Legal Question in DUI Law in Colorado

If the law did not go into effect until January 1st how can they look at DUI's before the law was put in place. This seems like a pre-existing condition for medical. It should be the same on prior DUI's received when they put the law on 3 within a seven years.

Asked on 8/22/13, 12:46 pm

1 Answer from Attorneys

Damon Cassens Waters, Kubik, and Cassens

While it might seem that way, the appellate courts have decided differently.

It if becomes a part of a charge, the DA must prove it beyond a reasonable doubt. If just a factor in sentencing, it is up to the court' s discretion.

If you are talking in terms of DMV and a license, that is a legislative mandate as applies to a privilege, versus a right.

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Answered on 8/22/13, 4:02 pm

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