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Welcome to the first edition of the Daniel, Thom & Katzman, P.C. blog. In this space, we hope to discuss topics of interest and provide you with information involving DUI, traffic and criminal cases in Colorado. We plan to update this periodically so check back. Now that the Colorado General Assembly is back in session, a number of bills have been introduced concerning DUI cases. Here are a few of the more interesting bills: HB 08-1071 would have changed the background colors on drivers licenses for people convicted of certain alcohol related offenses. This bill was postponed indefinitely on January 24, 2008, which means that it is most likely dead (at least for this legislative session). HB 08-1194 which was introduced on January 22, 2008 by Representative Judd of Denver, would extend the length of driver's license revocations, expand the use of ignition interlock devices, increase the cost to reinstate a driver's license and provide for "high-visibility drunk driving law enforcement episodes." The specifics of this bill would require a nine month revocation for a first time conviction for DUI or Driving With Excess Alcohol. A 1 st Express Consent revocation would increase from 3 to 9 months A 2 nd Express Consent revocation would remain 1 year. A 2 year revocation would be added for a 3 rd or subsequent revocation. With a 9 month Express Consent revocation, a driver would be eligible for early reinstatement after 1 month with the installation of an ignition interlock device. The interlock device can be removed if there are 4 consecutive months of no aborted starts with the interlock. The license reinstatement fee would increase from $60 to $130. This bill was approved by the House Transportation & Energy committee on a bi-partisan 13-0 vote. It is now off to the House Appropriations committee. HB 08-1184 which was introduced by Representative Lambert, makes it a class 2 traffic offense to drive in Colorado without a current driver's license if you are illegally in the United States. The penalty is a county jail sentence of 5 days to 6 months and a fine of $50 to $500. The minimum 5 day sentence is mandatory. It also requires the mandatory arrest and impounding of a vehicle for persons arrested under this section. This bill was postponed indefinitely by the House State, Veteran & Military Affairs committee on February 7, 2008. We will keep track of the progress of HB 08-1194 and other bills of interest affecting the DUI and criminal law in future editions of the Daniel, Thom & Katzman, P.C. blog.
HB1194 which will change the length for first time express consent revocations from 3 months to 9 months and require installation of an interlock device for early reinstatement has passed the General Assembly and is on the Governor's desk for his signature. If signed by the Governor, these changes will go into effect for cases filed on or after January 1, 2009. SB140 which would allow a police officer to request a person involved in an accident resulting in death or serious bodily injury to submit to a blood or breath test was postponed indefinitely by the House Judciciary Committee. SB76 which is awaiting the Governor's signature will allow the court to impose conditions on people appearing on a summons on a DUI case including an evaluation and treatment.
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