The Process of a DUI

Here's my final attempt to keep you from drinking and driving this New Year's Eve.  If you haven't believed what I have written about how "you can't hide your drinking" from a police officer maybe you will drink responsibly learning what the process of getting a DUI is:

I wish I could take credit for what you are about to read but Lawyershop said it better than I could have so this information was taken directly from their website and put in an easier to read format.

Traffic Stop

The first stage of a DUI arrest is the traffic stop. You can be stopped if your driving is dangerous or erratic. Police will try to gather DUI evidence against you during the traffic stop, which is why you should politely decline to answer any questions until you have spoken to your DUI attorney.

Blood Alcohol Limits

Blood alcohol concentration, or BAC, is an objective measure of how much alcohol is present in the body. BAC is considered a fair measure for everyone because it is expressed as a percentage, not a standard quantity. Someone with a BAC of 0.08 has alcohol making up eight-tenths of one percent of his or her blood, regardless of his or her size or weight. Different people can drink different amounts and still have the same BAC. Find more information about BAC and the laws in your state at the Insurance Institute for Highway Safety's website.

Arrest

A drunk driving arrest may be made at the traffic stop if the law enforcement officer believes there is probable cause. Although you do not have to answer questions until you speak to an attorney, you should cooperate and comply with the arresting officer. In most cases, attorneys recommend that you do undergo chemical DUI testing. Resisting arrest may bring additional charges.

DUI-Related Crimes

Intoxicated drivers may be charged with additional crimes for the same incident, such as child endangerment if a child is in the vehicle, reckless driving, or even vehicular manslaughter. Depending on the evidence found at the scene, as well as the results of DUI tests, charges may be filed against you.

Booking

Booking is the process of recording the arrest at the law enforcement station. If arrested for DUI, you will fingerprinted, photographed, searched, and asked to answer questions. Remember you do have rights in a DUI case - you should politely decline to answer questions until you speak to a lawyer. In many cases you may be released after booking.
Preliminary Hearing

A preliminary hearing is held in some DUI cases so a judge can determine if there is enough evidence or probable cause to uphold the charges. If so, the case will then be scheduled for trial. Your DUI lawyer should represent you at a preliminary hearing.

Trial

Depending on the laws of your state and the nature of the charges against you, your DUI case may go to a jury trial. At the trial, the prosecution and your DUI attorney will present information to the judge and the jury. You should hire an experienced DUI attorney to handle a jury trial.

Sentencing

Sentencing is when the judge or jury reveals the verdict of the trial and announces any DUI punishments. In most cases, sentencing immediately follows the verdict. Your experienced DUI lawyer can help you understand the sentencing of your case and may be able to file an appeal.

License Revocation

License revocation or suspension is independent of criminal charges. If a person refuses to take a BAC test or fails it, they may face license suspension beginning at the time of arrest. Additional penalties may be imposed if the person is convicted in a criminal court, including fines, jail or prison time, probation, or community service. The person may also be ordered to participate in a drug or alcohol treatment program.

Licensing action is not always handled in a formal trial. In some DUI cases, state agencies review the evidence, allow the offender an opportunity to contest any action, and issue an order themselves. One type of action is suspension, which merely invalidates the license for a period of days, months, or even years. The other possible action is revocation, which actually strips the driver of driving privileges and forces him or her to retest for a license when eligibility has been restored. The District of Columbia and the state of New Jersey carry the strictest mandatory licensing policies for first-time DUI offenders: a revocation of six months. Both Alaska and New Jersey have the stiffest license penalty for a third offense, with a mandatory ten-year revocation.

