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REPEAT DWI OFFENDERS IN THE UNITED STATES T RAFFIC T ECH Technology Transfer Series Number 85, February 1995   REPEAT DWI OFFENDERS IN THE UNITED STATES In 1992, more people were arrested in the U.S. for driving under the influence (DUI) or driving while intoxicated (DWI) than any other reported criminal offense. Over 1.6 million drivers were arrested for DUI or DWI compared to 1.5 million people arrested for larceny or theft and 1.1 million people for drug abuse violations. There is public concern that many of these drivers arrested each year for DWI are repeat offenders. There is also convincing evidence that repeat offenders as a group are high risk problem drinker drivers. This Traffic Tech discusses the extent of the repeat DWI offender problem in various states and some sanctions being used to reduce DWI recidivism. The National Highway Traffic Safety Administration (NHTSA) requested available information from all the states in order to define the extent of the repeat offender problem. Twelve states provided data. The results shown in Table 1 indicate that about one third of all drivers arrested or convicted of DWI each year are repeat DWI offenders. This proportion ranges from 21% of drivers convicted of DWI in Iowa in 1992 to 47% in New Mexico in 1990. The median is around 31% - 32% of arrests and/or convictions. One study in California showed that for every driver convicted of DUI in 1980, a full 44% were convicted again of DUI within 10 years. Drivers with prior DWI convictions are also overrepresented in fatal crashes and have a greater relative risk of fatal crash involvement. One study showed that about 3 percent of all licensed drivers had a prior arrest for DWI within the past three years, yet 12 percent of intoxicated drivers involved in fatal crashes had at least one prior DWI conviction in the past three years. That same study showed that intoxicated drivers with prior DWI convictions had 4.1 times the risk of being in a fatal crash as intoxicated drivers without prior DWIs. Another study showed that fatal crash risk increases with the number of prior DWI arrests. About a third of all drivers arrested for DWI are repeat offenders according to the data reported here, and 1 out of 8 intoxicated drivers in fatal crashes have had a prior DWI conviction within the past three years. While this indicates they are a significant problem, repeat offenders do not constitute the majority of the DWI problem in the U.S. Prevention of DWI in the first place and dealing effectively with first time DWI offenders is a rational approach to the problem. State laws, enforcement, and public information and education have recently been effective in reducing impaired driving and alcohol-related crash deaths. However, evidence from the states indicates that many persons who are arrested and convicted of DWI continue to drink and drive. A number of states and local communities have initiated programs and sanctions to deal with repeat offenders, including: ■ incarceration ■ special DWI facilities ■ house arrest with electronic monitoring ■ victim restitution ■ community service ■ ignition interlock on the vehicle ■ increased fines and insurance rates ■ public condemnation ■ license plate tagging ■ vehicle impoundment or confiscation Further research is needed to evaluate the effectiveness of these specific sanctions. Given that the likelihood of arrest for DWI varies from 1 in 200 instances in some communities to 1 in 2,000 in others, it is important to prevent impaired driving in the first place. State legislation, such as administrative license revocation and lower blood alcohol limits for adults and youth, and increased enforcement in the form of sobriety checkpoints, have contributed to the recent reduction in drinking and driving. Greater public awareness of the problem and reductions in per capita alcohol consumption have also probably played a role. Each year, however, 1 percent of all licensed drivers are arrested for DWI, more people than for any other crime. States must show drivers that DWI is a serious offense with correspondingly serious consequences in terms of sanctions and treatment. Mandatory alcohol problem assessment and assignment of appropriate treatment, in addition to sanctions, is a reasonable approach with help from the public health community. Certain vehicle actions applied to repeat offenders may also be appropriate. The fact that this information was readily available in only a few states underscores the importance of developing systems to track DWI offenders (e.g., systems that link criminal justice and driver records). For more information about this topic, contact: James Fell, Office of Alcohol and State Programs, NHTSA, NTS-20, 400 Seventh Street, S.W., Washington, DC 20590.   