Articles Posted in DUI / DWAI

By Staff Attorney
The Gasper Law Group, PLLC

Teen Drinking

Life After DUI License Suspension: 7 Keys to Making Life Work, Even If You Have No Car

You received a DUI, and the DMV suspended your license. However, your life hasn’t stopped, and you need to figure out how to make your schedule work, even without a car. While you are admittedly in a tight situation, it’s not impossible to navigate the obstacles ahead. Even so, you can survive without a car with some planning and foresight. The following seven tips can help you do so successfully.

Keys to Survival without a Vehicle

  1. Plan ahead – You will not be able to wait until you are down to a banana and a half a carton of milk with no other food in the house before you schedule a trip to the grocery store. Instead, strategize more carefully to stock up on food and sundries and get to work and other appointments as needed.
  2. Walk – For short distances and time permitting, walking saves you money. It’s also a great way to get in shape and make good on your New Year’s resolution to (finally) use that FitBit you got last year. However, if you have far to go, or if you’re facing inclement weather, this option might prove impractical or dangerous.
  3. Bike – Like walking, bicycling is cost-effective and healthy. You can travel even further and commute much more quickly. However, you can be hindered by poor weather or road conditions. You will also need the proper provisions, like a tuned-up bike and state of the art helmet to avoid crashing and head injuries.
  4. Public transportation – Leave the driving to someone else and read, catch up on email, relax or even nap while on the bus or train.
  5. Ask for rides from a family member or friend – Don’t be shy about asking for help when you need it! Especially if you have obligations that you cannot eliminate – such as business trips and child care obligations – you need to lean on your support system. To avoid inconveniencing those offering the help, plan and combine your trips to maximize the efficiency of your excursions.
  6. Use Uber or similar types of taxi services – These services provide the convenience of door-to-door transportation at a reduced rate.
  7. Get creative, and combine methods – Walk or bicycle to public transportation and then hop on the bus, putting your bicycle on the back. Or run to work (for the exercise), and then take an Uber home (to avoid being out alone in the dark).

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Colorado Flag on Cannabis background

By The Gasper Law Group
Staff Attorney

If police recently arrested you for marijuana DUI, or your daughter called from a jail cell after being stopped at a DUI checkpoint, you’re likely feeling overwhelmed and scared. At the same time, you might also be curious about how Colorado’s recent legalization of cannabis has affected DUI rates and police enforcement attitudes.

The discussion below explores an overview of the changes.

Fewer Pot Arrests

Ever since Colorado’s landmark legislation allowed adults to possess, cultivate and privately use marijuana, unsurprisingly, there have been fewer cannabis-related arrests. Colorado state data show a dramatic decline in possession charges from 30,000 in 2010 to below 2,500 in 2014. In addition, an analysis of National Incident Based Reporting System data found a 41 percent reduction in all drug arrests during the past two years.

Police Shift Stance on Cannabis 

A Police One poll reveals evolving attitudes among law enforcement officials as well. In 2009, 64 percent of police opposed legislation legalizing pot. A recent poll shows that stance softening somewhat; today only 56 percent of law enforcement in the state think the law was a bad idea. Police do remain divided on the issue, but more and more officers now view cannabis in a nuanced light. Continue reading →

Caryn J. Adams
Managing Attorney
The Gasper Law Group

There are few movies more quotable than The Princess Bride (Hmm, maybe The Godfather, but that’s a different blog). Mandy Patinkin as the master swordsman Inigo Montoya gets one of my favorites when he responds to his employer, “You keep using that word. I do not think it means what you think it means.” In the movie, the word in question is “inconceivable.” In Colorado, that word is “driving.”
“Driving,” as in “Driving” Under the Influence or “Driving” While Ability Impaired, does not mean what you think it means. Consider the following situation. You’re out on the town and have had too much to drink. You know you can’t drive home and want to do the right thing. You decide to walk a block to the parking lot and sleep it off in your car. You get in the driver’s side, recline the seat, and put your car keys in your pocket. An hour later you’re woken up by a patrol officer rapping on your window. “Bad news,” he says, “You’re under arrest for Driving Under the Influence.” In fact, even though you didn’t know it and common sense would say otherwise, and even though the car was never turned on and never moved an inch, you’ve been “driving” for the past hour.

In Colorado, the courts have determined that the terms “drive” and “drove” include “actual physical control” of a vehicle, even if the vehicle is not actually moving. Factors a judge or jury may consider in deciding whether or not a person was in actual physical control of a motor vehicle, include, but are not limited to the following:
A. Where the vehicle was found;
B. Where in the vehicle the person was found;
C. Whether or not the keys were in the motor vehicle’s ignition;
D. Whether or not the motor vehicle was running;
E. Any other factor which tends to indicate that the person exercised bodily influence or direction over a motor vehicle or not based on your every day experience.

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By Allen C. Gasper
Senior Partner
The Gasper Law Group

Effective January 1, 2009, the revocation period on first offender DUI cases has changed in the State of Colorado. While the period of revocation of license for blood alcohol content in excess of .08 has increased from a three-month period to a nine-month suspension, the reinstatement process appears to have eased considerably. The following information outlines the revocation and reinstatement rules currently in effect.

Sobriety%20Check%20Point%20Ahead.jpg

REVOCATION: The first episode of driving with a B.A.C. of .08 or greater results in a nine-month revocation.
• The revocation remains in effect until you complete the reinstatement process.

• ALL excess B.A.C. reinstatements are processed by mail. You should begin the reinstatement process approximately one (1) month prior to the month you expect to reinstate.

• If you were 21 or older at the time of the violation and have no other unsatisfied license restraints, you may reinstate after only 1 month of revocation – provided you install an Ignition Interlock Device (Interlock) in every vehicle you own or may drive.

• If your B.A.C. was below 0.17, you reinstate early, drive only an Interlock vehicle and do not have any B.A.C. when you drive, you may be eligible for an unrestricted license after four (4) continuous months of successful driving.

REINSTATEMENT: (9-month revocation): You must
1. provide an SR22 from your insurance company and maintain it for 9-months following reinstatement (3-years if you were involved in an accident);
2. complete an Alcohol Certification, Form DR 2598
3. complete an Application for Reinstatement, DR 2870, and
4. mail the SR22, the Alcohol Certification and the Application along with your personal check or money order for $ 95.00 to the address provided on the Application.

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