Fines

Another common punishment in DUI cases is a monetary fine. Fines can cost in the hundreds and thousands depending on existing evidence in the drunk driving case and prior convictions.
Imprisonment

Imprisonment is another DUI penalty that is commonly leveled for DUI cases. Imprisonment is determined through a court trial. Many states have mandatory minimum jail term sentences that can be as much as 72 hours for a first time offense and as much as one year for a third offense. However, the term for a first offense can be increased to months or years, depending on the circumstances. Community service can sometimes serve as a substitute for jail time.
Factors that Play into DUI Sentencing

DUI punishments can vary depending on the circumstances of the case. Here are some factors that are considered in DUI cases:

• Prior DUI convictions
• Speed at the time of the DUI arrest
• Reckless driving prior to stop
• The presence of young children in the car at the time
• Level of BAC over the legal limit
• Refusal to take chemical DUI tests
• Local policy
• The DUI laws in the state in which the arrest took place
• Zero Tolerance

Under zero tolerance laws, individuals under age 21 can have their license suspended for one year if they are found with even a small amount of alcohol in their system. If a person under age twenty-one is found to be over the legal limit of 0.08 percent, he or she can be arrested and convicted of drunk driving. Minors who receive DUI convictions may be sentenced as adults, but if given detention, they will spend it in a juvenile facility.

Have more questions:  Click HERE for Lawyershop's FAQ.  I hope you have learned about the dangers of drinking and driving.  I want to thank the author of this blog on Lawyershop for the wonderful information they provided.

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Pueblo Office: 113 W. 12th Street  (Map it)
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Please click HERE to read previous blogs about this subject

Signs of DUI after you are stopped

I'm on a campaign this week to keep people from drinking and driving.  Many think they can "get away" with it...and let's be honest; most of us have gotten away with it.  I'm here to tell you it goes beyond "getting away with it."  It is about SAVING LIVES; whether it is yours or someone else's.  

TOO MANY LIVES ARE LOST AT THE HANDS OF DRUNK DRIVERS!!!!!

I am writing about what signs are a give away to police officers after you are pulled over NOT to give you a heads up but to let you know you can't "deceive" the officers.  If I thought this would help people drink, drive and get away with it I would never put these out there...but let's be honest...a drunk cannot control what they do, not do, say, not say, etc. otherwise they wouldn't be a danger on the road!

Psychological Reactions:

• Bloodshot, red, watery and/or drowsy eyes
• Red of flushed face
• Uncontrollable eye movement

About the body:

• Difficulty exiting the car
• Fumbling or inability to find proper paperwork; driver's license/registration/proof of insurance
• Swaying, instability or balance problems
• Leaning on object (vehicle or other person) for support; difficult standing
• Staggering
• Difficulty in operating vehicle controls; window, locks, door handles, etc.

Your appearance:

• Clothing wrinkled, soiled, disheveled, stained
• Odor of alcohol on person or in vehicle

Your behavior:

• Repeating questions or comments
• Slurred or slow speech
• Inappropriate Laughter
• Irrational phrases and sentences
• Slow or unable to answer officers questions
• Provide incorrect answers to questions
• Unresponsiveness to questions asked
• Nervous
• Disrespectful
• Argumentative
• Combative

Before you drink and get behind the wheel of a vehicle....ask yourself this:  Would I want my child, spouse, parent, etc. to be on the road with someone who is in my condition?  And do me a favor...ask yourself this question BEFORE you start drinking.  BEFORE you leave the house.  Make arrangements for a ride home if you plan on drinking.

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Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Please click HERE to read previous blogs about this subject

Suspected DUI and how they can tell

I'm going to start off by explaining that this information comes from a very good friend who was a DUI police officer so trust this information.

I was very fortunate to participate in a DUI training class.  At the time (which they no longer do) they would bring a group of us in a controlled environment and serve us alcohol.  They recorded how much we drank and the time we drank it.  I have written about this before so some of this may be a repeat but there is additional information here.



A few things I learned in this class:

• Newer police officers will tend to lean towards a DUI roadside test before a veteran police officer will.
• Newer police officers will suspect you are Driving Under the Influence more than a veteran police officer will.

With this being said here is the problem:  You won't know if they are new to the force or if they are veterans until it is too late.  

More learned in this class:

• You cannot fool a veteran cop.  I cannot even fool my friend over the phone!  He knows just by my voice about how much I have had to drink.  I had one glass of wine and he called...and within 60 seconds he knew I had been drinking.
• It doesn't matter how well YOU think you are doing...they know.  Remember the last time you were the sober one with drunks....it's obvious.  Remember; the police officers are sober....and you, well, you are not.
• All the breath mints and eye drops will not stop a police officer "reading" your eyes.  Yes you can pop a breath mint and maybe cover the smell of alcohol on your breath (and don't believe the myth about some alcohols don't have an odor....really?)  You maybe able to get rid of the blood shot eyes by using Visine ® but your eyes will always give you away!!!
• Body language is another "non-verbal" tale if you have been drinking.  If you don't believe me watch your friend before they drink and after they have been drinking for awhile.  

