“These fists are deadly weapons. I have to register them in every State.” -Every Hollywood action star
Do MMA fighters, boxers, and other general badasses have to register their fists/feet as deadly weapons? No. This is a Hollywood legend. I couldn’t find any U.S. States that require registration of one’s body parts as a “deadly weapon” upon entering that jurisdiction. However, some States can consider hands, feet, and human anatomy to be used as deadly weapons in assault cases depending on the manner in which they were used.
An important Colorado case,People v. Saleh, 45 P.3d 1272 (Colo. 2002),
held that the defendant’s foot was used as a deadly weapon when the defendant kicked the victim in the back, pushing her down a flight of stairs. The Court held that the foot was used in a manner capable of death or serious bodily injury. See also, People v. Ross. (fists as a deadly weapon)
Colorado Courts have consistently found that hands/feet/etc. can be “deadly weapons if they meet the definition in C.R.S. 18-1-901 “in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.” But no, you don’t need to register your hands or feet when you visit Colorful Colorado, we do ask that you keep them to yourself.
What Is the Definition of a Deadly Weapon?
The term “deadly weapon” is frequently used in legal settings, but its definition can vary from state to state. In Colorado, the legal definition is outlined under C.R.S. 18-1-901, and it plays a crucial role in determining criminal charges and penalties in cases involving violent crimes. Understanding what qualifies as a deadly weapon can help clarify how the law is applied in different situations, including assault, robbery, and homicide cases.
Colorado’s Definition of a Deadly Weapon (C.R.S. 18-1-901)
Under Colorado Revised Statutes (C.R.S.) 18-1-901(3)(e), a “deadly weapon” is defined as:
A firearm, whether loaded or unloaded.
A knife, bludgeon, or any other instrument, material, or substance that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
This definition covers not only inherently dangerous objects, such as guns and knives, but also objects that may not seem dangerous at first glance but could be used in a way that causes serious harm or death.
Examples of Deadly Weapons in Colorado
Firearms
Any type of firearm, whether operational or not, is considered a deadly weapon under Colorado law. This includes:
Handguns
Rifles
Shotguns
Semi-automatic and automatic firearms
A firearm does not have to be loaded to qualify as a deadly weapon. The mere presence of a gun during a crime can elevate charges and increase penalties.
Knives and Bladed Instruments
Knives are explicitly included in Colorado’s definition of a deadly weapon. However, not all knives automatically qualify as such. A knife is considered a deadly weapon based on how it is used or intended to be used. Common examples include:
Switchblades
Daggers
Machetes
Kitchen knives (if used in a threatening manner)
Even a small pocketknife could be classified as a deadly weapon if it is used to threaten or inflict harm on someone.
Bludgeons and Other Objects
Blunt objects, such as clubs or bats, can also be considered deadly weapons if used with the intent to cause serious injury or death. Examples include:
Baseball bats
Metal pipes
Crowbars
Tire irons
While these objects have legitimate, nonviolent uses, their classification as a deadly weapon depends on how they are used in a specific incident.
Unconventional Deadly Weapons
Colorado law allows for a broad interpretation of what constitutes a deadly weapon. Courts have ruled that everyday objects can be considered deadly weapons if used in a way that could cause serious bodily harm. Some examples include:
A heavy flashlight used to strike someone’s head
A broken bottle used to stab
A vehicle used to intentionally hit a person
Human anatomy in some instances of kicking, stomping, pushing, and strangulation.
The key factor in these cases is whether the object, in the way it was used, had the potential to cause death or serious bodily injury.
How the Definition of a Deadly Weapon Affects Criminal Charges in Colorado
The classification of an object as a deadly weapon can significantly impact criminal charges and penalties. Some key offenses where deadly weapons play a role include:
Assault with a Deadly Weapon (C.R.S. 18-3-202, 18-3-203): Using or threatening to use a deadly weapon during an assault can elevate the charge from third-degree to first-degree assault, carrying harsher penalties.
Menacing (C.R.S. 18-3-206): Threatening someone with a deadly weapon is a felony in Colorado, even if no physical harm occurs.
Robbery with a Deadly Weapon (C.R.S. 18-4-302): Using or even pretending to have a deadly weapon during a robbery upgrades the charge to aggravated robbery, a Class 3 felony with significant prison time.
Possession of a Weapon by a Previous Offender (C.R.S. 18-12-108): Convicted felons are prohibited from possessing firearms and other deadly weapons, and violating this law can lead to additional felony charges.
How Colorado’s Definition Compares to Other States
While Colorado’s definition of a deadly weapon is broad, other states define the term differently. Here’s how some other states approach the concept:
California: The law defines deadly weapons similarly but emphasizes “inherently deadly” weapons (such as guns and certain knives) and “deadly weapons by use” (objects used in a dangerous manner). However, California also has specific statutes restricting certain weapons, such as nunchakus and brass knuckles.
Texas: Texas defines a deadly weapon as anything “designed, made, or adapted for the purpose of inflicting death or serious bodily injury,” which means an item’s intended use plays a critical role in classification.
New York: The definition includes firearms, knives, and brass knuckles, but also bans certain types of weapons outright, such as stun guns and switchblades.
Florida: Florida differentiates between “deadly weapons” and “dangerous weapons,” where a deadly weapon is one likely to cause great bodily harm, and a dangerous weapon is one that can cause harm but may not be deadly.
If you have been charged with a crime involving a weapon in any of the above States, please contact an experienced criminal defense lawyer in your area.
Why the Definition of a Deadly Weapon Matters
Understanding what constitutes a deadly weapon is crucial for anyone facing criminal charges, as the classification can significantly affect legal outcomes. A charge involving a deadly weapon often results in:
More severe penalties (including longer prison sentences)
It can raise a Third Degree Assault to a Second Degree Assault, or a Second Degree to a First degree Assault.
Higher fines
Mandatory sentencing enhancements
Limited options for plea bargaining
For individuals accused of a crime involving a deadly weapon, an experienced criminal defense attorney is essential. Legal arguments can sometimes challenge whether an object truly qualifies as a deadly weapon based on the circumstances of the case.