INCIDENCE OF REPEAT OFFENDERS IN SELECTED STATES 1 DRIVERS CONVICTED OF DWI STATE NO. DRIVERS CONVICTED OF DWI NO. WITH PRIOR DWI CONVICTION YEAR 2 PERCENT REPEAT DWI OFFENDERS 3 Iowa 18,000 3,780 1992 (6 yrs) 21% Louisiana 101,161 24,918 89-93 (5 yrs) 24% Nebraska 146,619 38,547 65-94 (30 yrs) 26% Wisconsin 169,390 52,073 84-88 (5 yrs) 31% North Carolina 65,714 21,028 1988 (7 yrs) 32% Ohio 637,678 211,280 80-93 (5 yrs) 33% California 216,453 72,728 1991(7 yrs) 34% New Mexico 16,184 7,637 1990 (30 yrs) 47% DRIVERS ARRESTED FOR DWI STATE NO. DRIVERS ARRESTED FOR DWI NO. WITH PRIOR DWI ARREST YEAR 2 PERCENT REPEAT DWI OFFENDERS 3 South Dakota 8,821 2,090 1993 (5 yrs) 24% Colorado 99,848 26,335 89-91(5 yrs) 26% Texas 352,372 125,941 87-90 (10 yrs) 36% Minnesota 30,717 14,034 1993 (30 yrs) 46%   1     These twelve states may not be necessarily representative of all fifty states in the U.S. 2     Years in parentheses indicate the number of years in which the records of prior DWI offenses were available. In general, the percent of repeat offenders was greater in states that retained driving records for longer periods of time (NM, TX, MN). 3     These percentages may be conservative. Some drivers arrested or convicted of DWI in one state may have DWI arrests or convictions in another state that were not identified or were not in the current driver record.     U.S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. NTS-33 Washington, DC 20590 Traffic Tech is a publication to disseminate information about traffic safety programs, including evaluations, innovative programs, and new publications. Feel free to copy it as you wish. If you would like to receive a copy contact: Linda Cosgrove, Ph.D., Editor, Evaluation Staff Traffic Safety Programs (202) 366-2759



{\rtf1\ansi \deflang1033\deff0{\fonttbl{\f0\froman \fcharset0 \fprq2 Times New Roman;}{\f1\fswiss \fcharset0 \fprq2 Arial;}}{\colortbl;\red0\green0\blue0;}{\stylesheet{\fs20 \snext0 Normal;}{\s1 \qj\li720 Level 1;}{\*\cs2 \additive Insert Line;}{\s3 \qj\li360\ri360\sa110 \i\fs22 Quotes;}{\s4 \qj\li864 \'5f;}{\s5 \qj\sa66 \b\f1\fs22 Title;}{\s6 \qj\li360\ri360 \i\fs22 Quotation;}{\s7 \qj\li-1440 \'5f;}{\s8 \qj\li-1440 \'5f;}{\s9 \fs22 Body Text;}{\s10 \qj\li-1440 \'5f;}{\s11 Sem. Name;}{\s12 \qj\li360 Sem. Site;}{\s13 \qj\li720 \fs22 \'5f;}{\s14 \qj\li-1440 a, b, c,;}{\s15 \qj\li-1440 1, 2, 3,;}}\margl1080\margr1080\margt810\hyphhotz936\ftnbj\ftnrstpg\aftnnar\viewkind1 {\shp{\*\shpinst\shpwr3\shpwrk0\shpbypara\shptop280\shpbottom280\shpbxmargin\shpleft0\shpright10080{\sp{\sn lineWidth}{\sv 12192}}{\sp{\sn shapeType}{\sv 20}}}}\sectd \sbknone\headery810\footery1440\endnhere\endnhere\titlepg {\header \pard \sa110\tqr\tx10080 {\plain \fs22 Police Law Bulletin, Page 2\tab May, 2003{\*\bkmkstart 2}{\*\bkmkend 2}\par }\pard \sa110\tqr\tx10080 \par }{\*\pnseclvl1\pndec\pnstart1{\pntxta .}}{\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}}{\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl7\pndec\pnstart1{\pntxta .}}{\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl9\pnlcrm\pnstart1}\pard \qc\tqc\tx5040\tqr\tx10080 {\plain \b\fs28 POLICE LAW BULLETIN}{\plain \par}{\plain \fs16 Published by:}{\plain \fs28 \par}{\plain \fs22 Prosecuting Attorneys Coordinating Council\par}{\plain \fs22 Department of Attorney General}{\plain \fs28 \par}{\plain \fs20 116 W. Ottawa, Suite 200\par}{\plain \fs20 Lansing, MI 48913\par}{\plain \fs20 Telephone 517/334-6060 Fax: 517/334-6351}{\plain \fs28 \par}\pard \sa0\tqc\tx5040\tqr\tx10080 {\plain \fs22 \par}{\plain \fs22 Vol.{\*\bkmkstart 1}{\*\bkmkend 1} 19\tab May, 2003\tab No. 9{\*\bkmkstart 4}{\*\bkmkend 4}\par}\sect \sectd \sbknone\headery810\footery1440\cols2\endnhere\colno1\colw4680\colsr720\colno2\colw4680\endnhere\titlepg {\header \pard \sa110\tqr\tx10080 {\plain \fs22 Police Law Bulletin, Page 2\tab May, 2003{\*\bkmkstart 2}{\*\bkmkend 2}\par }\pard \sa110\tqr\tx10080 \par }{\*\pnseclvl1\pndec\pnstart1{\pntxta .}}{\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}}{\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}}{\*\pnseclvl7\pndec\pnstart1{\pntxta .}}{\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}}{\*\pnseclvl9\pnlcrm\pnstart1}\pard \qc\sa66\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 SEARCH AND SEIZURE}{\plain \fs22 \par}\pard \sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 Blood Taken by Search Warrant Doesn\'92t Have to Be Drawn under a Doctor\'92s Direction.