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Colorado DUI - Colorado Drunk Driving Defense - US DUI Links Cases DUI FAQS DMV Services Fees SURVIVAL TIPS Colorado Misdemeanors DUI News Colorado DUI Defense Office of Jim Forslund 3780 S. Broadway Englewood, CO 80113 303-761-6067 CELL: 303-332-3602 FAX: 303-672-6815 DUI Interview Don't Let Your Colorado DUI Ruin Your Life! I will fight to save your license and freedom! DUI Directory DUIlaw When you've been arrested for a DUI in Denver or Boulder and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer. I understand that you're probably feeling confused, angry, or somewhat fearful about what's happened to you. The process of being arrested, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that. To be honest with you--you're faced with a charge which can have serious outcomes. (Please see what your DUI may cost .)I don't want to scare you, but let me give you a glimpse of what's in store for you. If your case goes the wrong way you could lose your license, your insurance could go up, you could be fined, it could hurt you when you apply for a job, and you could even go to jail. I'll Help You Keep Your License and Your Freedom I know you're fearful about what might happen to you, but I'd like you to know that there's a good chance I can help. Did you know that there are at least 20 possible challenges that can be made to the charges you are facing? I can raise applicable ones for you so your case is as strong as possible. Sure, I can just fill out the forms and talk to the District Attorney, but in many cases the best choice is to fight. That's the kind of case I focus on. My goal is to get you off, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn't have been. At the very least, I'll make sure that you're being treated fairly. The District Attorney prosecutes these types of cases all day. He knows--and is willing to use against you--all of the fine legal points that are available to him. The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceeds a certain limit. That sounds pretty cut and dried, but it's not quite as simple as that. You see, if challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which may prove you innocent, an attorney can make him give you that information also. Get The Legal Help You Need That's where I come in. I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly. If they weren't, then his case is weakened. I can't promise you that I'll be successful because each case is unique. Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them. Maybe there are some things distinctive to your case which are important. However, all things being equal, I think you'll find that I am well-skilled and that I fiercely protect your rights. When you retain me you'll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I've done it numerous times. You'll be certain you are being treated fairly by the judicial system because I'll insist: that the District Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them. that the DA provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence. on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified. on proof that you were advised of all of your rights. If you weren't, the DA's case may be weakened. I talk to the District Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged, he has to take a lot of time producing this material and witnesses. As you can see, what looks simple gets pretty complex. As your attorney I will look into all ofthese things for you so that you will have the best possible case. Actually, there is more, but I don't have space in this letter to tell you all of it. Free Consultation and Review of Your DUI Arrest $150 Value You're probably like most people arrested for a DUI. You don't really know the rightthing to do about it, and you don't know whether or not you can win if you contest your arrest. For both of these reasons, I'd like to buy you a free consultation to give you the additionalinformation I just mentioned and to review your case. If you would like to meet with me, I will be happy to set up an appointment with you. That way you'll be able to learn all you need to know about your situation. This telephoneconference is free to you, will last about an hour, and there is no further obligation at all. In fact,until you agree, in writing, to pay me, you will never owe me any money. You can call and leave a message at any time. Here's How I'll Protect Your Rights When we talk, I will analyze the facts of your case, give you my opinion about it, and discuss my approach to it. I'll explain how we'll protect your legal rights, what your options are,and how the whole judicial process works, so you'll know exactly what happens. Plus, you'll learn how I will guide you through the court system and how I'll championyour rights, using all my ingenuity and the options in the legal system to defend and protect you. For example, I'll review the Complaint against you . . . the steps which were used toconduct the chemical and roadside tests against you to determine if they are valid . . . and I'll showyou how the police officer's testimony can be impeached. I will also tell you about my fees. (Please see my fees information page )) Anything you tell me during