Other Things to Consider
In Colorado, a deadly weapon is defined broadly under C.R.S. 18-1-901, including firearms, knives, bludgeons, and any object that can cause death or serious bodily injury. This expansive definition means that even seemingly harmless objects can be considered deadly weapons if used in a dangerous way.
Because deadly weapon classifications vary between states, legal consequences also differ depending on jurisdiction. Whether you’re a defendant facing charges or someone looking to understand the law, knowing what qualifies as a deadly weapon can provide valuable insight into how Colorado’s criminal justice system operates.
If you have been charged with a crime involving a deadly weapon, consulting a knowledgeable Colorado criminal defense attorney can make a significant difference in your case’s outcome.
If you’ve ever heard the term “BAC” in relation to alcohol consumption and driving laws, you may wonder what it actually means and why it is so important. BAC stands for Blood Alcohol Concentration, and it is a measure of the amount of alcohol in your bloodstream. Understanding BAC is critical because it plays a central role in determining whether a person is legally impaired and subject to DUI (Driving Under the Influence) or DWAI (Driving While Ability Impaired) charges in Colorado.
How Does Alcohol Enter the Bloodstream?
When you consume alcohol, it does not get digested like food. Instead, it is absorbed directly into your bloodstream through the walls of your stomach and small intestine. Once in the bloodstream, alcohol travels to your brain and other organs, impacting your cognitive functions, motor skills, and decision-making abilities.
BAC is expressed as a percentage, representing the amount of alcohol per 100 milliliters of blood. For example, a BAC of 0.08% means you have .08 grams in 100 milliliters of blood, or .08 grams in 210 Liters of breath. The higher your BAC, the more impaired you are likely to be.
Factors That Affect BAC Levels
Several factors influence how quickly and to what extent alcohol raises a person’s BAC:
Weight: Heavier (or larger) individuals have more body water, which dilutes alcohol, resulting in a lower BAC compared to a lighter person consuming the same amount of alcohol.
Gender: Women tend to have higher BAC levels than men after consuming the same amount of alcohol. This is due to differences in body composition and lower levels of alcohol-metabolizing enzymes.
Drinking Speed: Consuming alcohol quickly raises BAC levels faster than spacing out drinks over a longer period.
Food Intake: Drinking on an empty stomach leads to a quicker rise in BAC, whereas food slows alcohol absorption.
Metabolism: Everyone metabolizes alcohol at a slightly different rate, which can influence how long alcohol stays in the system.
What is the Legal BAC Limit in Colorado?
Understanding the legal limits for BAC is essential for avoiding criminal penalties related to impaired driving. Colorado has two primary thresholds for BAC when it comes to driving:
DWAI (Driving While Ability Impaired): A BAC of 0.05% to 0.079% can result in a DWAI charge. This means that even if you are below the standard DUI limit of 0.08%, you can still face legal consequences if alcohol has impaired your ability to drive safely. In Colorado, it is illegal to be impaired to even the slightest degree.
DUI (Driving Under the Influence): A BAC of 0.08% or higher is considered legally “under the influence,” and you can be charged with a DUI. At this level, a driver is presumed to be too impaired to operate a vehicle safely.
For commercial drivers, the BAC limit is even lower at 0.04%, and for drivers under 21, a BAC of 0.02% or higher can result in an Underage Drinking and Driving (UDD) offense.
How Alcohol Affects Driving Ability
Even small amounts of alcohol can impair driving ability. At a BAC of 0.02%, individuals may experience slight relaxation and altered mood, but at 0.05%, coordination begins to suffer, reaction times slow, and judgment becomes impaired. By the time someone reaches a BAC of 0.08%, their ability to concentrate, perceive distances, and control their vehicle is significantly compromised.
A BAC above 0.08% drastically increases the risk of an accident, which is why DUI laws exist to protect both the driver and others on the road.
Can Your BAC Keep Rising After You Stop Drinking?
Yes. Your BAC can continue to rise even after you’ve stopped drinking. This happens because alcohol in your stomach and small intestine is still being absorbed into your bloodstream. Your BAC may peak 30 to 90 minutes after your last drink, meaning you could feel fine when you leave a bar or restaurant, but your impairment may increase as time goes on.
Consequences of a DUI or DWAI in Colorado
Colorado takes impaired driving seriously, and the consequences for a DUI or DWAI conviction can be severe. Penalties may include:
DWAI (First Offense): A fine of up to $500, up to 180 days in jail, eight points on your driving record, and up to 48 hours of community service.
DUI (First Offense): A fine of up to $1,000, up to one year in jail, a nine-month license suspension, 12 points on your driving record, and mandatory alcohol education programs.
Repeat Offenses: Colorado has strict penalties for repeat DUI offenders, including longer jail sentences, higher fines, mandatory alcohol treatment programs, and possible installation of an ignition interlock device.
How to Avoid a DUI or DWAI
The best way to avoid legal trouble and keep yourself and others safe is to make responsible choices when consuming alcohol. Here are some practical tips:
Use a Designated Driver: Plan ahead and have a sober friend drive if you plan to drink.
Use Ride-Share Services or a Taxi: Apps like Uber and Lyft make it easy to get home safely without getting behind the wheel.
Pace Yourself: Drinking slowly and staying hydrated can help keep your BAC lower.
Know Your Limits: Even if you feel fine, your BAC may be over the legal limit, so it’s better to err on the side of caution.
Final Thoughts
Blood Alcohol Concentration (BAC) is a critical factor in determining impairment and legal responsibility when it comes to driving. In Colorado, even a BAC as low as 0.05% can lead to legal consequences under DWAI laws, while a BAC of 0.08% or higher results in a DUI charge.
