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Colorado Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Colorado or Court of Appeals of Colorado where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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People v. Gentry - 7/13/1987
JUSTICE ERICKSON delivered the Opinion of the Court. The defendant, Deborah Gentry, was acquitted by a Pueblo County jury of one count of vehicular homicide while under the influence of an intoxicant. See § 18-3-106(1)(b)(I), ...

Unauthorized Practice of Law Committee of Supreme Court of Colorado v. Bodhaine - 6/22/1987
JUSTICE ERICKSON delivered the Opinion of the Court. The Unauthorized Practice of Law Committee of the Colorado Supreme Court (Committee) filed a petition to enjoin respondent Alfred Henry Bodhaine from engaging in acts...

Warman v. Motor Vehicle Division - 6/18/1987
The Department of Revenue (department) appeals from a judgment of the district court reversing the department's revocation of Herschel E. Warman's driver's license. We affirm. At 11:45 p.m. on March 4, 1985, two Westminster...

Nefzger v. Colorado Department of Revenue - 6/15/1987
CHIEF JUSTICE QUINN delivered the Opinion of the Court. Vern T. Nefzger appeals from a district court judgment upholding the revocation of his driver's license, pursuant to section 42-2-122.1(1)(a)(I), 17 C.R.S. (1984), for...

People v. Dandrea - 5/26/1987
JUSTICE KIRSHBAUM delivered the Opinion of the Court. JUSTICE VOLLACK dissents and JUSTICE ROVIRA joins the dissent. In this interlocutory appeal, the People, pursuant to C.A.R. 4.1, challenge an order of the El Paso...

Potier v. Colorado Department of Revenue - 5/21/1987
BABCOCK, J. The Department of Revenue (Department) appeals the district court's judgment reversing the revocation of John A. Potier's driver's license. We reverse. After his arrest for driving under the influence of...

Sheldon v. Colorado Department of Revenue - 4/16/1987
Opinion by JUDGE PIERCE The Department of Revenue appeals the district court judgment reversing the revocation of the driver's license of plaintiff, Phillip Sheldon. We reverse. In October 1984, a D.U.I. (enforcement)...

People v. Revello - 4/13/1987
JUSTICE LOHR delivered the Opinion of the Court. The People appeal from that part of a judgment of the Adams County District Court dismissing a charge against Herman Revello, Jr. (defendant), of driving after revocation...

Barnes v. People - 4/13/1987
JUSTICE ROVIRA delivered the Opinion of the Court. On January 19, 1983, petitioner John R. Barnes was convicted of driving under the influence (DUI), careless driving, and operating a vehicle without an operator's license....

Falbo v. Colorado Department of Revenue - 4/9/1987
The Department of Revenue (Department) appeals from a district court judgment which set aside the Department's order revoking Carl Eugene Falbo's driver's license, and remanded this matter to the Department for a hearing concerning...

People v. Quinonez - 4/6/1987
JUSTICE ROVIRA delivered the Opinion of the Court. We granted certiorari to review two issues considered in People v. Quinonez, 701 P.2d 74 (Colo. App. 1984). The court of appeals held that restitution could not be ordered paid...

Barone v. Colorado - 3/26/1987
HODGES, J. The Department of Revenue (department) appeals the trial court judgment reversing its revocation of Gary Barone's driver's license for operating a motor vehicle when the alcohol level of his breath was in excess of .15...

Cox v. People - 3/16/1987
JUSTICE DUBOFSKY delivered the Opinion of the Court. We granted separate petitions for certiorari to review decisions of the Routt County District Court and the Pueblo County District Court affirming county court rulings that...

O''Rourke v. Motor Vehicle Division - 2/5/1987
Opinion by JUDGE BABCOCK Acting pursuant to the express consent statute, § 42-4-1202, C.R.S. (1984 Repl. Vol. 17), the Department of Revenue revoked the driver's license of Mary Elizabeth O'Rourke. On review, the district court...