this and all other meetings will be confidential, whether or not you retain me. In summary, with my help you'll get: A free initial phone consultation. Personalized attention. I'll return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together. Reasonable fees , and you'll know in advance how you'll be charged. Experience . For over 18 years I've helped people just like you. Aggressiveness . While I accept peaceful settlements, I take a tough stance to protect you. So, if you want an attorney you can talk to, who understands what you want, who isinterested in you and your situation, and who fights to get you results, call me today at 303-761-6067 for your free consultation. The first meeting is free, so there is no risk on your part; and you'll be able to get all yourquestions answered. When we are finished, if you're not convinced that I will be able to protectyou to your complete satisfaction, then you can leave and I won't trouble you again . . . and you'llowe me nothing. In any event, at the end of the consultation you'll be more knowledgeable, you'll knowwhat to expect in the judicial process, and be able to make more informed decisions about yourcase. And by the way, your arrest may have included a cancellation of your drivingprivileges. You only have seven days to respond to this issue. As a courtesy to you, I willtell you what you must do about this, at no charge, just for calling me. Please remember, the charges against you are serious and can carry severe consequenceswhich could be damaging to your present and your future. You can discover for yourself how Ican help save your license and freedom by calling me at 303-761-6067. Sincerely, Jim Forslund P.S. In case you're still undecided about who, if anyone, to go to, let me tell you one final thing--it may be important. There is no extra fee for handling any other charges on the Complaint against you, as long as it is no more serious than a misdemeanor. © 2001 BLS Drunk Driving websites Find a DWI DUI Drunk Driving Lawyer in your state. Ten Mistakes How to avoid the 10 biggest mistakes most people make after being arrested for DUI. Case Tips 53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU Police Mistakes Mistakes the police make . . . and how they can help you. Colorado DUI/DWAI Law CRS § 42-4-1301. Driving under the influence--driving while impaired by alchohol, alchol or alcohol. DUI now .08 in Colorado This applies to arrests made on 7/1/4 or later. Do not plead to impaired if you are below .08! What Happens After A DUI Arrest? There are usually both Motor Vehicle and Court Proceedings. Lawyer Mistakes The Top 10 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them Rights in a Colorado DUI It is very important to understand them. Calculate Your Blood Alcohol Content It makes a difference. Colorado Blood Alcohol Chart Colorado DUI Penalties What you are facing. License Statute Do you face the loss of your license. What Can I Do to Save My License? Fight to save your license! If you drive after losing your license, you face substantial penalties. Finding Places Maps, addresses, phone numbers. Where to request a DMV hearing to fight to save your license. Challenges There are many possible challenges that can be made to the charges you are facing. Attorney Information Area covered. Address. Phones. Colorado attorneys beyond coverage area. We serve clients in the greater Denver Boulder Metro area. DUI & Immigration Interstate Driver License Compact How to get a Colorado license when your driver license is suspended in another state. Humor Break Did you spell it alchohol, alchol or alcohol? Alchohol is the most common. Alchol the least, but right after alcohol, which is correct. Colorado DUI Courts . DUI courts in the north-eastern 2/3 of Colorado. Colorado DMV Offices . DMV offices in the north-eastern 2/3 of Colorado. International Referral Database DWI DUI Drunk Driving Lawyers: Alaska: Anchorage Arizona: Phoenix Sierra Vista Tucson California: Los Angeles Sacramento San Diego San Francisco Santa Barbara Santa Cruz Colorado Denver Colorado Springs Pagosa Springs Trinidad Connecticut: New London Florida: Fort Pierce Georgia: Atlanta Illinois: Chicago Louisiana: Covington Maryland: Greenbelt Massachusetts: Boston Minnesota: Minneapolis Mississippi: Jackson Missouri: Kansas City St. Louis Nevada: Las Vegas New Jersey: Cherry Hill New York: Long Island New York City North Carolina: Durham North Dakota: Grand Fork Ohio: Columbus Oklahoma: OK City Oregon: Medford Pennslyvania: Edinboro Montgomery & Bucks Philadelphia Pittsburgh State College Tennessee: Memphis Texas: Austin Conroe Dallas Denton Ft. Worth Houston Kerrville League City Lubbock Plano San Antonio Utah: Ogden Virginia: Manassas Newport News Washington: Lynnwood West Viginia: Clarksburg Wisconsin: Milwaukee Madison External Links 500+ DUI law firms The laws of other states are different than Colorado laws. Sites that have linked to ours. Site Index
