Although driving under the influence is among the most common criminal offenses, the laws surrounding this crime are vast and complicated. Moreover, the procedures that the police must follow in order to properly investigate a DUI are highly regulated. Therefore, it is important to hire a qualified DUI attorney who knows and understands these laws in order to hold the government accountable.
There are several types of law governing drunk driving. The first is statutory law. Statutory law is enacted by the state legislature and published in the Colorado Revised Statutes. These laws define DUI and the legal limits for blood alcohol content. In addition, the Colorado Revised Statutes include the expressed consent law, which requires drivers arrested for DUI to submit to chemical testing.
The second type of law consists of rules and regulations promulgated by state agencies. These laws are published in the Colorado Code of Regulations. In DUI cases, the most relevant regulations are set by the Colorado Department of Public Health and Environment (CDPHE) and the Department of Revenue. The CDPHE sets the rules that police must follow when administering chemical tests. In most cases, if the police fail to follow these regulations, the results of chemical test will be suppressed and the DMV will find in favor of the defendant. The Department of Revenue regulations govern the procedures for hearings at the DMV.
The third type of law is case law. Case law consists of the decisions issued by the Colorado Court of Appeals, the Colorado Supreme Court, and the United States Supreme Court. These decisions interpret the statutes enacted by the legislature and the rights created by the United States and Colorado constitutions.
The laws listed below are included only to offer general information. There are many more laws that may be relevant. In addition, the law is constantly changing in this area. Thus, it is important to speak with an attorney about your case before you ever set foot in court.
DUI Statutory Law
Premiliminary Breath Test Stature
DUI
DUI Per Se
DWAI
DWAI Per Se
Expressed Consent
Open Alcohol Container
Useful Public Service
Sentences
DUI Rules and Regulations
Rules for DMV Hearings
Rules for Blood Tests
Rules for Breath Tests
Rules for Urine Tests
DUI Case Law
Summary of People v. Mersman
Summary of People v. Reynolds
Summary of People v. Roybal
Summary of Schultz v. Maryland