McClellan v. Colorado - 11/6/1986
Plaintiff, James Benjamin McClellan, appeals the judgment of the district court affirming an order of the Motor Vehicle Division of the Department of Revenue (Department) revoking his driver's license. We affirm. Plaintiff was...

Gonzales v. Colorado Department of Revenue - 10/23/1986
The Department of Revenue (Department) appeals the district court judgment reinstating the driver's license of plaintiff, Jesse Gonzales. We reverse. The main issue on appeal is. Once plaintiff agreed to submit to a blood test,...

People v. Harper - 10/20/1986
JUSTICE ROVIRA delivered the Opinion of the Court. In this interlocutory appeal, filed pursuant to C.A.R. 4.1, the People challenge the district court's order granting the defendant's motion to suppress the results of a blood...

People v. Pearson - 9/29/1986
JUSTICE KIRSHBAUM delivers the Opinion of the Court. In this interlocutory appeal pursuant to C.A.R. 4.1, the People challenge an order of the Morgan County District Court suppressing a custodial statement made by the...

People v. Wallace - 9/15/1986
JUSTICE VOLLACK delivered the Opinion of the Court. The People filed this interlocutory appeal pursuant to C.A.R. 4.1 seeking to reverse the trial court's ruling suppressing a statement made by the defendant, Chad Ray Wallace....

Forvilly v. Colorado - 9/4/1986
STERNBERG, J. The Department of Revenue appeals from a judgment of the trial court which vacated its order revoking the driver's license of Norman Wilfred Forvilly. We affirm. Forvilly's vehicle was observed weaving from...

Wieder v. People - 6/23/1986
VOLLACK, J., The defendant, Edward A. Wieder, appeals his conviction for second degree assault under section 18-3-203(1)(f), 8 C.R.S. (1978 and 1985 Supp.), and he appeals the use of his prior conviction as a partial basis for...

People v. Archuleta - 6/9/1986
JUSTICE VOLLACK delivered the Opinion of the Court. Following a hearing on a motion to suppress statements made by Edward R. Archuleta, the respondent, during a traffic stop for suspicion of driving under the influence of...

Brewer v. Motor Vehicle Division - 6/9/1986
JUSTICE DUBOFSKY delivered the Opinion of the Court. The plaintiff, Hugh Brewer, appeals from a judgment of the Jefferson County District Court affirming the revocation of his driver's license by the Department of Revenue, Motor...

Leake v. Cain - 6/9/1986
JUSTICE ERICKSON delivered the Opinion of the Court. In this wrongful death action, respondents seek damages for the deaths of their children, who were killed when they were struck by an automobile driven by Ralph Crowe. The...

People v. Hall - 5/29/1986
JUDGE SILVERSTEIN Defendant, Margaret Hall, was found guilty by a jury of vehicular assault while driving under the influence of a drug or intoxicant and while driving recklessly, and of driving while under the influence of...

Ellis v. Charnes - 5/8/1986
BABCOCK, JUDGE Douglas Gordon Roy Ellis (Ellis) appeals the trial court judgment affirming the revocation of his driver's license pursuant to § 42-2-122.1, C.R.S. (1984 Repl. Vol. 17) by the Department of Revenue (department). We...

People v. Bowers - 4/7/1986
CHIEF JUSTICE QUINN delivered the Opinion of the Court. We granted the People's petition for a writ of certiorari to review an order of the District Court of Larimer County, which affirmed an order of the county court suppressing...

Williamsen v. People - 4/6/1986
JUSTICE ERICKSON delivered the Opinion of the Court. The defendant, Harold Williamsen, was convicted by a Boulder County Court jury of driving while under the influence of alcohol (DUI). See § 42-4-1202(1)(a), 17 C.R.S. (1984)....

Fisher v. County Court of City and County of Denver - 3/27/1986
JUDGE SILVERSTEIN Plaintiff, William C. Fisher, appeals the judgment of the district court denying his application under C.R.C.P. 106 (a) (4) for a writ of prohibition against defendant, the County Court of the City and County...

