6. Operating a motorboat or sailboat while under the influence means operating a motorboat or sailboat or being in actual physical control when the operator is substantially incapable of safely operating the boat due to being under the influence of alcohol or drugs, or a combination thereof or have a blood alcohol concentration of .08 grams of alcohol per 100 ml of blood or per 210 liters of breath or greater.  CRS 33-13-108.1

8.  Prima facie case. The District Attorney Office may not dismiss a DUI driving under the influence, DWAI driving while ability impaired or DEAC driving with excessive alcohol content charge or reduce the charge to a non-alcohol offense unless a good faith representation is made 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.  That means the prosecutor represents to the Court that the state could not produce sufficient evidence to withstand a motion for judgment of acquittal at the end of the prosecution's case in chief.

1. First Appearance.  
        a.  The DUI ticket is the charging document and advises defendant of the charges filed. The ticket contains a date and time defendant must appear in Court for first appearance, where defendant will be advised of the nature of the charges and possible penalties. At that time defendant will also be asked how he / she wishes to proceed with his / her case. If defendant fails to appear, a warrant will be issued for his / her arrest. If this office has been hired, the attorney will take care of the first appearance for the client, and the client need not appear in Court unless I notify you.
        b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

2. Court Appointed Counsel
        a.  If jail may be imposed for any period, including offenses less than 6 months jail, the state has an obligation to appoint an attorney for an indigent (poor) defendant.  An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty."  Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).
        b.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints the Public Defender's Office and if there is a conflict due to multiple defendants, the court a member of the private defense bar who has contracted with the state for court appointments.
        c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).

4. No Pre-Trial Conference.  Pursuant to Colorado Supreme Court Chief Justice Directive 08-05 (benchmarks) which pertains to delay prevention, performance review of judges and retention (judge's jobs), in May, 2008 the courts in El Paso County again changed policy.  DUI, traffic offense and misdemeanor cases are no longer set for pre-trial conference.  At the time of first appearance, attorney cases are now set for contested proceedings - subpoena duces tecum return, motion hearing, readiness hearing and jury trial.  Courts will not set motions hearing absent filing of a motion, therefore an initial motion to suppress will be filed with entry of appearance.  Prior to contested hearing dates, the defense attorney may negotiate with prosecutors to discuss possible alternatives and attempt to reach an agreement to dispose of the case.  This is called plea bargaining. Clients have inquired "What's a deferred sentence?"  Refer to the link for information.  Are prosecutors concerned with their statistics? If a plea bargain is obtained which is acceptable to the client, the case is dismissed or set for sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case is set for motion hearings or trial, or both. Locally the courts require a defendant's presence unless an out of state resident.  Offer of flat dismissal is unlikely in most cases.  The goal is to procure a disposition with which the defendant can live, e.g. not going to jail or not losing the driver's license, or perhaps a deferred sentence to a lesser charge which would not be reflected on the consumer driving abstract.  If a plea bargain is obtained which is acceptable to the client, contested hearings are vacated and the case is dismissed or set for sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case continues to contested hearings and trial.  Locally the courts require a defendant's presence unless an out of state resident.  Refer to factors which attorney uses in determining whether a case is likely to settle or proceed to trial.

5. Motions Hearings.  Counsel may file any of several motions available.  DUI most common motions:

6. Trial.

        A DUI evaluation is conducted by the probation department before sentencing to determine the influence of alcohol in defendant's life, and a report is made to the court. The judge is free to accept or reject the recommendations when imposing the sentence. 

