First Offense Super Extreme DUI Penalties
Felony DUI: Questions linger about Colorado law
The new law carries harsher potential penalties, including the possibility of a prison sentence, for anyone arrested for driving under the influence or alcohol or drugs who already has three or more DUI convictions on their criminal record. In 2016, the first full year the felony DUI law was in effect, it was charged 78 times in Larimer County and 88 times in Weld County. Determining whether someone has three or more previous DUI convictions has been a haphazard and inconsistent process that has resulted in people eligible for the felony penalty instead being charged with a misdemeanor. If any indication exists of three separate DUI charges, the case will progress as a felony until the local district attorney can review the case. The process of dropping a DUI charge from a felony to a misdemeanor is easier than pushing a misdemeanor to a felony. Jay Tiftickjian, a Denver attorney specializing in DUI cases, was among those most critical of the effort to make a fourth impaired driving arrest a felony. Details about felony DUI sentencing in Larimer County is not easily attainable. No group tracks such records, and compiling the information would require querying each of the closed felony DUI cases. Since last year was the first full year the law was on the books, determining a trend or finding how commonly felony DUI will be used is not doable. More than 26,000 DUI arrests are made annually in Colorado.
Washington’s new E-DUI law takes effect
SEATTLE – On Sunday Washington’s new distracted driving law went into effect. Drivers will now get a ticket for being on the phone or holding any electronic device behind the wheel. State troopers say they will hand out warnings for six months but if a trooper decides actions of a driver warrant a ticket they will write one. Police departments across western Washington say they will give drivers time to adjust to the new law but that the law is on the books and they will be enforcing it. The distracted driving law means drivers may not use hand-held cell phones while driving, stopped in traffic or at a stop light. Law enforcement agencies suggest plugging in routes on a phone and starting music before driving. Meyer has fought tirelessly for this law after her son Cody died in May 2016 after being hit by a driver who was on the phone while he was working as a flagger in Issaquah. She adds this new law will take time to enforce and for drivers to change behaviors, but that it could have beneficial long-term effects on the culture like how drinking and driving has evolved. As part of the new distracted driving law, drivers who can also get a $99 ticket for other types of distractions such as grooming, smoking, eating or reading if the activity interferes with safe driving and drivers are pulled over for another traffic offense. Drivers of commercial vehicles must follow federal laws.
Tiftickjian Law Firm, P.C.
Denver, Colorado Felony DUI. As of June 1, 2015, Colorado became the 47th state to enact a felony DUI law. Under the new law, individuals who receive a fourth-strike DUI conviction face the possibility of spending multiple years in prison and paying hundreds of thousands of dollars in fines. The latest changes to the law, signed on June 6th, 2017 and in effect on August 9th, 2017, set minimum sentences for felony DUI convictions. Judges have broad discretion in imposing penalties under Colorado’s felony DUI law, and individuals who have an aggressive, impassioned advocate on their side will have the best chance of minimizing the repercussions from their arrest. Attorney Jay Tiftickjian has been a vocal opponent of Colorado’s DUI law. Prior to enactment of Colorado’s felony DUI law, a fourth conviction was treated similarly to a third. Under Colorado’s felony DUI law, a fourth-strike DUI offense can be charged as a Class IV felony, carrying up to a six-year prison sentence and $500,000 in fines. For purposes of counting convictions, the law considers not only Colorado DUIs., but drunk driving or impaired driving convictions from any state in the country. Learn more about why attorney Jay Tiftickjian has opposed Colorado’s felony DUI law. Thanks to Colorado’s felony DUI law, drivers can now face truly life-changing consequences even for routine DUI arrests.
California DUI Law Guide
23152(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. 2315d(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle. 23152(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses – but can only be punished for one. You should be advised that submission to field sobriety testing and portable field breath testing is not required by law. If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your DUI defense attorney. California DUI Laws and ProceduresHelpful legal information from an 5-attorney California law firm practicing DUI defense exclusively. Basic DUI Law.Verbatim presentation of the basic misdemeanor DUI law, California Vehicle Code section 23152. California Vehicle Code.Verbatim collection of sections of the Code which apply to drunk driving criminal and license suspension cases. Collection of the most significant decisions from the Court which have effected drunk driving cases; the opinions are presented in their entirety.