}{\plain \par}{\plain \fs22 The defendant was arrested for OUIL and refused a chemical test. A search warrant was obtained, and the blood was withdrawn by a phlebotomist at a hospital. The defendant was convicted of OUIL 3}{\plain \super\fs22 rd}{\plain \fs22 offense, and on appeal claimed that the phlebotomist was not acting under the delegation of a physician as required by MCL 257.625a(6)(c).\par}{\plain \fs22 Judges Markey, Smolenski and Meter affirmed. They held that when a blood sample is taken pursuant to a search warrant, the implied consent statute doesn\'92t apply. Accordingly, it doesn\'92t matter whether the sample was taken under the delegation of a physician as required by MCL 257.625a(6)(c). They further held that the phlebotomist, in performing his assigned duties at the hospital, was delegated to take a blood sample without specific direction from a physician.\par}{\plain \fs22 On another issue, they held that using a 1993 impaired driving conviction to enhance the defendant\'92s current conviction was not an ex post facto law violation. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Callon,}{\plain \fs22 CA No. 234421, April 15, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 Consult Your Prosecutor Before Following Reports In This Newsletter.}{\plain \f1\fs22 \par}\pard \s9\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \fs22 Our reports of decisions from other states are to help you keep up with trends in the law. Even Michigan decisions may conflict with decisions of other Michigan courts. Discuss your practices which relate to these cases with your commanding officers, police legal advisors, and the prosecuting attorney, before changing your practices in reliance on a reported court decision or legislative change. Our editorial office welcomes your suggestions for improving this publication to serve you.}{\plain \b\fs22 \par}\pard \qc\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 GENERAL}{\plain \fs22 \par}\pard \sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 Police Cannot Be Ordered to run LEIN Histories for Defense Attorneys.}{\plain \par}{\plain \fs22 In a one paragraph order, the Michigan Supreme Court vacated the portion of the Court of Appeals decision in }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Elkhoja,}{\plain \fs22 CA No. 224126, which had upheld a trial court order to a police department to run LEIN histories on all of the prosecution\'92s witnesses. }{\plain \i\fs22 People}{\plain \fs22 v}{\plain \i\fs22 Elkhoja,}{\plain \fs22 MSC No. 122282, March 26, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 A Statement of False Facts Regarding an Actual Crime Constitutes Filing a False Police Report.}{\plain \par}{\plain \fs22 The defendant visited his source to purchase crack cocaine. He was assaulted, robbed and his car was taken from him. He called the police and reported that he was a victim of a carjacking. He lied about the location of the crime and the identity of his source because he didn\'92t want the police to know he was purchasing crack. The trial judge in a bench trial found him guilty of intentionally making}{\plain \i\fs22 \'93a false report of the commission of a crime\'94}{\plain \fs22 to a police officer under MCL 750.411a.\par}{\plain \fs22 The Court of Appeals reversed the defendant\'92s conviction, and held that the statute only applies when the defendant makes a false report of a crime, not a report with false details about the commission of an actual crime. The Michigan Supreme Court reversed the Court of Appeals and reinstated the defendant\'92s conviction. Six Justices held that the statute covers intentionally providing false details about the commission of a crime. Justice Kelly dissented. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Chavis,}{\plain \fs22 MSC No. 120112, April 9, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 \par}{\plain \b\f1\fs22 \par}{\plain \b\f1\fs22 \par}{\plain \b\f1\fs22 Counties Are Responsible for Transporting Mental Health Patients to and from Court Hearings.}{\plain \par}{\plain \fs22 Attorney General Cox was asked whether the local sheriff department or community mental health were responsible for transporting mental health patients between the hospital and court for civil commitment hearings. The Attorney General ruled that it is a county responsibility, and that community mental health is not required to reimburse the county for the cost of transport.\par}{\plain \fs22 On a related issue, the AG also ruled that when a police officer takes a mentally ill person into protective custody and transports them to a hospital, only the police officer can sign the petition for hospitalization. OAG No. 7127, April 7, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 A Firearm Stolen During a Home Invasion Will Support a Felony Firearm Charge.