DOH regulations and statutory schemes  can now be reduced to grids

Summary of actions the DMV may take against driver's licenses or privileges to drive in Colorado.  It is not intended to be all inclusive, however does contain external links where a website visitor may read statutes verbatim which may impact his / her case  

Interlock Device

CSPD Accident Cold Report  
Colorado State Accident Report on-line
Colorado State Accident Report hardcopy
DMV - Evidence of Insurance
DMV - Affidavit of Financial Responsibility
DMV - FRA - Release from Liability
DMV - FRA - Waiver of Security - Financial Responsibility
DMV - Promissory Note Contract
DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance

Breath testing equipment installed in your vehicle at your expense.  Voluntary Installation - excessive alcohol revocation & drivers losing their license one year +.  Involuntary Installation - 2nd / subsequent offenders or habitual offender

Summary of criminal actions, defenses and penalties which may result from loss of driver license or privileges to drive in Colorado - driving under suspension, revocation or denial and driving after judgment prohibited

Drivers licensed in Colorado who have traffic problems out of state and drivers licensed out of state who have Colorado traffic problems
 

Indecency webpage
Indecent exposure 
Public indecency 
 
 
 
 
 

Sex offender webpage
Statutorily defined sex offenses
     indecent exposure is included, public indecency is not includedt
Registered sex offender
     overkill in this type of circumstance, but very real
Special rules - sex offense  
     charged and conviction or deferred sentence enters to any offense
Sex offender registry

CRS 18-6-401. Child Abuse.

        (1)        (a) A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.
                    (b) intentionally omitted
                    (c) A person commits child abuse if, in the presence of a child, or on the premises where a child is found, or where a child resides, the person engages in the manufacture or attempted manufacture of a controlled substance, as defined by section 18-18-102(5), or possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. 
        (2) In this section, "child" means a person under the age of sixteen years.
        (3) The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for a violation of this section.
        (4) No person, other than the perpetrator, complicitor, coconspirator, or accessory, who reports an instance of child abuse to law enforcement officials shall be subjected to criminal or civil liability for any consequence of making such report unless he knows at the time of making it that it is untrue.
        (5) Deferred prosecution is authorized for a first offense under this section unless the provisions of subsection (7.5) of this section or section 18-6-401.2 apply.
        (6) Repealed.
        (7)        (a) Where death or injury results, the following shall apply:
                            (I) When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony except as provided in paragraph (c) of this subsection (7).
                            (II) When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony.
                            (III) When a person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child, it is a class 3 felony.
                            (IV) When a person acts with criminal negligence and the child abuse results in serious bodily injury to the child, it is a class 4 felony.
                            (V) When a person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, it is a class 1 misdemeanor.
                            (VI) When a person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury to the child, it is a class 2 misdemeanor.
                    (b) Where no death or injury results, the following shall apply: 
                            (I) An act of child abuse when a person acts knowingly or recklessly is a class 2 misdemeanor.
                            (II) An act of child abuse when a person acts with criminal negligence is a class 3 misdemeanor.
                    (c) When a person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the child, such person commits the crime of murder in the first degree as described in section 18-3-102(1)(f).
                    (d) When a person commits child abuse as described in paragraph (c) of subsection (1) of this section, it is a class 3 felony.
        (7.3) Felony child abuse is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10). Misdemeanor child abuse is an extraordinary risk crime that is subject to the modified sentencing range specified in section
18-1.3-501 (3).
        (7.5) If a defendant is convicted of the class 2 or class 3 felony of child abuse under subparagraph (I) or (III) of paragraph (a) of subsection (7) of this section, the court shall sentence the defendant in accordance with section 18-1.3-401(8)(d).
        (8) Repealed.
        (9) If a parent is charged with permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, pursuant to paragraph (a) of subsection (1) of this section, and the child was seventy-two hours old or younger at the time of the alleged offense, it shall be an affirmative defense to such charge that the parent safely, reasonably, and knowingly handed the child over to a firefighter, as defined in section 18-3-201(1), or to a hospital staff member who engages in the admission, care, or treatment of patients, when such firefighter is at a fire station or such hospital staff member is at a hospital.

        In addition to the criminal charge, at minimum the driver and his or her family will be visited by a DHS caseworker to determine whether the child involved or any other children in the family are at risk and dependent and neglected.  In the discretion of the DHS caseworker, the child(ren) may be removed from the home, and a juvenile dependency and neglect lawsuit may be initiated.  Alternatively, the caseworker may leave the child(ren) in the home, but will make a finding regarding the report of child abuse.
        The immediate concern of any assessment or investigation shall be the protection of the child, and, where possible, the preservation of the family unit. 

