Tuesday, May 20, 2014

Colorado Fails to Pass DUI Felony Laws


Prior to the end of the legislative session, a state Senate committee failed to pass a proposal to make repeat DUI offenders a felony in Colorado.  The bill proposed that anyone who receives a third DUI in a seven year span, or is charged with a fourth DUI would be charged with a class 4 felony.   The bills’ sponsors, Senators Steve King R-Grand Junction and Mike Johnston D-Denver, stressed that this is an important public safety issue, “I can’t see any reason for us to not stand up for basic public safety here, we keep a law on the books that says if you have eight or nine DUIs, you can still walk after a short stint in jail.  I’m not sure most Coloradans think this is a reasonable solution for a continuous problem.”

The bill had drawn more attention after a repeat DUI offender was caught earlier this year trying to drive away from an accident where a 17 year old was killed.  His blood alcohol limit was approximately four times the legal limit.

The NHTSA estimates that one third of first time convicted drunk drivers repeat their offenses.  Only four states do not have felony DUI laws according to MADD: Colorado, Maryland, Maine, and Pennsylvania.  In 2009, the Denver Post investigated the numbers behind repeat offenders and found that approximately 10,000 drunk drivers are stopped for DUI again.  

The House sponsor of the bill, Mark Waller states, “It’s not that we believe motorists with severe drinking problems who have proven their indifference to the safety of others necessarily pay a lot of attention to potential sanctions.  But they’re not oblivious to punishment, either.  And as Waller notes, having a felony on your record is a definite deterrent. 

Supporters of the bill have voiced their frustration and disappointment that the legislation did not pass.  Many are victims of DUI related accidents, such as Ellie Phipps Oliver who said, “People are dying on our roads all the time.  Don’t get me wrong – I am all for rehabilitation and believe that people make mistakes, but these people are drinking and driving, over and over again.”  Oliver was seriously injured in 2011 by someone who was charged with DUI, and had been charged four times previously.

Those who voted against the bill cited that it was appropriations related, the cost of implementing the bill is not available in the budget.  While this may be true, what is the cost of not passing this legislation to society as a whole?

If you have been injured in an auto accident, you need to speak to an experienced attorney as soon as possible.  Contact The Law Office of Robert Paysinger, P.C. at 303-279-0221 or visit www.paysingerlaw.com to set up a free consultation today!

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