\par}{\plain \fs22 The defendant committed three home invasions, and during each home invasion, stole at least one shotgun. He was convicted of three counts each of 1}{\plain \super\fs22 st}{\plain \fs22 degree home invasion, felony firearm, and larceny of a firearm. He appealed, alleging that a weapon stolen during a home invasion was not carried or possessed during the commission of the home invasion, and therefore not within the felony firearm statute. He further argued that double jeopardy precluded being convicted of 1}{\plain \super\fs22 st}{\plain \fs22 degree home invasion and larceny of the property stolen during the home invasion.\par}{\plain \fs22 Judges Smolenski, Hoekstra and Fort Hood affirmed the defendant\'92s convictions. They held that because 1}{\plain \super\fs22 st}{\plain \fs22 degree home invasion is an offense that continues until the defendant leaves the home, that a firearm stolen from the home is possessed during the commission of the felony of home invasion. They further noted that the legislature specifically authorized multiple punishment for other crimes committed during a home invasion under MCL 750.110a(9), and therefore double jeopardy did not preclude convictions for home invasion and possession of the property stolen in the home invasion. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Shipley,}{\plain \fs22 CA No. 235564, April 24, 2003.}{\plain \fs22 \par}\column \pard \sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \b\f1\fs22 CA Upholds State\'92s First RICO Convictions.}{\plain \par}{\plain \fs22 In the first reported decision under the state\'92s RICO statute, MCL 750.159i, Judges Kelly, Gribbs and White upheld the convictions of two leaders of the }{\plain \i\fs22 Spanish Cobras}{\plain \fs22 against several challenges regarding the admission of evidence under the RICO statute, and their sentences. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Gonzalez,}{\plain \fs22 CA No. 223401, April 8, 2003.\par}{\plain \b\f1\fs22 A Zero Tolerance Conviction Can Be Used to Enhance an OUIL 3}{\plain \b\super\f1\fs22 rd}{\plain \b\f1\fs22 Conviction.}{\plain \par}{\plain \fs22 The defendant\'92s OUIL 3}{\plain \super\fs22 rd}{\plain \fs22 charge was enhanced by a 1997 zero tolerance conviction and a 1998 Impaired driving conviction. Prior to October 1, 1999, neither a zero tolerance conviction, nor an impaired conviction, could be used to enhance an OUIL conviction. The trial judge held that it violated due process to use a zero tolerance conviction to enhance an OUIL conviction. Judges Meter, Cavanagh and Cooper}{\plain \fs22 reversed. They held that the legislature\'92s decision to allow zero tolerance convictions to be used to enhance OUIL convictions did not violate due process, and was not an ex post facto law. }{\plain \i\fs22 People}{\plain \fs22 v }{\plain \i\fs22 Haynes,}{\plain \fs22 CA No. 244327, April 22, 2003.}{\plain \fs22 \par}{\plain \b\f1\fs22 A Social Worker Who Fails to Report Child Abuse Can Lose Her Social Work License.}{\plain \par}{\plain \fs22 An administrative law judge (ALJ) found that the social worker had reasonable cause to suspect that her client was sexually abusing the client\'92s child. The ALJ further found that her failure to report the abuse constituted grounds for revoking her social work license. Judges Owens, Murphy and Cavanagh agreed. They upheld the ALJ\'92s decision that the social worker\'92s failure to report constituted both incompetence and gross negligence, and supported the revocation of her license. }{\plain \i\fs22 Becker-Witt }{\plain \fs22 v }{\plain \i\fs22 Board of Examiners of Social Workers, Department of Consumer and Industry Services,}{\plain \fs22 CA No. 226923, April 24, 2003.}{\plain \fs22 \par}{\shp{\*\shpinst\shpwr3\shpwrk0\shpbypara\shptop220\shpbottom220\shpbxmargin\shpleft0\shpright10080{\sp{\sn lineWidth}{\sv 12192}}{\sp{\sn shapeType}{\sv 20}}}}\pard \sb0\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \*\cs2\fs22 \par}\pard \qc\sa0\tx180\tx360\tqr\tx4680\tqc\tx5040\tx5580\tx5760\tqr\tx10080 {\plain \*\cs2\i\fs20 Printed in accordance with:\par}{\plain \*\cs2\i\fs20 1972 PA 203\par}{\plain \*\cs2\i\fs20 1797 copies printed\par}{\plain \*\cs2\i\fs20 Total cost $117\par}{\plain \*\cs2\i\fs20 Cost per copy $.06}}



DUI News Colorado DUI

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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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



DUI INSURANCE · CONTACT

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