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    Colorado Blog

    Is it better to take a blood or a breath test after a Colorado DUI?

    Posted on | Category: DUI

    Blood Test or Breath Test "Which Is Better After a Colorado DUI?" Top DUI Defense Lawyer ExplainsWatch this video on YouTube There is no right or wrong answer. Both the Colorado DUI breath test and the Colorado DUI blood test have pros and cons in Colorado DUI cases, as discussed below. People who are arrested …

    Does Colorado Have a RICO Statute? Understanding COCCA

    Posted on | Category: Useful information

    Colorado has its own state-level RICO statute known as the Colorado Organized Crime Control Act (COCCA). Like the federal RICO law, COCCA allows state prosecutors to pursue criminal masterminds who run illegal organizations. In this article, I break down what COCCA is, how it compares to federal RICO, and how state prosecutors are using COCCA …

    What is the statute of limitations for forgery in Colorado?

    Posted on | Category: Forgery

    Arguably, Colorado prosecutors can bring forgery charges at any time. This is because Colorado’s statute of limitations law plainly says, “[A]ny forgery regardless of the penalty provided: No limit.” However, a later section of the statute then states: “Other felonies: Three years Misdemeanors: Eighteen months” That “other” appears before “felonies” and not “misdemeanors” is striking. …

    Is there legal prostitution anywhere in Colorado?

    Posted on | Category: Prostitution

    TL;DR Prostitution is illegal throughout Colorado, including all cities and counties. The law defines prostitution as exchanging money or value for specific sexual acts, and even agreeing or soliciting is a crime. Penalties vary by offense but can include fines, jail time, and more serious charges if factors like minors are involved.   Is prostitution …

    What’s the difference between “reckless driving” and “careless driving” in Colorado?

    Posted on | Category: Misdemeanor

    A woman driving recklessly.

    TL;DR Reckless driving involves willful disregard for safety, while careless driving is due to inattentive or imprudent behavior Both are class 2 traffic misdemeanors with similar first-time penalties, but reckless driving is considered more serious. Reckless driving adds 8 DMV points, while careless driving adds 4 points to your license.   The Colorado crime of …

    What’s the difference between DUI and DWAI in Colorado?

    Posted on | Category: DUI

    Man holding his head in frustration after blowing over the legal limit.

    TL;DR DUI means you are substantially impaired or have a BAC of 0.08% or higher, while DWAI means you are only slightly impaired or have a BAC between 0.05% and 0.08%. DUI is more serious and carries harsher penalties, including longer jail time, higher fines, and a license suspension. DWAI is a lesser offense with …

    Can I appeal if I lose my DMV hearing in Colorado?

    Posted on | Category: DUI

    You may appeal the Colorado DMV‘s decision to suspend or revoke your driver’s license. The appeals process requires filing a complaint with the local district court within 35 days of the DMV hearing decision. Ultimately, the district court judge will review the DMV transcript and legal briefs to determine whether to affirm the DMV’s decision …

    5 Steps to Reinstate Your Suspended Colorado Driver’s License (2026 Updates)

    Posted on | Category: Drivers License

    How to Reinstate a Suspended Driver’s License in Colorado | Attorney ExplainsWatch this video on YouTube Follow these five steps to reinstate your driver’s license with the Colorado DMV. Step 1: Go To The Colorado DMV Website Once your license suspension ends, you can apply for license reinstatement online at mydmv.colorado.gov. Step 2: Fill Out …

    How long do points stay on your license in Colorado?

    Posted on | Category: Traffic Laws

    How long do points stay on my license in Colorado?Watch this video on YouTube DMV points from traffic violations stay on your Colorado driver’s license permanently. However, the Colorado DMV only considers points from the last 24 months when deciding whether to suspend your license. 1 In this article, I discuss what you need to …

    How do I win my DMV express consent hearing in a Colorado DUI case?

    Posted on | Category: Useful information

    10 ways to win a DMV hearing in ColoradoWatch this video on YouTube Winning a DMV express consent hearing (“administrative hearing”) following a Colorado DUI is actually more difficult than winning the criminal case. In DUI criminal cases, the stakes are serious –  you could go to jail if convicted. Therefore, the prosecutor has the …

    Can you get an open container in Colorado while walking?

    Posted on | Category: Useful information

    Open Container Ticket for Alcohol or Marijuana While Walking in Colorado?Watch this video on YouTube Walking with open containers of alcohol is usually unlawful throughout Colorado. However, local governments may license and regulate common consumption areas called “entertainment districts.” Within an entertainment district, you may walk with open alcohol containers and not have to dump …

    Colorado’s “Interlock” Rules – 6 Key Questions Answered

    Posted on | Category: DUI

    Playlist: Colorado IID LawsWatch this playlist on YouTube Suppose you are arrested for driving under the influence (DUI) in Colorado. You may then be required to install an ignition interlock device (IID) in your motor vehicle as a condition of being able to drive again. An ignition interlock device is a breathalyzer that disables your car if you have …

    Is there a petition for factual innocence in Colorado?