Understanding how alcohol affects your body, the factors influencing BAC, and the potential legal consequences can help you make safer decisions. The safest choice is always to avoid driving if you’ve been drinking. By planning ahead and using alternative transportation, you can protect yourself, your passengers, and everyone else on the road from the dangers of impaired driving.
from McDowell Law Firm https://mcdowellfirm.com/blood-alcohol-concentration-and-legal-bac-limit-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/
Self-defense is a widely recognized defense to certain criminal charges. Under Colorado law, individuals accused of a crime may argue that their actions were justified because they were protecting themselves or others from harm. This blog will explain what self-defense requires, when deadly force is justified, the Castle Doctrine, and what it means for self-defense to be an “affirmative defense.”
1. What Does Self-Defense Require to Be Legally Effective in Colorado?
In Colorado, self-defense is governed by C.R.S. § 18-1-704, which outlines when a person is justified in using physical force to defend themselves or someone else.
For self-defense to be legally effective, a defendant must show that:
They reasonably believed that the use of force was necessary to protect themselves or another person from the imminent use of unlawful physical force.
The level of force used was proportional to the threat they faced. In other words, the force cannot exceed what is necessary to neutralize the threat.
It’s important to note that self-defense requires a “reasonable belief” that force was necessary. This means the belief must be one that a reasonable person in the same situation would hold. Even if the threat later turns out to have been exaggerated or mistaken, as long as the defendant’s belief was reasonable at the time, self-defense may still apply.
However, there are limitations:
A person cannot claim self-defense if they were the initial aggressor (unless they withdrew and clearly communicated that intent before the other person escalated the situation).
Self-defense does not apply if the force was used in response to verbal threats alone.
Is Colorado a “Stand your ground” State? Colorado does not require a person to retreat (or run away) to lawfully claim self-defense or defense of others.
Is Colorado a “Castle Doctrine” State? Yes. This is also called a “Make my day” provision. What this means is that you may claim self-defense when:
An intruder unlawfully enters your home, and
You have reason to believe they have committed a crime, and
You have reasonable grounds to believe the intruder may use physical force against you or an occupant of the home.
2. When Is Deadly Self-Defense Allowed in Colorado?
Deadly force in self-defense is a much more serious matter and is permitted only under specific circumstances. According to Colorado law, deadly force may be used when:
The individual reasonably believes that they or someone else is facing imminent danger of death or serious bodily injury.
The use of deadly force is necessary to prevent the threat of death or serious harm.
For example, if someone is attacked with a weapon such as a knife, gun, or any object that could cause serious harm, the use of deadly force might be justified. Similarly, deadly force may be appropriate to stop a violent attack, such as a life-threatening assault or home invasion.
However, deadly force cannot be used when:
The defendant is responding to a minor physical altercation that does not pose a risk of serious harm.
The defendant provoked the use of unlawful force (unless they clearly withdrew from the conflict).
To justify deadly self-defense, the threat must be immediate and unavoidable. If there was an opportunity to retreat safely, this can factor into whether the use of deadly force was reasonable, though Colorado does not impose a strict duty to retreat before defending oneself.
What types of charges commonly raise Self-defense claims? Many violent charges could potentially raise a self-defense claim, but the most common charge I see is self-defense as a defense to assault.
Always remember, in Colorado your use of self-defense has to be reasonable. In Colorado, you can only use a degree of physical force which you reasonably believe to be necessary for that purpose.
3. Colorado’s Castle Doctrine
Colorado’s Castle Doctrine, established under C.R.S. § 18-1-704.5, provides individuals with significant protections when defending themselves in their homes.
The Castle Doctrine allows a person to use deadly force against an intruder if:
The intruder has made an unlawful entry into the individual’s dwelling.
The resident has a reasonable belief that the intruder intends to commit a crime in the dwelling or use physical force against an occupant.
The resident believes that deadly force is necessary to protect themselves or others.
The key element of the Castle Doctrine is the presumption that an unlawful intruder poses an imminent threat. Unlike general self-defense laws, the Castle Doctrine does not require a homeowner to retreat or assess whether less deadly means of force could be used. This protection is based on the idea that individuals have the right to feel safe in their homes.
Colorado’s Castle Doctrine applies to dwellings, which are generally defined as places where people live, including houses, apartments, and other residences. It does not extend to vehicles or businesses, though general self-defense laws may still apply in those situations.
In short, if someone breaks into your home, has/is committing a crime, and you reasonably believe they pose a threat, you are legally justified in using deadly force to defend yourself and your family. However, you may still be charged with a crime, and you will have to raise a defense of self-defense at trial and hope that a jury agrees that your actions were reasonable.
4. What Does It Mean for Self-Defense to Be an “Affirmative Defense”?
Self-defense is considered an affirmative defense in Colorado. This means that instead of simply denying the charges against them, the defendant is admitting to the conduct (e.g., using physical force) but arguing that it was legally justified.
Here’s how an affirmative defense works:
The burden of proof initially falls on the defense to introduce evidence that self-defense was justified.
Once self-defense is raised as an affirmative defense, the prosecution must disprove self-defense beyond a reasonable doubt.
For example, in a case involving assault charges, the defendant might argue that they struck the alleged victim only because they were being attacked first. If the evidence supports a reasonable belief that the force was justified, the burden shifts to the prosecution to prove that the defendant’s actions were not legally justified.
By framing self-defense as an affirmative defense, the law ensures that individuals can justify their actions while still holding the prosecution to the high standard of proof required in criminal cases.
Conclusion
Self-defense is a fundamental legal right, but it must be applied carefully and within the boundaries of Colorado law. Whether it’s general self-defense, the use of deadly force, or protections under the Castle Doctrine, individuals must show that their actions were reasonable and necessary under the circumstances. As an affirmative defense, self-defense can be a powerful argument in court, but it places certain responsibilities on the accused to justify their actions.
If you are facing criminal charges and believe you acted in self-defense, it is crucial to speak with an experienced criminal defense attorney. At the McDowell Firm, we understand the complexities of self-defense laws in Colorado and are committed to building a strong defense on your behalf.