What your eyes will tell the police officer that you have been drinking:

• Ever wonder why the police officer shines a light into your eyes when they approach you? Physiologically your eyes will react when you have been drinking:  Slow pupil reactions: Alcohol tends to affect the speed at which your iris constricts and dilates. A driver that has been drinking alcohol cannot adapt as quickly to oncoming headlights.
• Road side when they ask you to follow their finger:  Decreased peripheral vision: Drinking alcohol has also been shown to decrease the sensitivity of your peripheral vision. This may give you the effect or perception of having tunnel vision.

New Year's Eve is less than a week away.  BEFORE deciding you can drink and drive please know that although not every drunk driver is caught...THINK ABOUT THE LIVES YOU WILL SAVE!  Click HERE to find out about FREE rides home in your neighborhood.

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Pueblo Office: 113 W. 12th Street  (Map it)
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FREE rides this New Year's Eve for Colorado

It is a time to celebrate....I mean we lived through the "End of the World," right?  If you don't drink alcohol than you will be asked to be the designated driver.  What happens if you do drink and so do your friends?  Here are a list of ways to can arrive home safe this 2012-13 New Years Eve Party:





In Pueblo:

Nothing "big" like Colorado Springs BUT:

Jimmy's Tavern located out in Pueblo West is offering FREE pick up and drop off for their Pueblo West Patrons!  They are located at 324 S. McCulloch Blvd.  You can call the at 647-1442 to schedule your time!

In Colorado Springs, Fort Collins, Greeley and Denver: (Fox 31 News)

"This New Year’s Eve, CDOT is once again partnering with MillerCoors and RTD which are offering alternative transportation options to Colorado drivers along the Front Range. MillerCoors is offering $10 cab vouchers at select bars and restaurants in Colorado Springs, Fort Collins, Greeley and Loveland. In the Denver area, MillerCoors is encouraging people to call 1-800-TAXICAB, a national taxi dispatch service which helps locate the nearest cab company to you."

"In addition to cab vouchers, MillerCoors and RTD are providing free transit rides on New Year’s Eve in the Denver metro area. The free rides start at 7 p.m. on New Year’s Eve and run through 6 a.m. on New Year’s Day. Although the rides will be free, scheduled service hours are not extended."

You can click HERE for more details about rides home.

Great job to the above businesses!!!  Thank you for helping keep our roads safe!!

If you know of other FREE rides please comment here so we can get the word out!

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Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The Christmas Stocking

The Christmas Stocking

(Author Unknown)

The stockings were hung by the chimney with care
In hopes that Saint Nicholas soon would be there.

There was a kindly nobleman whose wife had died of an illness leaving the nobleman and his three daughters in despair. After losing all his money in useless and bad inventions the family had to move into a peasant's cottage, where the daughters did their own cooking, sewing and cleaning.
The next morning when the daughters awoke they found their stockings contained enough gold for them to get married. The nobleman was able to see his three daughters marry and he lived a long and happy life.

Children all over the world continue the tradition of hanging Christmas stockings. In some countries children have similar customs, in France the children place their shoes by the fireplace, a tradition dating back to when children wore wooden peasant shoes.
In Holland the children fill their shoes with hay and a carrot for the horse of Sintirklass. In Hungary children shine their shoes before putting them near the door or a window sill.
Italian children leave their shoes out the night before Epiphany, January 5, for La Befana the good witch. And in Puerto Rico children put greens and flowers in small boxes and place them under their beds for the camels of the Three Kings.

When it came time for the daughters to marry, the father became even more depressed as his daughters could not marry without dowries, money and property given to the new husband's family.One night after the daughters had washed out their clothing they hung their stockings over the fireplace to dry. That night Saint Nicholas, knowing the despair of the father, stopped by the nobleman's house. Looking in the window Saint Nicholas saw that the family had gone to bed. He also noticed the daughters stockings. Inspiration struck Saint Nicholas and he took three small bags of gold from his pouch and threw them one by one down the chimney and they landed in the stockings.