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blood alcohol content (BAC) Blood Alcohol Content MHS Chemistry Blood Alcohol Content Purpose The purpose of this assignment is to discuss some of the implications of, and need for, careful data handling. Instructions As you reflect on the following specific situation and questions, consider issues, questions, and concerns that you have regarding the nature of the measurement. Discuss them in a small group and be prepared to present then to a large group. Suppose a person who is suspected of driving while under the influence of alcohol (DWI) has blood withdrawn for purposes of doing a blood alcohol content (BAC) test. Five people independently run the BAC test from portions of the same original sample and acquire the following results: as a trained assistant, you get a reading of 0.078% BAC, while a nurse gets 0.07%, a resident intern gets 0.0713%, a laboratory technician obtains a reading of 0.08%, and the head MD (doctor) gets a 0.09%. 1. What should be reported as the BAC for this individual? Explain fully how you arrived at your answer. 2. Give several reasons why five trained individuals might come up with different readings. 3. Should the individual be presumed to be under the influence of alcohol under Rhode Island law? Explain why or why not. Reference In order to comply with federal standards, HB 5452 / SB 249 makes driving with a blood-alcohol level of .08 a crime rather than a civil offense. Failure to enact such legislation this year would have resulted in the loss of $17 million in federal transportation funds earmarked for new highway safety programs. Previous law already prohibited driving with a blood-alcohol level of .08, but driving with a level between .08 and .10 was not a criminal act. Three years ago, lawmakers lowered the legal limit to .08, but as a civil offense unless the case involved death or serious injury. The legislation also increases the penalties for drunken driving, retaining a distinction between .08 and .10 cases on the penalty end. A driver with a blood-alcohol level of at least .08 but less than .10 would be punished by a fine of $100 to $300, 10 to 60 hours of community service, and/or up to a year in jail. The license suspension would be one to six months. A driver with a level of at least .10 but less than .15 would be punished by a fine of $100 to $400, 10 to 60 hours of community service, and/or up to a year in jail. The license suspension would be three to six months. http://www.theiacp.org/leg_policy/Legupdate/2003/RhodeIsland.pdf [ MHS Chemistry page ]
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dwai laws information that DWI DUI OWI OUI Driving in District of Columbia DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment This is a database of District of Columbia dui, dwai laws information that has been contributed by dui, dwai attorneys in District of Columbia . All District of Columbia dui, dwai defense counsel are welcome to join the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys . A District of Columbia attorney is your best source of legal information about dui, dwai law in District of Columbia . District of Columbia legislation respecting dui, dwai can be found by clicking on "DUI and DWI Legislation" below. District of Columbia dui, dwai attorneys attend dui, dwai court at the dui, dwai "DUI Courthouses and DWI Courthouses" Directory link below. Breath instruments used in District of Columbia dui, dwai investigations are also linked at "BAC Instruments Used in DUI Court and DWI Court Cases" below as well as "DUI and DWI Breath and Blood Collection Standards", that is dui, dwai alcohol test standards for District of Columbia . The "Summaries of District of Columbia dui, dwai Law" page contains short summaries of District of Columbia dui, dwai laws on a single page provided by each District of Columbia attorney who has chosen to participate. This is an excellent DUI page to print. The District of Columbia "First Appearance in dui, dwai Court" page contains basic information about what to do before and at dui, dwai Court in District of Columbia . It is a good idea to "Be Early for dui, dwai Court in District of Columbia for the reasons linked below . Find out "What to Wear to District of Columbia dui, dwai Court". Information is also provided respecting government dui, dwai DMV MOT facilities in "Directory of Motor Vehicle Offices" for District of Columbia . If you have been charged with dui, dwai in District of Columbia , please consult a District of Columbia dui, dwai lawyer or District of Columbia dui, dwai attorney forthwith . District of Columbia attorneys who wish to participate in this database should visit the AddingYour Firm page. We welcome DUI lawyers, attorneys, and barristers who speak languages other than English as well as DWI lawyers, attorneys, and barristers who practise outside Canada and the United States. In the future we hope to provide this database in French, Polish, Spanish and other languages. Please provide your suggestions to biss@lawyers.ca . District of Columbia DWI DUI OWI OUI Information Summaries of DUI Law DWI Law for District of Columbia What to Do On DUI Court DWI Court First Appearance What to Wear to DUI Court DWI COurt Being Early for DUI Court and DWI Court Directory of DUI Courthouses and DWI Courthouses in District of Columbia Directory of Motor Vehicle Offices BAC Instruments used in DUI Court and DWI Court Cases DUI and DWI Breath and Blood Collection Standards and Departments Responsible DUI and DWI Legislation in District of Columbia