Need Legal Advice? If you or a loved one has been charged with a crime in Colorado Springs and you believe self-defense applies, contact us today for a consultation. Protect your rights and let us fight for you.
from McDowell Law Firm https://mcdowellfirm.com/self-defense-as-an-affirmative-defense-to-certain-crimes-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/
If a loved one has been arrested, one of the first priorities is finding a way to get them released from jail as quickly as possible. Understanding the bail and bond process in Colorado is essential to navigate this often stressful situation. This blog will explain how to bond someone out of jail, the types of bonds available (including cash, surety, and property bonds), whether some bonds are cash-only, and what a personal recognizance (PR) bond entails.
How to Bond Someone Out of Jail
When someone is arrested in Colorado, they are typically held in jail until they can post bond or bail. Bond allows the individual to be released from custody while ensuring that they will appear in court for their scheduled hearings.
Here are the steps to bond someone out of jail:
1. Determine the Bond Amount:
After an arrest, a judge or magistrate will set the bond amount based on factors like the severity of the charges, the defendant’s criminal history, and their ties to the community.
The bond amount may be set at the initial court appearance (often referred to as an arraignment) or by a pre-set bail schedule.
2. Contact the Jail:
Call the jail or detention center where your loved one is being held to confirm the bond amount, payment options, and acceptable forms of bond (cash, surety, or property).
3. Pay the Bond:
Depending on the bond type, you can pay with cash, use a bondsman, or secure the bond with property. We will discuss each type in detail below.
4. Complete the Paperwork:
Once the bond is paid or secured, you will need to fill out the necessary paperwork to finalize the release.
5. Release from Custody:
After the bond is processed, the defendant will be released, usually within a few hours.
Types of Bonds in Colorado
There are several types of bonds that can be used to secure someone’s release from jail. The type of bond allowed will depend on the specific circumstances of the case and the judge’s orders.
1. Cash Bonds
A cash bond requires the full bond amount to be paid in cash (or by certified funds such as a money order or cashier’s check). Once the case is concluded and the defendant has appeared for all court dates, the bond is refunded, minus any court fees or fines.
Example: If the bond is set at $2,000, you must pay the full $2,000 to secure the defendant’s release.
Cash bonds are straightforward but can be challenging for those who do not have immediate access to large sums of money.
2. Surety Bonds
A surety bond involves working with a licensed bail bondsman who posts the bond on your behalf. In exchange, you pay the bondsman a non-refundable fee (usually 8-15% of the bond amount).
The bondsman acts as a guarantor, ensuring the defendant appears in court.
If the defendant fails to appear, the bondsman may hire a bounty hunter to locate them and bring them back to custody.
Example: If the bond is set at $5,000, you would pay the bondsman $500 to $750 as a fee. You don’t get this money back at the end of the case.
3. Property Bonds
A property bond allows you to use real estate as collateral to secure the defendant’s release. The value of the property must generally be at least equal to the bond amount, and you must provide proof of ownership, such as a property deed.
If the defendant fails to appear in court, the court can place a lien on the property or even foreclose to cover the bond amount.
Property bonds can take longer to process because they require an assessment of the property’s value and ownership documentation.
4. Cash-Only Bonds
In some cases, a judge may require a cash-only bond, meaning you cannot use a bondsman or property to secure the bond. This typically occurs when the court has concerns about the defendant’s reliability, such as prior failures to appear in court.
Example: If the bond is set at $1,000 cash-only, you must pay the full $1,000 in cash or certified funds. No other bond options are allowed. This money can be returned at the end of a case. It can also be used towards fines, fees and court costs .
What Is a Personal Recognizance (PR) Bond?
A Personal Recognizance (PR) Bond is a type of bond that does not require any payment upfront. Instead, the defendant is released based on their promise to appear in court and comply with any conditions set by the judge.
PR bonds are typically granted in cases involving:
Non-violent offenses
Defendants with no significant criminal history
Defendants who pose minimal flight risk
To qualify for a PR bond, the defendant must:
Demonstrate strong ties to the community (e.g., stable employment, family connections).
Convince the court that they are unlikely to miss future court appearances.
If the defendant fails to appear in court, the PR bond can be revoked, and additional charges for failure to appear may be filed.
How to Bond Someone Out Without Money
If you do not have money to post bail, there are still options to secure the release of a loved one:
1. Request a PR Bond:
During the defendant’s initial court appearance, the attorney can request a PR bond.
Provide evidence of strong community ties, employment, and other factors that show the defendant is not a flight risk.
2. Use a Bail Bondsman:
Even if you do not have the full bond amount, you may be able to afford the bondsman’s fee (typically 8-15%).
Some bondsmen offer payment plans or financing options for their fees. This will typically require some money, but not nearly as much as a cash bond.
3. Property Bond:
If you own real estate, you can use it to secure a property bond instead of paying cash.
4. Seek Legal Representation:
An experienced criminal defense attorney can argue for a bond reduction or a PR bond during a bond hearing.
Bond amounts are not set in stone, and judges have the discretion to adjust them based on the defendant’s circumstances.
5. Bond Reduction Hearing:
If the initial bond is unaffordable, your attorney can request a bond reduction hearing to argue for a lower amount.
El Paso County Jail Information
If your loved one is in custody, you can verify their location using the El Paso County Sheriff’s Office Inmate Locator tool: El Paso County Inmate Locator.
For bonding and visitation information, you can contact the Criminal Justice Center (CJC) in Colorado Springs:
Address: 2739 E. Las Vegas Street, Colorado Springs, CO 80906
If a loved one has been arrested, one of the first priorities is finding a way to get them released from jail as quickly as possible. Understanding the bail and bond process in Colorado is essential to navigate this often stressful situation. This blog will explain how to bond someone out of jail, the types of bonds available (including cash, surety, and property bonds), whether some bonds are cash-only, and what a personal recognizance (PR) bond entails.
How to Bond Someone Out of Jail
When someone is arrested in Colorado, they are typically held in jail until they can post bond or bail. Bond allows the individual to be released from custody while ensuring that they will appear in court for their scheduled hearings.
Here are the steps to bond someone out of jail:
1. Determine the Bond Amount:
After an arrest, a judge or magistrate will set the bond amount based on factors like the severity of the charges, the defendant’s criminal history, and their ties to the community.
