. Then he smells alcohol on your breath and he arrests you for driving under the influence. Now, you're faced with having to deal with a DUI ...
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  • Can My DUI be Expunged in Colorado?

    An expungement clears your criminal record, making it inaccessible to potential employers or to anyone who would need to run a background check. Even if you have not been convicted, but just arrested or charged with a crime, you will still have a criminal record. As a generality, Colorado doesn’t grant expungements for adult DUI cases. In very specific circumstances, an expungement might be ...
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  • Can I be charged with a DUI due to Medical Marijuana?

    Everyone knows drinking and driving can land you a DUI , which is why so many of us regularly take use of ridesharing apps such as Uber or Lyft. However, did you know you can still be charged with a DUI because of your medical marijuana usage? In the state of Colorado, you may be charged with a DUI if you operate a vehicle while under the influence of alcohol or one or more drugs, as well as if ...
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  • Avoid a DUI this Fourth of July

    Fourth of July is one of the most exciting holidays we look forward to all year, as it is the perfect reason to come together with our friends and family to celebrate what is a wonderful commemoration of our nation. With Fourth of July around the corner, you likely already have plans to celebrate with your loved ones, and are looking forward to the pool parties, barbeques, and beautiful firework ...
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  • What You Need to Know About Bicycle DUIs

    Denver is a thriving town with a large cyclist community. While biking can be a great way to get around the city, you still have to be mindful of certain laws, including DUI laws. Yes, you can still be pulled over and arrested for bicycling while under the influence of alcohol or drugs. What Happens If I Get Pulled Over? If you are found to have a blood alcohol concentration (BAC) above the legal ...
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  • Why Hire an Intoxilyzer-Certified Attorney?

    DUI is a serious charge. In some cases, you only have seven days to preserve your right to drive after being arrested on charges of intoxicated driving. It is important to act quickly when faced with DUI charges in Colorado. Not only that, but you’ll want to hire an attorney who will act strategically and who understands how to effectively navigate your case and craft the best possible defense. ...
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  • Colorado Breathalyzers May Have Questionable Certification

    Colorado law enforcement finds itself in quite the pickle, as the evidence in potentially thousands of DUI cases could be thrown out due to uncertified breathalyzer machines. In the year 2013, Colorado purchased 162 new I-9000 Intoxilyzer breathalyzer machines for increased accuracy in DUI tests. Each one of the new machines needed to be tested and certified for accuracy by state personnel in ...
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  • Denver Bar Sued in Wake of Vehicular Manslaughter

    A Denver bar has been named in a wrongful death suit following the DUI-related death of a Colorado State Trooper. Brooklyn’s Bar near Sports Authority Field has been sued by the husband of Officer Jaimie Jursevics, who was killed last November by retired Army Colonel Eric Henderson. As the Denver Post reports, Brooklyn’s Bar is accused of serving Henderson while he was visibly intoxicated. ...
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  • No Jail For a Felony DUI Conviction?

    When Colorado passed legislation in June 2015 to make a 4 th or subsequent DUI conviction a felony offense, the intent was to impose a harsher punishment on habitual drunk drivers. Many Colorado prosecutors are now saying that this new law was a “step backward,” however, as many individuals convicted of felony DUI are not serving any jail time. Politics Shaped The Bill As reported by the Denver ...
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  • Nearly 100 drivers per month charged under new felony DUI law

    This is an edited excerpt from a news story on KOAA.com [A district attorney] estimates that his prosecutors have charged at least 100 felony cases in the Pikes Peak Region since the law was enacted last August. Fifteen of those cases resulted in prison sentences, and around 70 are still going through the courts. In order to qualify for a felony charge, prosecutors must prove that a defendant has ...
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  • Supreme Court makes new rulings on drunk driving arrests

    This story was originally written by Associated Press The Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests. The justices ruled that police must obtain a search warrant before requiring drivers to take blood alcohol tests, but not breath tests, which the court considers less intrusive. The ruling came ...
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  • Colorado's DUI Statute

    (1) (a) It is a misdemeanor for any person who is under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, to drive a motor vehicle or vehicle. (b) It is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive a motor vehicle or vehicle. (c) It is a ...
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  • Ignition Interlock and SCRAM devices

    As the result of pressure from lobbying groups, the federal government has increased the pressure on the states to take measures to ensure repeat offenders do not drink and drive and in some cases, consume alcohol at all. Similar to the same methods used to force the states to lower the legal limit from .10 to .08 and increase the legal drinking age to 21, the federal government threatens to ...
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