Substantive DUI/DWI/Excess Alcohol Offense DUI DWI Refusal Offense/Presumption DUI DWI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI DWI Penalties Suspension on Conviction, Prohibition DUI DWI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DWI DUI Reciprocal DUI DWI Agreements Constitutional Rights in DUI DWI Cases Other Criminal Non-DUI Non-DWI Legislation DUI Attorneys DWI Attorneys - Lists by County in District of Columbia List of DUI Attorneys DWI Attorneys and Practice Descriptions Avocats DUI,DWI, droit criminel Adwokaci DUI,DWI, prawo kryminalne List of DUI Forensic Experts, DWI Forensic Experts and Practice Descriptions State/Province DUI DWI Data and Links to DUI DWI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI DWI and Criminal Defense Character Reference Letters Articles and Writings District of Columbia DUI Attorney DWI Attorney Articles and Writings District of Columbia DUI Lawyer DWI Lawyer Articles and Writings District of Columbia Drunk Driving Attorney Articles and Writings District of Columbia Drunk Driving Lawyer Articles and Writings AddDL Click Here to Contact a DUI-Help.com Attorney in District of Columbia Now Lawyers and DUI Information in District of Columbia Cities and Towns Sponsored by: dui, dwai DUI-Help District of Columbia dui, dwai Attorney DUI Attorneys in Washington , District of Columbia DUI Lawyers , DWI Attorneys Washington, DC DWI Drunk Driving Lawyers 1340 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.
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DWAI Defense Lawyer Lloyd Colorado DUI/DWAI Attorney, Drunk Driving Arrest, Legal Information, DUI/DWAI Defense Lawyer Lloyd L. Boyer CALL TODAY FOR YOUR FREE CASE EVALUATION! Toll Free: 1-866-DUI-COLO (1- 866-384 -2656) FREE ONLINE CASE EVALUATION - CLICK HERE! Email Us Today! Home About Colorado DUI/DWAI Defense Lawyer Lloyd L. Boyer Summary of Colorado's DUI Law Penalties for DUI in Colorado DUI/DWAI Frequently Asked Questions Court List for Colorado DUI Cases Colorado License Suspension Laws Drivers License Records DPS / DMV / BMV / MVR Offices Calculate Your Blood Alcohol Site Map Summary of Colorado's DUI Law ALCOHOL AND DRUG OFFENSES 42-4-1301. Driving under the influence — driving while impaired — driving with excessive alcoholic content — penalties. (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 any vehicle in this state. (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 any vehicle in this state. (c) It is a misdemeanor for any person who is an habitual user of any controlled substance defined in section 12-22-303 (7), C.R.S., to drive any vehicle in this state. (d) For the purposes of this subsection (1), one or more drugs shall mean all substances defined as a drug in section 12-22-303 (13), C.R.S., and all controlled substances defined in section 12-22-303 (7), C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of any other toxic vapor or vapors. (e) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the medical use of marijuana pursuant to section 18-18-406.3, C.R.S., shall not constitute a defense against any charge of violating this subsection (1). (f) "Driving under the influence" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. (g) "Driving while ability impaired" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. (h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI, it shall be sufficient to describe the offense charged as "drove a vehicle under the influence of alcohol or drugs or both". (i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI, it shall be sufficient to describe the offense charged as "drove a vehicle while impaired by alcohol or drugs or both". (2) (a) It is a misdemeanor for any person to drive any vehicle in this state when the person's BAC is 0.08 or more at the time of driving or within two hours after driving. During a trial, if the state's evidence raises the issue, or if a defendant presents some credible evidence, that the defendant consumed alcohol between the time that the defendant stopped driving and the time that testing occurred, such issue shall be an affirmative defense, and the prosecution must establish beyond a reasonable doubt that the minimum 0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result of alcohol consumed by the defendant before the defendant stopped driving. (a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age to drive any vehicle in this state when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving. The Court , upon sentencing a defendant pursuant to this subparagraph (I), may, in, addition to any penalty imposed under a class A traffic infraction, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, C.R.S., and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant’s own expense. (II) A second or subsequent violation of this paragraph (a.5) shall be a class 2 traffic misdemeanor. (b) In any prosecution for the offense of DUI per se, the defendant shall be entitled to offer direct and circumstantial evidence to show that there is a disparity between what the tests show and other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate. Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the analysis of the person's blood or breath. (c) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI per se, it shall be sufficient to describe the offense charged as "drove a vehicle with excessive alcohol content". (3) The offenses described in subsections (1) and (2) of this section are strict liability offenses. (4) No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or guilty to the offense of UDD from a person charged with DUI, DUI per se, or habitual user; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or to UDD upon a good faith representation by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-related offense. (5) Notwithstanding the provisions of section 18-1-408, C.R.S., during a trial of any person accused of both DUI and DUI per se, the court shall not require the prosecution to elect between the two violations. The court or a jury may consider and convict the person of either DUI or DWAI, or DUI per se, or both DUI and DUI per se, or both DWAI and DUI per se. If the person is convicted of more than one violation, the sentences imposed shall run concurrently. (6) (a) In any prosecution for DUI or DWAI, the defendant's BAC at the time of the commission of the alleged offense or within a reasonable time thereafter gives rise to the following presumptions or inferences: (I) If at such time the defendant's BAC was 0.05 or less, it shall be presumed that the defendant was not under the influence of alcohol and that the defendant's ability to operate a vehicle was not impaired by the consumption of alcohol. (II) If at such time the defendant's BAC was in excess of 0.05 but less than 0.08, such fact gives rise to the permissible inference that the defendant's ability to operate a vehicle was impaired by the consumption of alcohol, and such fact may also be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol. (III) If at such time the defendant's BAC was 0.08 or more, such fact gives rise to the permissible inference that the defendant was under the influence of alcohol. (b) The limitations of this subsection (6) shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or whether or not the defendant's ability to operate a vehicle was impaired by the consumption of alcohol. (c) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related traffic offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine such person's alcohol or drug level. The department of public health and environment may, by rule, determine that, because of the reliability of the results from certain devices, the collection or preservation of a second sample of a person’s blood, saliva, or urine or the collection and preservation of a delayed breath alcohol specimen is not required. This paragraph (c) shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. Nothing in this paragraph (c) shall preclude a defendant from offering evidence concerning the accuracy of testing devices. (d) If a person refuses to take or to complete, or to cooperate with the completing of, any test or tests as provided in section 42-4-1301.1 and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to take or to complete, or to cooperate with the completing of, any test or tests. (e) Involuntary blood test — admissibility. Evidence acquired through an involuntary blood test pursuant to section 42-4-1301.1 (3) shall be admissible in any prosecution for DUI, DUI per se, DWAI, habitual user, or UDD, and in any prosecution for criminally negligent homicide pursuant to section 18-3-105, C.R.S., vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S., assault in the third degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S. (f) Chemical test — admissibility. Strict compliance with the rules and regulations prescribed by the department of public health and environment shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results. (g) It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer's or supplier's certificate of compliance with such rules and regulations if such certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit. (h) In any trial for a violation of this section, the testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who the law enforcement officer reasonably believed was authorized to withdraw blood specimens shall be sufficient evidence that such person was so authorized, and testimony from the person who obtained the blood specimens concerning such person's authorization to obtain blood specimens shall not be a prerequisite to the admissibility of test results concerning the blood specimens obtained. (i) (I) Following the lawful contact with a person who has been driving a vehicle, and when a law enforcement officer reasonably suspects that a person was driving a vehicle while under the influence of or while impaired by alcohol, the law enforcement officer may conduct a preliminary screening test using a device approved by the executive director of the department of public health and environment after first advising the driver that the driver may either refuse or agree to provide a sample of the driver's breath for such preliminary test; except that, if the driver is under twenty-one years of age, the law enforcement officer may, after providing such advisement to the person, conduct such preliminary screening test if the officer reasonably suspects that the person has