The bond amount may be set at the initial court appearance (often referred to as an arraignment) or by a pre-set bail schedule.
2. Contact the Jail:
Call the jail or detention center where your loved one is being held to confirm the bond amount, payment options, and acceptable forms of bond (cash, surety, or property).
3. Pay the Bond:
Depending on the bond type, you can pay with cash, use a bondsman, or secure the bond with property. We will discuss each type in detail below.
4. Complete the Paperwork:
Once the bond is paid or secured, you will need to fill out the necessary paperwork to finalize the release.
5. Release from Custody:
After the bond is processed, the defendant will be released, usually within a few hours.
Types of Bonds in Colorado
There are several types of bonds that can be used to secure someone’s release from jail. The type of bond allowed will depend on the specific circumstances of the case and the judge’s orders.
1. Cash Bonds
A cash bond requires the full bond amount to be paid in cash (or by certified funds such as a money order or cashier’s check). Once the case is concluded and the defendant has appeared for all court dates, the bond is refunded, minus any court fees or fines.
Example: If the bond is set at $2,000, you must pay the full $2,000 to secure the defendant’s release.
Cash bonds are straightforward but can be challenging for those who do not have immediate access to large sums of money.
2. Surety Bonds
A surety bond involves working with a licensed bail bondsman who posts the bond on your behalf. In exchange, you pay the bondsman a non-refundable fee (usually 8-15% of the bond amount).
The bondsman acts as a guarantor, ensuring the defendant appears in court.
If the defendant fails to appear, the bondsman may hire a bounty hunter to locate them and bring them back to custody.
Example: If the bond is set at $5,000, you would pay the bondsman $500 to $750 as a fee. You don’t get this money back at the end of the case.
3. Property Bonds
A property bond allows you to use real estate as collateral to secure the defendant’s release. The value of the property must generally be at least equal to the bond amount, and you must provide proof of ownership, such as a property deed.
If the defendant fails to appear in court, the court can place a lien on the property or even foreclose to cover the bond amount.
Property bonds can take longer to process because they require an assessment of the property’s value and ownership documentation.
4. Cash-Only Bonds
In some cases, a judge may require a cash-only bond, meaning you cannot use a bondsman or property to secure the bond. This typically occurs when the court has concerns about the defendant’s reliability, such as prior failures to appear in court.
Example: If the bond is set at $1,000 cash-only, you must pay the full $1,000 in cash or certified funds. No other bond options are allowed. This money can be returned at the end of a case. It can also be used towards fines, fees and court costs .
What Is a Personal Recognizance (PR) Bond?
A Personal Recognizance (PR) Bond is a type of bond that does not require any payment upfront. Instead, the defendant is released based on their promise to appear in court and comply with any conditions set by the judge.
PR bonds are typically granted in cases involving:
Non-violent offenses
Defendants with no significant criminal history
Defendants who pose minimal flight risk
To qualify for a PR bond, the defendant must:
Demonstrate strong ties to the community (e.g., stable employment, family connections).
Convince the court that they are unlikely to miss future court appearances.
If the defendant fails to appear in court, the PR bond can be revoked, and additional charges for failure to appear may be filed.
How to Bond Someone Out Without Money
If you do not have money to post bail, there are still options to secure the release of a loved one:
1. Request a PR Bond:
During the defendant’s initial court appearance, the attorney can request a PR bond.
Provide evidence of strong community ties, employment, and other factors that show the defendant is not a flight risk.
2. Use a Bail Bondsman:
Even if you do not have the full bond amount, you may be able to afford the bondsman’s fee (typically 8-15%).
Some bondsmen offer payment plans or financing options for their fees. This will typically require some money, but not nearly as much as a cash bond.
3. Property Bond:
If you own real estate, you can use it to secure a property bond instead of paying cash.
4. Seek Legal Representation:
An experienced criminal defense attorney can argue for a bond reduction or a PR bond during a bond hearing.
Bond amounts are not set in stone, and judges have the discretion to adjust them based on the defendant’s circumstances.
5. Bond Reduction Hearing:
If the initial bond is unaffordable, your attorney can request a bond reduction hearing to argue for a lower amount.
El Paso County Jail Information
If your loved one is in custody, you can verify their location using the El Paso County Sheriff’s Office Inmate Locator tool: El Paso County Inmate Locator.
For bonding and visitation information, you can contact the Criminal Justice Center (CJC) in Colorado Springs:
Address: 2739 E. Las Vegas Street, Colorado Springs, CO 80906
Driving under the influence (DUI) is a serious offense, but for commercial drivers, the stakes are even higher. A Commercial Driver’s License (CDL) is more than just a driver’s license—it is a professional credential that allows individuals to operate commercial vehicles like trucks and buses. When a CDL holder is charged with a DUI, the consequences can be severe and career-ending. In this article, we’ll examine how DUI charges impact CDL eligibility, the consequences of a DUI for current CDL holders, and the specific laws in Colorado, including lower blood alcohol concentration (BAC) limits and lifetime bans.
Can You Get a CDL With a DUI on Your Record?
The short answer is yes, you can obtain a CDL with a prior DUI conviction—but it depends on the circumstances. Having a DUI does not automatically disqualify someone from obtaining a CDL. However, there are key factors that can influence eligibility:
State Regulations: Each state determines how long a DUI conviction stays on a driving record and how it impacts CDL eligibility. In Colorado, a DUI conviction remains on your driving record for life, but the immediate consequences typically impact your driving privileges for a set number of years.
Time Since the DUI: Most CDL training programs and employers require a clean driving record for a certain number of years (e.g., 3-5 years) before considering applicants. If the DUI is recent, it can be an obstacle to both obtaining a CDL and securing employment as a commercial driver.
Employer Policies: Many trucking and commercial transportation companies have strict hiring policies regarding DUI convictions. Even if you obtain a CDL, finding a job may be challenging.
In short, while it is legally possible to get a CDL with a DUI on your record, practical barriers—such as employer reluctance and state-imposed restrictions—can make it difficult.
What Happens to a CDL Holder Who Gets a DUI?