Merry Christmas!!

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Pueblo Office: 113 W. 12th Street  (Map it)
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Herniated disc injuries

You are in a car accident.  Everything seems okay, no serious injuries.  You exchange information and file a police report.  You obtain temporary transportation and schedule for you car to get fixed.  
You wake up the next morning and you are stiff and sore.  Okay, you were in a car accident, it's to be expected.  Two weeks later....you can barely move.  What the heck?

You go to the Doctor and x-rays are taken.  You are now experiencing "tingling" or "numbness" in your fingers or hands.  

This is my story:

Pictured borrowed and owned by:  Laser Spine Institute

I thought I was fine until the pain happened two weeks later.  I couldn't adjust to the tingling in my fingers one day and the numbness the next.  After MONTHS of treatment I was sent for a MRI only to discover that I had an extruded herniated disc at C5/C6 and C6/C7.  It was explained to me in very technical terms which of course went over my head.  What I did learn and what I finally understood was this:  The "gel" that cushions the discs in my neck was extruding out and pushing on the nerves which caused my neck and arm pain plus the tingling or numbness sensation.  I went through months of pain and discomfort for something that could have been discovered much earlier had I know what I should have done.

I should have:

• Hired an Attorney IMMEDIATELY even though I was not "hurt" at first.

Pictured borrowed and owned by:  Laser Spine Institute 

Here's the thing:  Did you know that Personal Injury Attorneys KNOW what tests should be done?  

Remember that your Personal Injury Attorney wants you better!!!  

I waited too long because I was not hurt.  I waited too long after the discovery I was hurt because I was trying to get better.

If there is one thing each and every person should know it is this:

IF YOU ARE EVER IN A CAR ACCIDENT CONTACT A PERSONAL INJURY ATTORNEY!!

Personal Injury Attorneys are very familiar with common injuries from car accidents.  They work closely with your Doctor.  

I lost a lot of precious time not hiring an Attorney immediately.  I spent a lot of time being treated for the wrong thing.  Don't let this happen to you.

If you are in Colorado and are involved in a car accident I highly recommend Carol Zeisler!   

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Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The chaos about the Apocalypse

I'm not going to talk about the "End of the World" or the "Apocalypse" or any calendar or writings that lead up to December 21, 2012.  What I want to talk about is the chaos that these types of "predictions" bring.


People have heard about the end of the world, or apocalypse, for many years but it hasn't been until recently that it "sunk in" to many.


Let's look at what these kind of predictions cause us:

• Spend money that we don't have on extra food, shelter and guns.
• People see the end of the world and decide to end their lives before it happens
• People see the end of the world and decide that they are going to have a mass suicide so they can avoid the doom of the day.
• People see the end of the world and go on a killing spree to "save" the world.

These kind of predictions are dangerous.  They lead to thoughts of doom, destruction and despair...which, honestly, we've had enough of the last ten years.

Instead of thinking this "may" be the Apocalypse and spending time with loved ones people spent time preparing for it so they could survive.  Stores are robbed, people are robbed and killed...all because we took 21st "thinking" on understanding 16th Century drawings and writings.  We can all interpret anything old (before knowledge of our solar system) and use our knowledge of it to decipher whatever we want it to say.  We claim that we have discovered the "secrets" of what they meant.  

Let's look at this in a perspective that we will all understand:  Back in the day, horse and carriage day, when men drank they drove.  If someone back then would have written down, "Don't drink and drive" your horse drawn carriage....our thoughts today would be "wow they knew we would no longer use horse and buggy....they knew we would have automobiles and they were warning us not to drink and drive."  When in all actuality they probably wrote "don't drink and drive" your carriage because that person hurt his horse because he was drunk while riding in his buggy.  No future thoughts of tires, engines, gas pedals, steering wheels, etc....just don't hurt your horse.  But we have to read more into it....that person KNEW something and he was warning us FIVE century's later of our impending doom.

