Glossary
BAC
BAC stands for "blood alcohol content," or the concentration of alcohol in a person's bloodstream, expressed as a percentage. In Colorado, a person is presumed to be driving while ability impaired at a BAC of .05 and driving under the influence of alcohol with a BAC of .08. DMV penalties related to a person's BAC come into play at the .08 and .17 marks. Mandatory criminal penalties are implicated at a BAC of .20.
Deferred Judgment and Sentence
A deferred judgment and sentence is an agreement with the prosecution that the defendant will plead guilty to one or more of the original or other charges. The guilty plea then "hangs over the defendant's head" for a given period of time, usually with conditions and usually supervised by a probation officer or the prosecutor's office. At the end of the agreed upon term, if the conditions of the deferred judgment and sentence are met, the guilty plea is withdrawn, a conviction never enters and the charges are dismissed, usually without any further effort on the part of the defense. If a violation of the deferred judgment and sentence agreement is alleged, the defendant has a right to a hearing on the alleged violation, and the prosecution must prove the violation occurred by a preponderance of the evidence (i.e., more likely than not). Successful completion of a deferred judgment and sentence generally leaves a client eligible to seal the criminal records related to the case.
Deferred Prosecution
A deferred prosecution is an agreement with the prosecution to put a criminal case "on hold" for a given period of time, usually with conditions and usually supervised by the prosecutor's office or a probation officer. At the end of the agreed upon term, if the conditions of the deferred prosecution are met, the charges are generally dismissed without any further effort on the part of the defense. Deferred prosecution offers are made by prosecutors much less often than other types of offers, including those to deferred judgments and sentences. In a deferred prosecution situation, the defendant can be tried on the original charges in his or her case if the conditions of the deferred prosecution are not met during the agreed upon term. Successful completion of a deferred prosecution generally leaves a client eligible to seal the criminal records related to the case.
Diversion
While the term "diversion" can mean different things in different jurisdictions, diversion in this instance refers to the Boulder County Alcohol Diversion Program. This is an education/intervention program designed to teach first time offenders of underage alcohol possession/consumption the dangers of substance abuse. See http://www.bouldercounty.org/da/alcohol.htm for more information.
DUI per se
The law in Colorado provides for two types of alcohol-related DUI charges—DUI and DUI per se. The DUI charge may take into account both the outward signs of intoxication displayed by a person and BAC of the person, while the DUI per se charge considers only a persons BAC. In short, the DUI per se law provides that it is illegal for a person to have a BAC of .08 or more at the time of driving or within 2 hours thereafter.
Express Consent
The Colorado Express Consent Law generally provides that any person driving a motor vehicle in the state is deemed to have expressed his or her consent to take a chemical test to determine the alcohol or drug content in the person's system when requested to do so by a law enforcement officer having probable cause to believe that the person was driving in violation of the laws against DUI, DWAI and certain other offenses. If requested to take a test, the person must cooperate with the taking of the test such that it can be completed within 2 hours of driving. If the person refuses the test or is deemed to have refused the test through his or her actions, the person is subject to an immediate and lengthy revocation of driving privilege with no opportunity for a probationary driver's license during the period of revocation.
Jail/Ankle Monitor
A sentence to jail can mean many things—"real" jail (as in spending the might in a detention facility) or a jail alternative. While alternative jail programs are available in most, if not all jurisdictions, the specific programs available vary by jurisdiction. Such programs may include day reporting, work crew, work release or an ankle monitor sentence (also known as home detention, electronic home detention or in-home detention). Click on the links below for descriptions of the types of alternative jail programs offered in Boulder and nearby counties or call the numbers listed for more information.
- Boulder: http://www.bouldercounty.org/sheriff/jail/alt_sent.htm; 303.441.4666
- Broomfield: http://www.broomfield.org/police/detention.shtml; 303.438.6400
- Adams: http://www.co.adams.co.us/Sheriff/Jail.html; 303.655.3481/303.655.3480
- Jefferson: http://www.co.jefferson.co.us/sheriff/sheriff_T62_R14.htm; 303.277.0211
- Denver: http://www.denvergov.org/Sheriff/DenverCountyJail/tabid/393650/Default.aspx; 720.913.3600
Interlock
The Interlock is essentially a portable breath testing device attached to a car's ignition system. It prevents a person from starting the car after consuming alcohol. It also requires the driver to submit breath samples at random intervals while driving. If alcohol is detected, the car will stop normal operation. The interlock device records all driving attempts, reports all alcohol levels detected and reports attempts at getting around the device. See http://www.revenue.state.co.us/MV_dir/formspdf/DR%202198.pdf for more information.
Probationary Driver's License
A probationary driver's license (also called a PDL or "red" license) is a license that is available under some circumstances, such as after a first revocation for driving with a BAC at or over .08 or after a points suspension. If granted, a probationary driver's license will be issued for a certain term, be subject to conditions set by statute and/or the hearing officer and be valid for driving only to and from certain places, such as work. See http://www.revenue.state.co.us/mv_dir/wraptext.asp?title=Unknown&incl=faqdc/faqdc16 for more information.
Restorative Justice
There are many different restorative justice ("RJ") programs, and usually several within a given geographical area. Generally speaking, however, RJ programs offer defendants in certain types of criminal cases the opportunity to meet with the named victims and RJ personnel to discuss what led to the filing of charges and repair the harm done. Restorative justice case resolutions may involve community service, victim impact panels, classes, restitution (if any) and/or other sanctions.