CRS 19-3-308

DHS Investigation and Findings

CRS 19-3-401 and CRS 19-3-408

Removal of Child(ren) from Home

CRS 19-3-308

Retention of Child(ren) in Home

CRS 19-3-312

Juvenile Court Dependency & Neglect Action

CRS 19-3-304

Persons Required to Report Child Abuse or Neglect

CRS 19-3-311

Privileged Communications Abrogated (do not exist)

CRS 19-3-102. Neglected or dependent child.
        (1) A child is neglected or dependent if:
            (a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
            (b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;
            (c) The child's environment is injurious to his or her welfare;
            (d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;
            (e) The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
            (f) The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian;
            (g) The child tests positive at birth for either a schedule-I controlled substance, as defined in section 18-18-203, C.R.S., or a schedule-II controlled substance, as defined in section 18-18-204, C.R.S., unless the child tests positive for a schedule-II controlled substance as a result of the mother's lawful intake of such substance as prescribed.
        (2) A child is neglected or dependent if:
            (a) A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse; and
            (b) Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and
            (c) The pattern of habitual abuse described in paragraph (a) of this subsection (2) and the type of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a current threat to the child.

CRS 19-1-103. Definitions.  
            As used in this title or in the specified portion of this title, unless the context otherwise requires:
            (1)    (a) "Abuse" or "child abuse or neglect", as used in part 3 of article 3 of this title, means an act or omission in one of the following categories that threatens the health or welfare of a child:
                        (I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence; 
                        (II) Any case in which a child is subjected to unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.;
                        (III) Any case in which a child is a child in need of services because the child's parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall be subject to the provisions of section 19-3-103.
                        (IV) Any case in which a child is subjected to emotional abuse. As used in this subparagraph (IV), "emotional abuse" means an identifiable and substantial impairment of the child's intellectual or psychological
functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development.
                        (V) Any act or omission described in section 19-3-102(1)(a), (1)(b), or (1)(c);
                        (VI) Any case in which, in the presence of a child, or on the premises where a child is found, or where a child resides, a controlled substance, as defined in section 18-18-102(5), C.R.S., is manufactured or attempted to be manufactured;
                        (VII) Any case in which a child tests positive at birth for either a schedule-I controlled substance, as defined in section 18-18-203, C.R.S., or a schedule-II controlled substance, as defined in section 18-18-204,
C.R.S., unless the child tests positive for a schedule-II controlled substance as a result of the mother's lawful intake of such substance as prescribed.
            (b) In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates including, but not limited to, accepted work-related practices of agricultural communities. Nothing in this subsection (1) shall refer to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2-502 that are performed by a peace officer, as described in section 16-2.5-101, C.R.S., acting in the good faith performance of the officer's duties.

For additional information refer to:

Investigation & report of child abuse or neglect

CRS 19-3-307, 12 CCR 2509-3 § 7.202.5

Confirmed reports of child abuse or neglect

CRS 19-3-313.5, 12 CCR 2509-3 § 7.202.6

Access to confirmed reports of child abuse or neglect

CRS 19-1-307, 12 CCR 2509-1 § 7.000.72

County DHS - conflict resolution

CRS 19-3-211, 12 CCR 2509-3 § 7.200.3

State reviews of county records & state level hearing

CRS 19-3-313.5, 12 CCR 2509-3 § 7.202.6

        If a blood test was conducted, the results will not be known to the driver or state for a period of time.  Under Department of Heatlh Regulation 5 CCR 1005-2, the state lab has 15 days in which to test the blood.  A defendant may appear at the Colorado Springs Police Department POC and request blood test results.  A small fee may be assessed by the CSPD Crime Lab.  Defense counsel will obtain discovery from the DA Office during the course of investigation which will include BAC test results, gas chromatograph charts, chain of custody, lab certification & documentary certification.  Similarly, if a breath test was taken, defense counsel will request and receive the intoxilyzer printout evidencing BAC result, intoxilyzer certification, operator certification, instructor certification, and documentary certification.  The BAC test results will in large part determine the course of defense of defense strategy.  First offense unknown BAC which is determined to be 0.169 or less will result in attorney flat fee adjustment.