Sommer v. Department of Revenue - 3/3/1986
Per Curiam: David Alan Sommer (appellant) appeals from a judgment upholding the revocation of his driver's license by the Department of Revenue, Division of Motor Vehicles (Department). We affirm the judgment. On June 13,...

Key v. People - 1/31/1986
JUSTICE ERICKSON delivered the Opinion of the Court. Kipling Key, the defendant, was convicted of first-degree murder in the El Paso County District Court. The court of appeals affirmed. People v. Key, 680 P.2d 1313 (Colo. App....

Kirke v. Colorado Department of Revenue - 1/23/1986
METZGER, J. Plaintiff, Thomas Wesley Kirke, appeals a district court judgment affirming the revocation of his driver's license. We reverse and remand with directions that plaintiff's driver's license be reinstated. During...

Kelln v. Colorado Department of Revenue - 1/2/1986
PIERCE, J. Three trial court judgments affirming driver's license revocations by the Department of Revenue have been consolidated for review here. The driver's licenses of Wilbur Wesley Mitchell (Mitchell), Paul Edward Wright...

Harding v. People - 11/12/1985
JUSTICE ERICKSON delivered the Opinion of the Court. The petitioner, Ronald Harding, was convicted of second-degree murder. During his trial in Denver District Court, Harding filed motions seeking "judicial immunity" from...

People v. Doolittle - 11/4/1985
JUSTICE LOHR delivered the Opinion of the Court. The disciplinary prosecutor filed three formal complaints with the Colorado Supreme Court Grievance Committee alleging professional misconduct by the respondent, Garry Owen...

Marek v. Colorado - 10/31/1985
Opinion by JUDGE KELLY Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Department), appeals the trial court judgment which reversed the Department's revocation of the driver's license of plaintiff, Donald...

People v. Bertine - 9/30/1985
JUSTICE ERICKSON delivered the Opinion of the Court. JUSTICE ROVIRA dissents and CHIEF JUSTICE QUINN joins in the dissent. EN BANC The district attorney filed this interlocutory appeal after the district court granted a...

Slaughter v. County Court - 9/12/1985
JUDGE KELLY Petitioner, Jonathan D. Slaughter, appeals the judgment of the district court denying his application for a writ of prohibition pursuant to C.R.C.P. 106(a)(4). We affirm. Petitioner was charged in the...

Miller v. Motor Vehicle Division - 7/25/1985
Opinion by Judge Kelly Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Division), appeals the trial court judgment reversing its revocation of the driving license of plaintiff, Fred Miller. The Division...

Aultman v. Motor Vehicle Division - 7/25/1985
Opinion by JUDGE KELLY Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Division), appeals the trial court judgment which reversed its revocation of the driver's license of plaintiff, Robert Aultman. The...

People v. Deherrera - 3/25/1985
JUSTICE QUINN delivered the Opinion of the Court. The defendant, Richard DeHerrera, appeals his convictions for assault in the second degree, driving under the influence, and leaving the scene of an accident. He challenges the...

Ault v. Department of Revenue - 3/18/1985
JUSTICE DUBOFSKY delivered the Opinion of the Court. The plaintiff, Mark Allen Ault, appeals from an order of the Larimer County District Court affirming a nine month revocation of his driver's license under the "implied consent...

Chonoski v. Colorado - 3/14/1985
Opinion by JUDGE BABCOCK Plaintiff, Glenn L. Chonoski, appeals from an order of the trial court dismissing his complaint. He contends that the trial court erred in refusing to enjoin the defendant, the Department of Revenue...

Mameda v. Colorado Department of Revenue - 2/28/1985
Opinion by JUDGE STERNBERG The primary issue in this appeal is whether a hearing officer, in a proceeding concerning the revocation of a driver's license, can refuse to accept into evidence the result of an independently tested...

Lamb v. County Court - 12/27/1984
Opinion by JUDGE PIERCE Petitioner, Richard John Lamb, appeals the judgment of the district court dismissing his C.R.C.P. 106(a)(4) action against the Grand County Court and Judge Larry L. Petersen. We affirm. This...

