Monday, May 20, 2013

General Assembly Returns Fourth Amendment Protection to DUI Stops

Governor Hickenlooper has signed into law HB13-1077, discussed below, which restores the 4th Amendment protection against unreasonable searches/seizures in DUI Express Consent driver's license revocation cases.  Last year, the Colorado Court of Appeals ruled that officers did not have to have reasonable suspicion to stop automobiles in cases involving DUI Express Consent license revocations.  The law is now clear that, in addition to other legal grounds, drivers accused of either driving with excessive alcohol content (.08 or greater) or refusing testing can challenge at a DMV hearing the Constitutional basis for the stopping an contacting of the driver by law enforcement.

This law establishes just one reason why experienced legal counsel is important in exploring all of your options in dealing with a DUI charge.

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