Denver DUI Lawyer Blog

Colorado's DUI/DWAI laws can be very difficult to decipher. They are often written in such a way that it can be hard for a person unfamiliar with the law to determine their rights, options or even the possible penalties that they may be facing.

The next few posts are designed to provide some basic background information on these complex DUI/DWAI laws and summarize some of the potential penalties to which an offender may be subject.

This information is provided for informational purposes only and is not to be construed as legal advice. To learn more about DUI/DWAI or to address your pressing issues, contact an experienced Colorado legal professional.

Last week, the medical marijuana provisions of Colorado law were once again at the forefront of legal conversation as federal prosecutors sought to prevent a Highlands Ranch man from using the applicable state provisions as a defense.

Chris Bartkowicz was arrested following his February appearance on a local television station. During the televised segment, he openly showcased and discussed his efforts to grow marijuana.

He was later indicted on a multitude of federal drug charges, including possession with intent to distribute 100 or more marijuana plants, manufacture of a controlled substance, and distribution of a controlled substance within 1000 feet of a school.

Bartkowicz's attorney subsequently filed a motion to dismiss the case, claiming that Bartkowicz was unaware that he was breaking the law due to the so-called "Holder Memorandum."

The Holder Memorandum is an October 2009 Justice Department memorandum that instructs federal prosecutors to pursue marijuana dealers/manufacturers, not users or growers of medical marijuana who are acting in compliance with state law.

According to the memo filed by Bartkowicz's attorney, "The defendant was acting pursuant to Amendment 20 to the Colorado Constitution and the so-called Holder Memorandum. [His] good faith belief that he was complying with the law, as it was understood by him, should have been submitted to the Grand Jury, especially because, upon best information and belief, this is the first federal prosecution involving Amendment 20."

Efforts by the state of Colorado to legitimize and lend greater transparency to the medical marijuana industry have encountered a significant obstacle: Banks across the state are refusing to conduct any sort of business with medical marijuana dispensaries/centers.

According to dispensary owners, banks are declining to conduct any type of business with them, from extending loans to opening new accounts.

In fact, Wells Fargo & Co. recently announced that it was no longer handling the accounts of medical marijuana dispensary owners, giving them until October 4 to close them out. While the banking giant had stopped opening new accounts for dispensary owners several months ago, it had still allowed all pre-existing account holders to remain with the bank.

According to Wells Fargo spokesperson Cristie Drumm, "[The decision] was based really on the complex and inconsistent legal environment across the country related to medical marijuana dispensaries."

Today's post will briefly examine a very interesting DUI/DWAI story out of Texas, where a 54-year-old man was recently sentenced to life in prison after being convicted of drunk driving for the ninth time.

(Please note, in the state of Texas, adult defendants are charged with driving while intoxicated (DWI), not driving under the influence (DUI).)

Bobby Stovall was arrested in Round Rock, Texas, for driving while intoxicated this past July. Law enforcement officials indicated in their reports that Stovall's pickup truck hit another vehicle after swerving across multiple traffic lanes. The collision resulted in severe injuries to the other motorist.

Stovall's blood alcohol concentration (BAC) at the time of his arrest was .32, more than four times the state's legal limit of .08.

The following post will briefly examine two DUI/DWAI-related incidents that occurred over the weekend ...

Grand Junction Man Facing DUI Charges After Sending Truck Through Garage

On early Sunday morning, 20-year-old Alan Reeves of Grand Junction, Colorado, was arrested on suspicion of DUI/DWAI after causing extensive damage to an area home.

According to police reports, Reeves was driving through a Grand Junction residential neighborhood when he lost control of his Ford pickup truck and drove directly into a home.

After crashing through a fence and running over a basketball hoop, Reeves' truck struck a vehicle parked in the driveway with enough force to propel it through the garage door and into two other parked vehicles.

A whisky bottle was recovered in the back of Reeves' pickup truck.

In addition to the DUI charges, Reeves was charged with underage possession of alcohol, reckless driving and driving under restraint. His license was suspended from a previous DUI charge.

Reeves was treated and subsequently released from an area hospital. No one in the home was injured.

Colorado Springs DUI Checkpoints Lead to 16 DUI Arrests

On Saturday evening, the Colorado Springs Police Department made several DUI/DWAI-related arrests at a sobriety checkpoint set up on a popular city thoroughfare. 

According to police reports, 1,176 drivers were stopped at the sobriety checkpoint. Police officers administered sobriety tests to 33 of these drivers, and 16 were subsequently arrested for DUI/DWAI.

In addition, seven people were also issued citations for violations unrelated to alcohol, one person was issued a citation for an open container and another was issued a citation for possession of drug paraphernalia.

Related Resources: 
 
• Crash Driver Had Suspended License (The Daily Sentinel)
• Sobriety Checkpoint Yields 16 DUI Arrests (Colorado Springs Gazette)

When the Medical Marijuana Enforcement Division of the Colorado Department of Revenue closed its offices at 11pm on July 29, it marked the official end of the last day to file an application for a state dispensary license.

At the end of the application period, 2,059 license applications were submitted and the state earned more than $7 million in application fees.

These 2,059 applications were broken down into the following categories:

• 717 applications to operate medical marijuana centers/dispensaries
• 271 applications to operate medical marijuana-products businesses
• 1071 applications to operate medical marijuana-growing facilities

It is worth noting that these figures do not include license applications that were postmarked Sunday but arrived later.

Residents of certain Colorado Springs neighborhoods are expressing concern over the rising number of medical marijuana centers in their communities. While some fear that the dispensaries will erode the value of homes and drive away potential homebuyers, others fear that they will attract an unsavory or even criminal element.

According to city records, Colorado Springs had issued more than 230 licenses to operate medical marijuana centers as of July 29. While these dispensaries are located throughout the city, a disproportionate amount appear to be located in certain neighborhoods, including West Colorado Avenue, East Platte Avenue, and zones in and around the University of Colorado at Colorado Springs.

Jim Lamphear, a longtime West Colorado Avenue homeowner who has spent significant time renovating his home and watching the neighborhood flourish, is apprehensive about the impact medical marijuana centers will have on home values and the overall quality of the area.

"Like any business that operates on the fringe of morality, like adult bookstores and topless bars, dispensaries threaten the neighborhood concept," he said.

Daniel Ogden, the Fort Collins man convicted of vehicular homicide for his role in the drunk driving crash that killed 23-year-old Christopher Burnett, was recently sentenced to six years in prison by a judge from the 8th Judicial District.

The incident in question occurred on August 20, 2009, when Burnett's motorcycle hit the back end of Ogden's vehicle as Ogden attempted to make a left turn in front of oncoming traffic.

Ogden's blood alcohol content at the time of his arrest was .195, more than double Colorado's legal limit of .08. He also informed law enforcement officials that he had consumed eight to twelve beers prior to getting behind the wheel.

The six-year prison sentence departed significantly from the recommendations of the pre-sentence investigator who proposed that Ogden be given a 90-day jail sentence and probation.

However, according to Judge Stephen Schapanski, "a non-(department of corrections) sentence would unduly minimize what has occurred here."