People v. Donnelly - 12/10/1984
JUSTICE ROVIRA delivered the Opinion of the Court. Pursuant to C.A.R. 4.1, the People in this interlocutory appeal challenge an order of the district court suppressing statements and the result of the blood alcohol test of the...

People v. Lowe - 9/17/1984
Per Curiam The defendant, Cecil Alvin Lowe, has appealed his conviction for driving while under the influence of intoxicating liquor. Section 42-4-1202(1)(a), 17 C.R.S. (1973). He was fined $150 and sentenced to thirty days in...

People v. Naranjo - 9/10/1984
CHIEF JUSTICE ERICKSON delivered the Opinion of the Court The prosecution has appealed from an order suppressing as evidence a television set seized from the back seat of an automobile which was occupied by burglary defendants,...

People v. Roan - 8/20/1984
JUSTICE NEIGHBORS delivered the Opinion of the Court. The People, pursuant to C.A.R. 21, request a writ prohibiting the respondent judge from reducing the crime with which the defendant is charged from vehicular homicide to...

People v. Sams - 6/18/1984
JUSTICE QUINN delivered the Opinion of the Court. The People, pursuant to section 16-12-102, 8 C.R.S. (1978), appeal the district court's dismissal of a criminal case filed against the defendant, Robert Sams. The judgment of...

People v. Sutherland - 6/4/1984
JUSTICE NEIGHBORS delivered the Opinion of the Court. The defendant appeals the judgment of conviction entered against him by the District Court for Rio Blanco County after a jury found him guilty of three counts of vehicular...

People v. Deadmond - 5/21/1984
JUSTICE KIRSHBAUM delivered the Opinion of the Court. Defendant, Thomas Gene Deadmond, appeals his jury conviction of vehicular homicide under section 18-3-106, 8 C.R.S. (1973 & Supp. 1983). We affirm in part, reverse in...

People v. Black - 4/29/1984
CHIEF JUSTICE ERICKSON delivered the Opinion of the Court. This is an interlocutory appeal pursuant to C.A.R. 4.1. The prosecution asserts that the district court erred in suppressing statements made by the defendant, Bruce R....

People v. Van - 4/23/1984
CHIEF JUSTICE ERICKSON delivered the Opinion of the Court. The defendant, Dao Nhan Van, was convicted of vehicular homicide, section 18-3-106, C.R.S. 1973 (1978 Repl. Vol. 8 & 1983 Cum. Supp.), and appeals his conviction....

People v. Tyler - 3/26/1984
JUSTICE ROVIRA delivered the Opinion of the Court. Four formal complaints were filed with the Supreme Court Grievance Committee, charging the respondent, James Madison Tyler, admitted to practice law in Colorado on September 29,...

People v. Garcia - 3/22/1984
Opinion by JUDGE BERMAN Defendant, Jesus Sarrientos Garcia, appeals his conviction by a jury of the first degree murder of Herman Maestas. We affirm. On April 8, 1981, Herman Maestas failed to attend work and a phone call...

Lovato v. Herrman - 3/15/1984
Opinion by JUDGE KELLY In this case involving a rear-end auto accident, the plaintiff, Victoria Ruth Lovato, appeals the trial court's entry of judgment on the jury's verdict in favor of the defendant, Patricia Herrman. Plaintiff...

People v. Roybal - 12/5/1983
JUSTICE LOHR delivered the Opinion of the Court. The People bring this interlocutory appeal under C.A.R. 4.1 from an order of the Denver District Court suppressing a blood alcohol test from use as evidence in a forthcoming...

People v. Cera - 11/17/1983
Opinion by JUDGE BERMAN Defendant, Thomas Cera, was charged by information with one count of sale of a narcotic drug. He later pled guilty to the charge of obtaining narcotic drugs by fraud, and the first count of sale of a...