consumed any alcohol. (II) The results of this preliminary screening test may be used by a law enforcement officer in determining whether probable cause exists to believe such person was driving a vehicle in violation of this section and whether to administer a test pursuant to section 42-4-1301.1 (2). (III) Neither the results of such preliminary screening test nor the fact that the person refused such test shall be used in any court action except in a hearing outside of the presence of a jury, when such hearing is held to determine if a law enforcement officer had probable cause to believe that the driver committed a violation of this section. The results of such preliminary screening test shall be made available to the driver or the driver's attorney on request. (7) Penalties. (a) (I) Except as otherwise provided in subparagraphs (II) and (IV) of this paragraph (a), every person who is convicted of DUI, DUI per se, or habitual user shall be punished by: (A) Imprisonment in the county jail for not less than five days nor more than one year, the minimum period of which shall be mandatory except as otherwise provided in section 42-4-1301.3; and (B) In the court's discretion, a fine of not less than three hundred dollars nor more than one thousand dollars; and (C) Not less than forty-eight hours nor more than ninety-six hours of useful public service, the performance of the minimum period of which shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service. (II) Upon conviction of a violation described in sub-subparagraph (A) or (B) of subparagraph (III) of this paragraph (a), an offender shall be punished by: (A) Imprisonment in the county jail for not less than ninety days nor more than one year, the minimum period of which shall be mandatory; except that the court may suspend up to eighty days of the period of imprisonment if the offender complies with the provisions of section 42-4-1301.3; and (B) In the court's discretion, a fine of not less than five hundred dollars nor more than one thousand five hundred dollars; and (C) Not less than sixty hours nor more than one hundred twenty hours of useful public service, the performance of the minimum period of which shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service. (III) Subparagraph (II) of this paragraph (a) shall apply to: (A) A conviction for DUI, DUI per se, or habitual user, which violation occurred at any time after the date of a previous violation, for which there has been a conviction, for DUI, DUI per se, or habitual user, or for vehicular homicide pursuant to section 18-3-106 (1) (b) (I), C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b) (I), C.R.S., or of driving while such person's driver's license was under restraint pursuant to section 42-2-138 (4) (b); or (B) A conviction for DUI, DWAI, or DUI per se when the person's BAC was 0.20 or more at the time of driving or within two hours after driving. (IV) Upon a conviction for DUI, DUI per se, or habitual user, which violation occurred at any time after the date of a previous violation, for which there has been a conviction, for DWAI, an offender shall be punished by: (A) Imprisonment in the county jail for not less than seventy days nor more than one year, the minimum period of which shall be mandatory; except that the court may suspend up to sixty-three days of the period of imprisonment if the offender complies with the provisions of section 42-4-1301.3; and (B) In the court's discretion, a fine of not less than four hundred fifty dollars nor more than one thousand five hundred dollars; and (C) Not less than fifty-six hours nor more than one hundred twelve hours of useful public service, the performance of the minimum period of service which shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service. (b) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (b), every person who is convicted of DWAI shall be punished by: (A) Imprisonment in the county jail for not less than two days nor more than one hundred eighty days, the minimum period of which shall be mandatory except as provided in section 42-4-1301.3; and (B) In the court's discretion, a fine of not less than one hundred dollars nor more than five hundred dollars; and (C) Not less than twenty-four hours nor more than forty-eight hours of useful public service, the performance of the minimum period of which shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service. (II) Upon conviction of a second or subsequent offense of DWAI, an offender shall be punished by: (A) Imprisonment in the county jail for not less than forty-five days nor more than one year, the minimum period of which shall be mandatory; except that the court may suspend up to forty days of the period of imprisonment if the offender complies with the provisions of section 42-4-1301.3; and (B) In the court's discretion, a fine of not less than three hundred dollars nor more than one thousand dollars; and (C) Not less than forty-eight hours nor more than ninety-six hours of useful public service, the performance of the minimum period of which shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service. (III) Upon conviction for DWAI, which violation occurred at any time after the date of a previous violation, for which there has