    Posted on | Category: Useful information

    Petition for Factual Innocence After a Wrongful Conviction in Colorado – Defense Attorney ExplainsWatch this video on YouTube If you have been wrongfully convicted of a crime in Colorado, there generally is no one option to file a “petition for factual innocence” like you can in some other states. (The one exception is that you …

    What happens if I violate my DUI probation in Colorado?

    Posted on | Category: Useful information

    "DUI Probation Violation" in Colorado – Will I Go to Jail? Top DUI Defense Attorney ExplainsWatch this video on YouTube If you are accused of violating your DUI probation in Colorado, you can have a probation violation hearing (also called a “revocation hearing”). This is where the court determines: whether you indeed violated court orders …

    What does “driving under restraint” mean?

    Posted on | Category: Drivers License, Useful information

    Driving under restraint (DUR) in Colorado means driving while your license is revoked, suspended, or denied. If your license is restrained because of drunk or drugged driving, DUR is a class 2 misdemeanor traffic offense carrying at least 10 days in jail. Otherwise, DUR is a class A traffic infraction carrying a maximum $100 fine.1 …

    What if I get caught “driving without a license” in Colorado?

    Posted on | Category: Penalties

    The penalties for driving without a license in Colorado (C.R.S. 42-2-101) depend on whether you simply forgot to carry the license, never had one, had the wrong one, or were driving on a suspended or revoked license. I discuss each of these scenarios below. You Forgot To Carry Your License Driving in Colorado without your …

    Drug Checkpoints Leaving Colorado – A Legal Guide

    Posted on | Category: Drug Crimes

    Colorado law does not punish recreational possession of marijuana and psilocybin (“magic mushrooms”) by adults 21 and over.1 However, it is against federal law to cross state lines with these drugs.2 Even driving with marijuana from Colorado to Arizona or to New Mexico is illegal, even though those states permit recreational marijuana as well.3 Therefore, law …

    Recent DUI Checkpoints in Colorado Springs

    Posted on | Category: DUI

    Yellow sign that says "DUI checkpoint ahead"

    Colorado DUI checkpoints are roadblocks where police stop and check drivers for signs of intoxication. In Colorado Springs, the police typically conduct these sobriety checkpoints on high-traffic streets during major holidays and events. The most recent DUI checkpoints occurred on: Super Bowl Sunday (February 8, 2026) New Year’s Eve & Day (December 31, 2025 – …

    “Indictments” in Colorado – How It Works

    Posted on | Category: Useful information

    In Colorado, an indictment is a formal charge issued by a grand jury alleging that you committed a specific crime. While most criminal cases in the state begin with a “complaint” or “information” filed directly by a prosecutor, indictments are reserved for more complex cases, such as organized crime, white-collar fraud, or first-degree murder. A …

    Is Colorado a “stand your ground” state?

    Posted on | Category: Laws

    Key Takeaways No Duty to Retreat: Colorado is a “Stand Your Ground” state. You can fight back if threatened, even if you could have run away. Inside vs. Outside: The “Make My Day” law (total immunity) applies only inside your home. On your porch or yard, stricter rules apply. Burden of Proof: Once you claim …

    Step-by-Step: How to Get a Colorado Marijuana Cultivation License (2026 Updates)

    Posted on | Category: Marijuana Laws, Useful information

    Anyone seeking to grow marijuana for sale in Colorado must complete both local and state licensing steps. The process is regulated by the Colorado Marijuana Enforcement Division (MED) under Colorado law. Below I discuss the steps you need to go through to become a licensed cannabis grower in Colorado. Step 1: Confirm Local Authorization Before …

    What is a motions hearing in a Colorado criminal case?

    Posted on | Category: Useful information

    A motion hearing in a Colorado criminal case is a court hearing that typically takes place in preparation for a scheduled jury trial. Courts schedule motion hearings after either the prosecution or defense files a motion, which is a request for the court to take a certain action. The hearing is where the defense and …

    Rule § 16 Colorado – What is the D.A. required to provide?

    Posted on | Category: Useful information

    Colorado Rule of Criminal Procedure § 16 – the mandatory disclosure rule – lays out what evidence prosecutors and your defense attorneys are required to turn over to each other prior to trial. The most important part of Rule 16 is section I(a)(2), which requires prosecutors to give you any “exculpatory evidence.” This is evidence …

    Colorado Mandatory Minimum Sentencing – What It Means

    Posted on | Category: Useful information

    Colorado’s mandatory minimum sentencing law requires you to serve at least the minimum allowable prison sentence for the following five high-level crime categories: Class 1 felonies, Drug felonies, Crimes of violence, Sex offenses, and Habitual criminals. The sentencing court judges in the above cases do not have the discretion to grant sentences lower than the …

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