De Scala v. Motor Vehicle Division - 6/20/1983
JUSTICE QUINN delivered the opinion of the Court. The appellant, Timothy J. DeScala, appeals a judgment of the Arapahoe County District Court affirming the three month revocation of his driver's license for refusing to submit to...

Corr v. District Court - 4/4/1983
JUSTICE QUINN delivered the opinion of the Court. In this original proceeding petitioner Kenneth J. Corr seeks relief in the nature of prohibition in connection with a felony charge of possession of a marijuana concentrate...

People v. Cook - 3/24/1983
Opinion by JUDGE STERNBERG The defendant, Daryl Lester Cook, appeals his conviction for several drug related offenses, arguing a statement made to the police and certain other evidence should have been suppressed. We agree that...

People v. Lemasters - 2/17/1983
Opinion by JUDGE BERMAN Defendant, Larry LeMasters, appeals a judgment and jury verdict finding him guilty of first degree burglary, second degree burglary, criminal attempt to commit aggravated robbery, second degree assault,...

People v. Annan - 2/3/1983
Opinion by JUDGE COYTE On the basis of alleged errors in the jury instructions and in the admission of rebuttal evidence, defendant, Gary Lester Annan, appeals his conviction for assault in the second degree against a peace...

People ex rel Gallagher v. District Court - 1/10/1983
JUSTICE LOHR delivered the Opinion of the Court In this original proceeding under C.A.R. 21, we issued a rule directing the Arapahoe County District Court to show cause why it should not be prohibited from reducing the charge...

People v. Peterson - 1/10/1983
JUSTICE DUBOFSKY delivered the Opinion of the Court. We granted the People's petition for a writ of certiorari to review the judgment of the Court of Appeals in People v. Peterson, 633 P.2d 1088 (Colo. App. 1981). The Court of...

People v. Roybal - 12/20/1982
JUSTICE LOHR delivered the Opinion of the Court The prosecution brings this interlocutory appeal from an order of the Denver District Court suppressing certain statements made by the defendant from use as evidence in his...

Smith v. Colorado Department of Revenue - 11/26/1982
Opinion by JUDGE PIERCE The district court affirmed the revocation of the driver's license of Gregory Smith. The plaintiff had been previously convicted of operating a vehicle while under the influence of, or impaired by,...

Rogers v. Charnes - 11/26/1982
Opinion by JUDGE PIERCE Plaintiff's driver's license was revoked because she refused to take any chemical tests after she was arrested for driving under the influence of alcohol. On review, the district court affirmed the...

Crocker v. Colorado Department of Revenue - 10/25/1982
JUSTICE LOHR delivered the Opinion of the Court. James D. Crocker appeals from a judgment of the Jefferson County District Court that affirmed an order of a hearing officer of the Colorado Department of Revenue determining that...

Schmidt v. Colorado Department of Revenue - 9/2/1982
Opinion by JUDGE KELLY The Motor Vehicle Division of the Department of Revenue appeals the judgment of the district court remanding the case to the hearing officer with directions to grant a probationary license to William K....

People v. Luna - 7/6/1982
JUSTICE ROVIRA delivered the opinion of the Court. The People seek review by appeal rather than by certiorari of the district court's dismissal of their appeal of a ruling of the county court. For the reasons stated below, we...

People v. Palmer - 5/27/1982
Opinion by JUDGE COYTE Defendant appeals from a jury verdict finding him guilty of the sale of narcotics. We affirm. At trial, defendant admitted that he had sold the drugs to the informant but defended his actions on the...

Beytien v. Reynolds - 5/27/1982
Opinion by JUDGE SMITH The Department of Revenue Motor Vehicle Division appeals a judgment of the district court directing it to grant Gregory William Beytien a probationary driver's license. We affirm. On January 13, 1981,...

People v. Dee - 11/30/1981
Justice Lohr delivered the Opinion of the Court. As the result of a jury trial in Denver County Court, the defendant was convicted of driving under the influence of intoxicating liquor in violation of section 42-4-1202(1)(a), ...

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