What scares me is the rush to get the last minute supplies and the danger these people become. Fights break out over a toy this time of year....imagine the thoughts running through people's heads about canned food and dying.

We need to be more responsible in our "predictions" and take into account there are many who will believe anything they see on television.

I looked at it this way...if it was true...nothing I could do to stop it.  If it was true I didn't want three months of food just to starve four months later OR have someone kill me for it.

We have reached "THE DAY" and survived.  Let's get back to what the holidays are supposed to be about...and that is family, love, kindness and, hopefully, doing something for someone who is less fortunate.

Merry Christmas and hoping everyone has a wonderful and safe holiday!

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Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Snow and Ice are a dangerous combination when driving

Time to review your snow and ice skills for driving.  Please take the time to read and Please Drive Safe!

Click HERE and enjoy some music while reading.  
It looks like we are in for some long snowy days...and right before Christmas.  I have brought these tips to you before but I wanted to share them again.  If you can stay home, please do.  If you can't please drive safe!

• You don't have a garage and your car is parked outside at night.  It snows.  Ready for this odd tip:  Turn your temperature to hot, turn on your air conditioner (fresh air option) and set it on defrost.  This will help remove any condensation from the interior of your windshield.
• Remove snow from your head and taillights.  Those are there for your safety and they won't help you if they are covered with snow.

You are driving on ice:

• For those of use who grew up with antilock breaks we learned to pump our breaks.  Now cars do it for us.  When you are sliding and you press your antilock breaks you will feel the brake system pump for you.  This only works if you "stomp" on the break and gradually ease up on the break.
• The dreaded "black ice."  Keep this in mind:  if it looks slick chances are it probably is.  It is better to be prepared for black ice and not have it than have it and not be ready.
• Know where you are driving.  You drive to work, school, store all the time.  Pay attention.  Know where the areas on these roads tend to be worse than others and avoid those areas. 
• If you do start to slide do not overturn.  Remember if you are sliding your tires do not have control so over turning will just face the car into the direction the tires are facing....which in a panic situation could be oncoming traffic.  Stay calm and don't overturn.  Slowly turn your wheels in the direction in which you want to go.
• If you have a four wheel drive....understand that your four wheel drive is no safer on the ice than any other vehicle.  Think about it...you slide because your tires do not have control.  All wheel drive, four wheel drive will often give the driver a sense of "security" which will often lead to an accident.

I know you don't want to think about icy roads, snow and what winter brings.  But every vechicle has someone in there that is loved.  When each of us drives safely than we are doing our part to keep loved ones with us.

Do you have any driving tips for ice and snow you would like to share?

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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

How to be a good designated driver

Let me assure you there is plenty of ways to be included in the fun (and a few things you can do to create some fun yourself).  Being the designated driver is an important role.  The more prepared you are the better the evening will be...not to mention the more fun you will have.





Be prepared:  There is nothing worse than driving a really drunk person home.  I suggest you have food in your car that will help soak up some alcohol on your ride.  PB sandwiches (no jelly) are good as they don't "drip" on your seats and it will help fill them up.

Take a notebook with you and assign each person a page.  I love to have them sign their name on the first line before they start drinking.  Each time they finish a drink you write what their drink was and have them sign next to it.  You can have a contest on the most legible signature at the end of the night....and let's be honest we love Facebook and can "post" their sheets the next day.  Make sure the bartender/waitstaff/customer takes a group picture BEFORE the drinking begins.

Go to the dollar store and buy a crazy hat or button.  When one has a "drunk moment" (we all know what those are....falling of the chair, falling into a wall, etc.) they have to wear the hat or button until the next "drunk moment."  Don't forget the picture of this.

If you have a great group of people have each person give you $20.00 before the beginning of the night.  The one with the worst signature has to tip the bartender/waitstaff their whole $20.00 and the rest tip $5.00 of their $20.00.  Depending on your group you can either return the remainder to the "non losers" of the signature game or, if everyone agrees, you can keep that as your tip.  

If you feel like you are out of place drinking soda?  Order a non-alcoholic beer or drink.  If your group likes to drink shots (this gets fun with the notebook) have a shot with them....just do it with water, soda or orange juice.