For CDL holders, a DUI is devastating. Commercial drivers are held to a higher standard than non-commercial drivers due to the size and weight of the vehicles they operate and the risk they pose on the road. Below is an overview of the consequences for CDL holders charged with or convicted of DUI:
1. Immediate Disqualification of CDL
Under federal and Colorado law, a first-time DUI offense will result in an automatic one-year disqualification of your CDL. This disqualification applies regardless of whether the driver was operating a commercial vehicle or a personal vehicle at the time of the offense.
First Offense: A one-year disqualification from holding a CDL.
Second Offense: A lifetime disqualification, which we will discuss later.
It is important to note that a CDL holder cannot obtain a “hardship” or restricted CDL to operate commercial vehicles during the disqualification period, even if the DUI occurred in a non-commercial vehicle.
2. Lower BAC Limits for CDL Holders
One of the most critical differences for CDL holders is the lower BAC threshold. In Colorado, the legal BAC limit for a DUI for non-commercial drivers is 0.08%. A DWAI (driving while ability impaired) is a BAC in excess of a .05%
However, for CDL holders, the limit is still lower:
BAC of 0.04%: If a CDL holder operates a commercial vehicle with a BAC of 0.04% or higher, they are considered to be driving under the influence and are subject to DUI charges.
Personal Vehicle: If a CDL holder is charged with a DUI while operating a personal vehicle with a BAC of 0.08% or higher, the consequences are the same as if they had been driving a commercial vehicle.
Because the BAC threshold for CDL holders is cut in half, the risk of being charged with a DUI is far greater. Even small amounts of alcohol can put a commercial driver over the legal limit.
3. Impact on Employment
Many trucking companies and employers will terminate CDL drivers following a DUI conviction. Even after completing the disqualification period and regaining a CDL, finding employment can be extremely difficult. Employers often view a DUI as a liability and may not be willing to hire a driver with a history of impaired driving.
How a CDL Driver Can Get a Lifetime Ban
A lifetime disqualification of a CDL is the most severe penalty a commercial driver can face. Under federal and Colorado state law, a lifetime ban can occur in the following scenarios:
Second DUI Offense: If a CDL holder is convicted of a second DUI, regardless of whether it occurred in a commercial or personal vehicle, they will receive a lifetime CDL disqualification. This is non-negotiable under federal regulations.
Felony Involving a Commercial Vehicle: A CDL holder who uses a commercial vehicle to commit a felony, such as drug trafficking, will face a lifetime ban.
Refusing a BAC Test: Refusing to submit to a BAC test (breathalyzer, blood, or urine) is treated as a DUI conviction and can count toward a lifetime disqualification.
While some states may allow CDL drivers to apply for reinstatement after 10 years under limited circumstances, Colorado follows strict federal regulations. CDL drivers should assume that a second DUI or serious violation will permanently end their commercial driving career.
Can You Fight a CDL DUI Charge?
If you are a CDL holder charged with a DUI, it is essential to seek experienced legal representation immediately. While the consequences are severe, there may be defenses available to challenge the charges or mitigate the penalties, such as:
Challenging the BAC Test: If the breathalyzer or blood test was improperly administered, it may be possible to have the results excluded as evidence.
Unlawful Traffic Stop: If the traffic stop leading to the DUI charge was not legally justified, the case may be dismissed.
Errors in DUI Procedures: Law enforcement must follow specific procedures during DUI arrests. Any deviation may provide grounds to challenge the charges.
An experienced DUI attorney can evaluate the evidence and build a strong defense to protect your CDL and your career.
Final Thoughts: Protecting Your CDL and Your Future
For commercial drivers, a DUI is not just a legal issue—it can be a career-ending event. The lower BAC limits, automatic disqualifications, and risk of lifetime bans mean CDL holders must exercise extreme caution when it comes to alcohol. Even a first offense can result in the loss of your livelihood, and a second offense will permanently disqualify you from driving commercial vehicles.
If you are a CDL holder facing DUI charges, the best course of action is to seek legal counsel immediately. A skilled DUI attorney can help you understand your options, fight the charges, and work to protect your career. Your CDL is more than a license; it’s your future—and it’s worth defending.
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Dope, Ganja, the sticky-icky, Jazz Cabbage, Grass, the Devil’s lettuce, reefer, trees, Mary Jane. Today’s blog is about driving under the influence of marijuana. Drug laws in Colorado are changing. The legalization of marijuana and decriminalization of some other drugs, like psychedelic ‘shrooms and DMT, show changing ideas on the use of certain substances as medicine.
Remember: If you are 21 or older, recreational use of alcohol and weed is legal in Colorado, but driving under the influence is not.
Being under the influence affects your ability to control and leads to an offense.
So, can you get a DUI for smoking weed? Yes! You can be charged with a DUI if you are physically and mentally unable to operate a vehicle and still try to do so. If you are even slightly impaired you can be charged with DWAI (driving while ability impaired).
Colorado police officers are on high alert for drivers who violate DUI laws. With weed available, the consumption rate goes up. Weed slows down your reaction time and your motor skills and other effects.
According to a recent survey, the Colorado Department of Transportation (CDOT) says 17.6% of Coloradoans are cannabis users. Keep in mind, not everyone charged with a marijuana DUI is guilty. The State needs to prove impairment.
In this post we will explore how and when you can be charged with a DUI for weed. We’ll also go over the penalties, what the police do, and some of the defenses and tips to avoid getting charged and/or convicted.
What is a DUI for Weed?
In Colorado, it’s illegal to drive a motor vehicle or be under the influence of drugs including marijuana. DUID (the last ”D” is drugs) means that a person is substantially incapable of operating a motor vehicle as a sober person would. A “DWAI Drugs”, means they were impaired to at least the slightest degree due to drugs in their system.
Although marijuana is legal for medical and recreational use in Colorado if you are 21 or older, driving after consuming weed can be considered a DUI.
Can you get a DUI for being high on weed or other drugs?