been a conviction, for DUI, DUI per se, or habitual user, or vehicular homicide pursuant to section 18-3-106 (1) (b) (I), C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b) (I), C.R.S., or of driving while such person's driver's license was under restraint as described in section 42-2-138 (4) (b), an offender shall be punished by: (A) Imprisonment in the county jail for not less than sixty days nor more than one year, the minimum period of which shall be mandatory; except that the court may suspend up to fifty-four days of the period of imprisonment if the offender complies with the provisions of section 42-4-1301.3; and (B) In the court's discretion, a fine of not less than four hundred dollars nor more than one thousand two hundred dollars; and (C) Not less than fifty-two hours nor more than one hundred four hours of useful public service, the performance of the minimum period of which shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service. (IV) Deleted. (c) (I) For the purposes of paragraphs (a) and (b) of this subsection (7), a person shall be deemed to have a previous conviction for DUI, DUI per se, DWAI, or habitual user, or vehicular homicide pursuant to section 18-3-106 (1) (b) (I), C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b) (I), C.R.S., if such person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an act that, if committed within this state, would constitute the offense of DUI, DUI per se, DWAI, or habitual user, or vehicular homicide pursuant to section 18-3-106 (1) (b) (I), C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b) (I), C.R.S. (II) For sentencing purposes concerning convictions for second and subsequent offenses, prima facie proof of a defendant's previous convictions shall be established when the prosecuting attorney and the defendant stipulate to the existence of the prior conviction or convictions or the prosecuting attorney presents to the court a copy of the driving record of the defendant provided by the department of revenue of this state, or provided by a similar agency in another state, that contains a reference to such previous conviction or convictions or presents an authenticated copy of the record of the previous conviction or judgment from any court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States. The court shall not proceed to immediate sentencing when there is not a stipulation to prior convictions or if the prosecution requests an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial, and sentencing concerning convictions for second and subsequent offenses shall be a matter to be determined by the court at sentencing. (III) As used in this part 13, "convicted" includes a plea of no contest accepted by the court. (d) In addition to the penalties prescribed in this subsection (7): (I) Persons convicted of DUI, DUI per se, DWAI, habitual user, and UDD are subject to the costs imposed by section 24-4.1-119 (1) (c), C.R.S., relating to the crime victim compensation fund; (II) Persons convicted of DUI, DUI per se, DWAI, and habitual user are subject to an additional penalty surcharge of not less than twenty-five dollars and not more than five hundred dollars for programs to address persistent drunk drivers. Any moneys collected for such surcharge shall be transmitted to the state treasurer, who shall credit the same to the persistent drunk driver cash fund created by section 42-3-130.5. [EDITOR'S NOTE: SUBPARAGRAPH (III) WILL BE EFFECTIVE JANUARY 1, 2004.] (III) Persons convicted of DUI, DUI per se, DWAI, habitual user, and UDD are subject to a surcharge of fifteen dollars to be transmitted to the state treasurer who shall deposit said surcharges in the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S. (e) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted pursuant to this section to a period of probation for purposes of treatment not to exceed two years; in addition, a court may also sentence a defendant who is twice or more convicted pursuant to this section to a period of probation not to exceed two additional years for the purpose of monitoring compliance with the court orders. As a condition of probation, the defendant shall be required to make restitution in accordance with the provisions of section 18-1.3-205, C.R.S. (f) In addition to any other penalty provided by law, the court may sentence a defendant to attend and pay for one appearance at a victim impact panel approved by the court, for which the fee assessed to the defendant shall not exceed twenty-five dollars. (g) In addition to any fines, fees, or costs levied against a person convicted of DUI, DUI per se, DWAI, habitual user, and UDD, the judge shall assess each such person for the cost of the presentence or postsentence alcohol and drug evaluation and supervision services. (h) In addition to any other penalties prescribed in this part 13, the court shall assess an amount, not to exceed one hundred twenty dollars, upon any person required to perform useful public service. (8) A second or subsequent violation of this section committed by a person under eighteen years of age may be filed in juvenile court. National Drunk Driving Defense - Find the best attorney to represent your case. 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