If the police have reasonable suspicion that you were driving under the influence of drugs, regardless of whether any drugs or paraphernalia are found in your vehicle, you may be charged with driving under the influence of drugs (DUID) or driving while ability impaired (DWAI).
A drugged driving violation need not involve an illegal drug, a narcotic drug, or a hallucinogenic drug. In fact, the drug involved may be something as ordinary as a cold medicine, a sleeping pill, or herbal supplements…so long as that drug has a mind or body altering effect that impairs ability to drive.
Many individuals believe that, if they were prescribed the drug in question, their case will be thrown out. Unfortunately, that is not true. Whether or not you were allowed to possess the drug is irrelevant to a drugged driving charge; the courts are only concerned with the degree to which that drug impaired your ability to drive.
Like a DUI, a DUID will constitute a major traffic violation and one strike under Colorado habitual traffic offender law. However, unlike DUI, DUID does not involve a legal or safe limit.
If you have been convicted of DUI, DUID or any other drug crime and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.
Short answer: A Denver arrest does not automatically create a Colorado extreme risk protection order. However, allegations or evidence connected to the arrest can prompt an eligible person or agency to file a separate civil ERPO case. That case may move much faster than the criminal charge.
Police reports, witness accounts, alleged threats, statements about self-harm, and information about firearm access may all become relevant to an ERPO petition. The
A report from a mandatory reporter does not automatically mean a parent will be arrested, charged with a crime, or separated from a child. The report is routed to the appropriate Colorado county for screening. The county may screen it out, assign it to a family-focused or high-risk assessment track, or coordinate with law enforcement when the allegations may involve a crime or an immediate safety concern.
A preliminary hearing in Colorado is a limited court proceeding available in certain felony cases. The judge does not decide whether the accused is guilty. Instead, the prosecution must show probable cause to believe that the charged offense occurred and that the accused committed it. Although that is a much lower standard than proof beyond a reasonable doubt, the hearing can give a Denver criminal defense lawyer an early opportunity