Yes. I defend them all the time. They are more common than you might think. I can follow what drugs are becoming more popular in Colorado Springs by reviewing the drug panels done on my client’s blood. In many cases, when an officer has reason to believe that drugs are causing the impairment (they think more than alcohol is on board), they will require a blood test. Typically, an 11-drug panel is completed on the blood to determine if there were methamphetamines/amphetamines, benzos, cocaine, marijuana, etc. in a person’s system.
Law enforcement officers check for physical signs like reckless driving, bloodshot eyes or sudden slow reaction. Other methods like field sobriety tests or blood tests measure TCH levels in the body.
According to Colorado law, Delta 9 THC is the psychoactive substance in marijuana that causes impairment. The legal limit of active Delta 9 THC (tetrahydrocannabinol) is 5 nanograms (5 ng) or more per milliliter of blood.
For regular weed users, Delta 9 THC stays in their system even when they are not impaired. The newer methods of testing can distinguish between active and inactive tpes of marijuana in a person’s system. Law enforcement officers also rely on their observations for any signs of impairment. (odor, bloodshot eyes, mannerisms, admissions, weed in the car, etc)
If your blood level is below 5 nanograms you might still be charged with a DWAI. From the Colorado DOT website:
The limit in Colorado of active Delta 9 THC in a driver’s blood, which gives rise to a “permissible inference” that the person is under the influence of cannabis, is five nanograms or more per milliliter in the whole blood.
Drivers can be arrested and cited for impaired driving if law enforcement observes and documents driver impairment to any degree, even with a blood level below 5 ng of Delta 9 THC.
When Can You Be Charged With a DUI for Weed?
Law enforcement officers are trained to determine if an individual is driving under the influence of drugs. The police department has drug detection specialists, called Drug Recognition Experts (DRE), who are trained to detect the substances an individual consumes.
Every state has its own rules for impaired driving offenses. All states have laws that prohibit DUI of weed. The conditions that can get you charged with a DUI for weed are categorized into –
DUI Per Se
Some states have DUI per se laws for weed. In these states, there is a limit on the amount of THC or marijuana in your system. When you exceed that amount, you will be charged with DUI per se charges. Generally, the limit is between 2 ng/ml to 5 ng/ml.
Reasonable Inference
In Colorado State if you have more THC in your blood than the legal limit there is a “permissible inference” that you are under the influence of THC.
DUI Based on Impairment
If there is evidence of weed consumption, and you are impaired, it’s considered a DWAI. Whether you only smoked weed, or used it with other drugs/alcohol, you can be charged.
Evidence of Impairment
What are law enforcement officers looking for in DUID and DWAID cases reasons for stops in DUID and DWAID cases include:
You broke Colorado traffic laws
You were weaving in and out of your lane
You drove too fast or too slow
You had bloodshot eyes and slurred speech
The officer smelled marijuana in the car
There was marijuana paraphernalia in the vehicle (rolling papers, joint clip etc.)
Marijuana was found in your car
How is Impairment from Weed Measured?
Can you be charged with a DUI for smoking weed while driving? Yes, you can. How is it determined if someone is too high to drive? In Colorado, the state does a blood test as the primary test for drug use.
A trained DRE officer may also do a series of tests (roadside sobriety or FSTs)on the side of the road. These include things like eye movement and coordination tests.
Field Sobriety Tests (FSTs)
The field sobriety tests, also known as Standardized Field Sobriety Tests, test the physical and mental abilities of the drivers. These tests include –
Eye examinations: The experts look for impairment signs through different eye movements.
Physical coordination tests: These tests include things like walk-and-turn test or standing on one leg. The tests are done to check balance and motor skills
A drug recognition expert (DRE) is an officer who is highly trained to do DUI field sobriety tests for weed and other drugs. The Standardized Field Sobriety Tests are designed to test whether you are under the influence of depressants or stimulants. If you are charged with DUI of weed, assessing the investigation and determining if the officer is well-experienced in drug recognition is key. You need to know if the officer is trained or not and if he followed the correct protocols.
Chemical Tests-
Blood tests – Generally, blood tests will show THC and its metabolites. THC can be detectable even after the psychoactive effects are gone. It can be found as “active” in your blood for over 12 hours and longer for chronic users. People with more body fat will have THC in their blood for a longer period. Tests can determine the difference between active and inactive marijuana in blood.
Urine tests – Urine tests also show weed consumption; however, they have challenges in determining impairment while driving. Urine testing can find weed in users for 3 days and chronic users for over 10 days. Hair samples can detect weed use, but they are not suitable for DUI cases.
How Do Police Detect Marijuana Use?
There has been a surge in DUI cases involving marijuana use since many laws have been relaxed on its use and possession. According to Colorado State law, it is a crime to drive under the influence of weed and other drugs
In marijuana cases, the police and prosecution must provide evidence that the driver was not in proper condition to drive (impaired or under the influence)
Officers can look for signs such as poor driving, red eyes, unusual speech patterns, and muscle tremors. If an officer has probable cause for charges, a person may be required by Colorado’s express consent law to provide a sample for chemical testing.
Penalties for a DUI of Weed
According to Colorado Revised Statute 42-4-1301 a driver can be found guilty of driving under the influence of marijuana and/or other drugs. The influence of weed and drugs makes them severely incapable of being physically and mentally able to operate a vehicle safely. It can lead to erratic driving and can cause accidents.
Can you get a DUI for driving high on weed? Yes. Colorado State has severe consequences for DUI of weed to prevent people from using it. A 4th DUI/DWAI of weed is a class 4 felony and can be sentenced to 2 to 6 years in state prison. It can also be fined $2,000 to $500,000.
Here are the penalties if you are found under the influence of weed or alcohol –
Misdemeanor Offense
Jail Sentence
Can a judge suspend jail?
Probation
Fine
Public Service
License Revocation
1st DUI of marijuana
5 days – 1 year
Yes, it can be suspended with alcohol/drug evaluation and proper alcohol education
Up to 2 years
$600 – $1,000
48 – 96 hours
9 months
1st DWAI of marijuana
2 days – 180 days
Yes, a judge can suspend jail, with alcohol/drug evaluation and alcohol education
Up to 2 years
$200 – $500
24 – 48 hours
none
2nd DUI/DWAI of marijuana in 5 years
10 days – 1 year
No, in this case the judge cannot suspend jail. Though court can grant home detention.