As the designated driver it is your responsibility to keep everyone safe....and of course it is your obligation to take pictures and/or video of the night.  (only do this if you are the type of friend who will respect their privacy and only show them...unless they say you can post it on Facebook).  I have several videos of a friend who rarely drinks but "cut loose" one night at Jimmy's Tavern.  I love to "show" it at friend events to prove he actually does let go and have fun at times.  Of course I have never sent it to anyone, post in on Facebook, or allow anyone to hold my phone when viewing.  You will only remain friends if you are first a friend....but there are no rules that say you can't embarrass them in small groups.  Ask the bartender/waitstaff to take an "end of the night" picture for your notebook.

The next day:  You now have pictures and signatures.....create a memory book of the night out.  If you have a great group of people you can have proof of your memories of that night out.

Now, being the designated driver doesn't seem so bad does it.

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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Designated driver or DUI...it's your choice

How many drinks would it take to be considered drunk?  Too drunk to drive?  Have you ever wondered....okay have you ever wondered this BEFORE you started drinking and not after?

Okay, one (1) drink per hour is a safe calculation.....it's too hot after that long.



Here is a calculator that tells you (estimate) what your BAC (Blood Alcohol Count) would be after so many drinks in so many hours.....COOL!! BUT.....I just learned that if I have four (4) beers at 6% alcohol in 2 1/12 hours oops DUI.  This shocked me because when I have four (4) beers at 6% alcohol in 2 1/2 hours I FEEL FINE....I guess that's where the impairment comes in huh?

So here's the thing.  No one wants you to drive drunk or impaired....even bar owners.  If you aren't safe you won't return, am I right?  It used to be called a $10,000 DUI...well those days are over because the with the increase of insurance, legal fees, fines, bail it could be up to $25,000 when you are finished.....that is $6250.00 PER BEER I just had.  MSN has a breakdown of most fees that may be incurred with a DUI. (MSN Money arrive alive).

I am going to use this calculator to determine what I can safely have BEFORE I get to the bar if I am driving.

It is important that if you are going to be drinking please do not drive.  Get a designated driver, call a cab or call a friend (hopefully not the friend who was sitting next to you drinking with you).  I am going to have to call someone or have a designated driver as the calculator says I am allowed two (2) beers at 6% alcohol in a 2 1/2 hour time span.

If you do not "trust yourself" to make the right decision hand your keys over when you get there....let the sober one who KNOWS how much you have had to drink decided if you should be driving.  

There is one big thing about the holidays....all of the holiday parties and celebrations.  There is also another big part of the holidays...how many people are involved in car accidents because of alcohol.  If each of us would just drink responsibly imagine how many lives would be saved.  There are enough things out there that kill people....drinking and driving should not be one of them.   

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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Facts about drinking alcohol

Drinking and driving has never been a good idea; people are seriously injured or die because of this. We have lost too many lives to drinking and driving.  Here are some facts about drinking.



I hope you read and understand because time is the only thing that will sober you up! 

The average person metabolizes alcohol at the rate of about one drink per hour. Only time will sober a person up. Drinking strong coffee, exercising or taking a cold shower will not help.   (Michigan State University. “Basic Alcohol Information.” East Lansing, MI: Michigan State University, 2003.)

The speed of alcohol absorption affects the rate at which one becomes drunk. Unlike foods, alcohol does not have to be slowly digested. As a person drinks faster than the alcohol can be eliminated, the drug accumulates in the body, resulting in higher and higher levels of alcohol in the blood. (Narcotic Educational Foundation of America. “Alcohol: A Potent Drug.” Santa Clarita, CA: Narcotic Educational Foundation of America, 2002.)

The average person metabolizes alcohol at the rate of about one drink per hour. Only time will sober a person up. Drinking strong coffee, exercising or taking a cold shower will not help.  (Michigan State University. “Basic Alcohol Information.” East Lansing, MI: Michigan State University, 2003.)

Remember:  sobering up takes TIME!!!  Coffee does not work.  If you are a designated driver please do not think you can have a "few" and switch to coffee.  Here are the dangers of thinking coffee can sober you up:

The dangers of this:  It makes you more alert so you will think you are sober and able to drive.  As the Mayo Clinic states:

"Coffee's about as helpful as a cold shower or a brisk walk in sobering you up. That is, it's not helpful at all!"

According to Bill Hendrick (WebMD Health News): Gulping down coffee won’t sober you up if you’re drunk, but it may make you awake enough to be dangerous, new research suggests.

Researchers draw that conclusion from laboratory experiments on mice, in which caffeine made drunken rodents more alert but didn't reverse learning problems caused by alcohol. Their study is published in the journal Behavioral Neuroscience.

“The myth about coffee’s sobering powers is particularly important to debunk because the co-use of caffeine and alcohol could actually lead to poor decisions with disastrous outcomes,” Thomas Gould, PhD, of Temple University and one of the study authors, says in a news release. “People who have consumed only alcohol, who feel tired and intoxicated, may be more likely to acknowledge that they are drunk.”
Gould tells WebMD in an email that "coffee may reduce the sedative effects of alcohol, which could give the false impression that people are not as intoxicated as they really are."

So what does sober you up?  TIME and of course stop drinking.  Remember what we see in the movies isn't real.  Be safe when you are drinking, be safe when you are driving and never combine the two.

Adults drank too much and got behind the wheel about 112 million times in 2010 - that is almost 300,000 incidents of drinking and driving each day.  (Centers for Disease Control and Prevention, October 2011)

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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

When someone dies from a car accident

No one wants to be in a car accident.  No one leaves their home looking to be in a car accident.  No one expects to be in a car accident.

The truth is one person dies in a car accident every 13 minutes!  (Car-Accident.com).  

I have written about the stress that comes with being involved in a car accident.  I have written about what to do after a car accident.


What do you do if someone you love dies in a car accident?  According to Carol Zeisler, Zeisler & Associates, Attorneys at Law, PC wrongful death claims are one of the hardest for her clients to go through.  Not only are you dealing with the pain of the loss of a loved one but you are dealing with the stress of the Insurance Company's denial of responsibility. As if the grieving of a loved one isn't hard enough let's add insult to injury by fighting for the security of your family's financial future!

In wrongful death claims it is essential that you have an Attorney to fight for your rights!  While every State is different in the process there is one common thread:  The Statutes of Limitations.   These Statutes allow you only a certain amount of time to file a wrongful death claim which is why it is, all the more important, to contact an experienced Attorney to start the process as soon as possible.  A great Attorney will take your case and move forward with it allowing you time to grieve.

Here are some things you can do and should know if you ever find yourself in this situation:

1. Secure your records:  In the grieving process some things are often misplaced or lost.  Secure all records of anything pertinent to the accident and your claim as soon as you receive them.  
2. Police reports:  Often times a police report will be incorrect because the deceased cannot give their version of what happened.  An experienced wrongful death Attorney understands this and can get the truth behind the police report.
3. The reaction of the Insurance Company:  Because wrongful death claims are serious and often end with a large amount of money being paid to the family they will Deny, Delay and Defend again these claims.
4. One way to disclaim the police report and fight the Insurance Companies is to do an accident recreation.  An experienced Personal Injury Attorney will hire an expert to recreate the accident to review all the documentation and come up with their own determination of how the accident occurred.
5. Witness statements:  One of the hardest things to fight the Insurance Companies is the witness statements if they are taken too long after the accident as memories fade with time.  Hiring a Personal Injury Attorney who is experienced in wrongful death claims will understand this and secure witness statements quickly but they can only be as quick as you are to hire them.

If you have ever lost a loved one, whether it's due to a car accident or not, you understand the grieving process.  It is difficult to function when you are dealing with the loss of a loved one so hiring a Personal Injury Attorney as soon as possible will help you cope with the loss while not losing valuable time.  

There are so many facets of a wrongful death claim that only an experienced Attorney can help you with.  Find an Attorney who is compassionate  to your needs and grieving process and will fight for your rights because your financial future depends on it.

The information provided here is not to be construed as legal advice.  Please consult an Attorney if you have any questions.  General questions about Colorado Personal Injury can be asked here and Carol Zeisler will gladly assist you in the proper direction for your situation

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)