2 – 4 years
$600 – $1,500
48 – 120 hours
1 year
2nd DUI/DWAI of marijuana after 5 years
10 consecutive days – 1 year
No, though court can grant home detention
2 – 4 years
$600 – $1,500
48 – 120 hours
1 year
3rd DUI/DWAI of marijuana
60 consecutive days – 1 year
No, though court can grant work release or community corrections
2 – 4 years
$600 – $1,500
48 – 120 hours
2 years
License Revocations
Here is where marijuana (and other drugs) and alcohol differ. There is no “per se” legal limit for any drug other than alcohol, when it comes to driver’s license per se revocations. Yes, you can still be revoked if you plead to a DUI, but not through a DMV per se action. If your BAC is a .08 or greater, within two hours of driving, you’ll receive an administrative revocation action against your license. But with weed or other drugs, there is no per se limit for a DMV action. There is a limit for marijuana in your system (5 ng) but that won’t trigger a separate DMV action like alcohol will.
Defenses against a Weed-Related DUI Charge
If you are charged with marijuana DUI in Colorado, there are various defenses an experienced attorney can use. In these “weed DUI” cases, your attorney will argue to prove you were not impaired while driving. A strong defense and a good lawyer may get your charges reduced or even a dismissal, depending on the facts of your case. The lawyer will have a strategic approach, using effective defenses to protect your rights and challenge the prosecution’s case.
The defenses used against a weed-related DUI charge are –
The police officer can’t provide a proper justification for the stop or test when cross-examined. Generally, the officers arrest people based on their uncooperative behavior rather than signs of impairment. If your attorney can prove to the judge you were improperly stopped your whole case may be dismissed as a 4th Amendment violation.
Should you take DUI field sobriety tests? They are voluntary. In most cases, I don’t think it’s a good idea to participate in voluntary FSTs. If you do take the tests, hiring a good attorney will help you prove the field sobriety tests were not conducted properly. You can use dash cam and body cam footage of the police officer to prove they gave you incorrect instructions or that they were unfair in their subjective analysis of your abilities. If you can convince the DA of improper action during the investigation, they might dismiss or reduce your charge to a minor traffic violation.
Your attorney could prove the procedures used during the blood test were incorrect. Maybe your sample was contaminated, or there was a break in the chain of custody. Once your lawyer proves to the judge your sample was, they should exclude it as evidence.
If you have a medical condition that looks like being impaired, it can be a strong defense. For example, if someone has seizures or diabetic comas and is mistaken for being high, your case will be closed. Even if you are feeling sick or tired it’s not a DUI. It’s a minor traffic violation and charges will be dismissed.
In some cases, DUI lawyers analyze the use and administration of breathalyzers or other chemical tests. Any defect or malfunction of these devices can give you an incorrect BAC reading. If any error occurs during the handling or analysis of bodily fluids, it can effect your case
Tips to avoid a Marijuana DUI
Prevention is always better than cure. Don’t smoke and drive.
There are ways to stay safe and legal. Colorado has strict laws on cannabis use so be aware of the consequences.
Some tips to avoid a DUID are –
Make sure there are no open alcohol containers or marijuana in your vehicle. Colorado has a strict law on open containers which prohibits them in the passenger compartment of the vehicle. If law enforcement sees an open container in your vehicle, they might give you a ticket or suspect you of driving impaired. Avoid these by transporting sealed containers of alcohol or marijuana and always store them in the trunk.
In Colorado, police can arrest someone suspected of being impaired or intoxicated by marijuana for DUI. “Impaired” in this case means impaired to the slightest degree. You can be impaired even after you feel the effects of being high or drunk wear off. So, you need to have a plan for these situations as you might not make good decisions in this state.
Be aware that legally prescribed medications can impair you. Multiple prescription medications can affect your driving abilities, across many drug categories. Some of them are antidepressants, anti-anxiety drugs, sleeping pills, opioids and stimulants as stated by the FDA. These medications have warning labels telling you not to drive or use machinery until you know how it affects you.
Be careful when approaching DUI checkpoints. In most cases, they stop every vehicle that passes through the checkpoint. When going through the checkpoint, slow down, pay attention, and follow all instructions from the police. If you get charged with DUI or DWAI contact a lawyer immediately.
Drive Safe and Avoid Drug-related DUIs and DUIDs with the McDowell Law Firm!
Weed DUI is a complex aspect of law enforcement and public safety. With cannabis legalization on the rise, it’s important to know the risks, consequences, and prevention.
Are you wondering how to beat a DUI for smoking weed? Contact us at the McDowell Law Firm and our criminal defense lawyer will assess your situation and build a defense for you. Call today for a free consultation.
At McDowell Law Firm we represent the legal rights of those injured in accidents. We can help you assess your situation and take all the necessary steps to protect you.
Do DUI lawyers get your drunk driving charges dropped? Yes our expert lawyers will get you the best result!
Frequently Asked Questions (FAQs)
1. Does weed show up on a DUI?
Colorado DUI laws are tough and apply to everyone including those with medical marijuana cards. If you are driving impaired you will get arrested and charged with DUI. If any amount of THC is found in your system you will get a DUI or DWAI charge.
2. How do they test for weed?
In Colorado state police officers do blood tests to see if there’s weed in your blood. If the officer thinks you’re impaired while driving you will get charged with DUI. Once the driver gets arrested the individual must submit to chemical testing. Unlike with alcohol DUI there’s no option to choose between a breath test or blood test.
3. Can they pull you over if they smell weed?
Since marijuana is legal in Colorado if a police officer finds a joint or pipe in your car they can search. If they suspect you of smoking weed while driving you will get a DUI charge.
4. Can they test edibles?
Yes police can test suspected edibles for weed. If you have weed with edibles and the police find them you will get charged equally.
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