A: Blood alcohol level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test, although blood and urine testing is done in some instances. If the level is found to be at or over .08 here in Colorado, the test results can establish a presumption of impairment.

A: Although the answer can vary by state, in many cases, a refusal is itself a criminal violation subject to stiff penalties. In addition, if the case against you is proven, there may be additional penalties for the refusal, above and beyond those for the drunk driving offense.

A: Some courts allow the defendant in a drunk driving case to challenge the scientific accuracy of Breathalyzer tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.

A: If a person whose license has been revoked or suspended due to drunk driving or any other reasons such as accumulation of points chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including fines and imprisonment. The more prudent course of action is to rely on friends and family for rides or use public transportation.

A: Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. A subsequent clean driving record will result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk. In fact, some companies specialize in offering insurance to drivers who have been convicted of drunk driving, but the rates are much higher.

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A: Drunk driving carries serious penalties. Although the court may go easier on first-time offenders, even in first-offense cases the possible sentences include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less restrictive options, including probation, community service, or alcohol awareness or abuse counseling. For subsequent offenses, the likelihood of imprisonment increases, and in all cases, the loss of driving privileges-at least temporarily-is almost guaranteed.

A: Many drunk driving offenders are forced to rely on public transportation or rides from friends and family for transportation to and from work during periods of license suspension or revocation. In some cases, offenders may be granted a “hardship license, or a restricted license” allowing them to drive just to and from work. However, if an offender is caught driving outside of those strict limitations, further penalties will be imposed.

A: The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend, or don’t drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. Remember, after having a few drinks is not the time to decide whether you are capable of driving. However, if you have been charged with driving under the influence, an experienced drunk driving defense lawyer can work to improve the outcome of your case.

A: Even if you are guilty of drunk driving, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.

In Most States, It’s Illegal To Drive A Car While “Impaired” By The Effects Of Alcohol Or Drugs (Including Prescription Drugs). This Means That There Must Be Enough Alcohol Or Drugs In The Driver’s Body To Prevent Him From Thinking Clearly Or Driving Safely. Many People Reach This Level Well Before They’d Be Considered “Drunk” Or “Stoned.”

Police Typically Use Three Methods Of Determining Whether A Driver Has Had Too Much To Be Driving:

• A Police Officer Will Pull You Over If He Notices That You Are Driving Erratically — Swerving, Speeding, Failing To Stop Or Even Driving Too Slowly. Of Course, You May Have A Good Explanation For Your Driving (Tiredness, For Example), But An Officer Is Unlikely To Buy Your Story If He Smells Alcohol On Your Breath Or Notices Slurred Words Or Unsteady Movements.
• Sobriety Tests.If An Officer Suspects That You Are Under The Influence, He Will Probably Ask You To Get Out Of The Car And Perform A Series Of Balance And Speech Tests, Such As Standing On One Leg, Walking A Straight Line Heel-To-Toe Or Reciting A Line Of Letters Or Numbers. The Officer Will Look Closely At Your Eyes, Checking For Pupil Enlargement Or Constriction, Which Can Be Evidence Of Intoxication. If You Fail These Tests, The Officer May Arrest You Or Ask You To Take A Chemical Test.
• Blood-Alcohol Level.The Amount Of Alcohol In Your Body Is Understood By Measuring The Amount Of Alcohol In Your Blood. This Measurement Can Be Taken Directly, By Drawing A Sample Of Your Blood, Or It Can Be Calculated By Applying A Mathematical Formula To The Amount Of Alcohol In Your Breath Or Urine. Some States Give You A Choice Of Whether To Take A Breath, Blood Or Urine Test — Others Do Not. If You Test At Or Above The Level Of Intoxication For The State Of Colorado (.05 on up % Blood-Alcohol Concentration is a Violation In The State Of Colorado), You Are Presumed To Be Driving Under The Influence Unless You Can Convince A Judge Or Jury That Your Judgment Was Not Impaired And You Were Not Driving Dangerously. Defense Attorneys Often Question The Validity Of The Conversion Formula When Driver’s Alcohol Levels Are Based On Breath Or Urine Tests.

No, But It May Be In Your Best Interests To Take The Test. Many States Will Automatically Suspend Your License For A Year If You Refuse To Take A Chemical Test. And If Your Drunk Driving Case Goes To Trial, The Prosecutor Can Tell The Jury That You Wouldn’t Take The Test, Which May Lead The Jury Members To Conclude That You Refused Because You Were, In Fact, Drunk Or Stoned. In Colorado a refusal itself is an administrative violation.

This is one of the harder questions for a plaintiff’s attorney to answer. Determining the worth of your personal injury claim will depend on the severity of your injuries, the details of the case, insurance limits and the identity of the defendant. A case’s worth is based on five areas, assuming that the liability issue is straightforward. These areas include:

Past medical bills

Future medical bills

Lost wages

Loss of earning capacity

Pain and suffering

There is no blueprint for determining a case’s value; it is based on evidence, such as whether there are discrepancies in the testimony, medical records, or other pieces that may detract from the integrity of the injured party’s case. However, based on our experience with past cases in Colorado, we may be able to estimate the value of your case once we have gathered all medical records and statements and have an idea as to whether the client’s physical and mental state has improved or worsened from the date of injury. The following factors will be considered when determining the amount of compensation owed for your injuries: the severity of your injuries; the details of your accident; your degree of fault; your employment history; your ability to work; and your life expectancy. The manner in which you obtain medical treatment, your lifestyle, and your litigation history will also be considered.

It’s difficult to determine how long it will take to resolve a personal injury lawsuit. Each case is unique; therefore, no general timetable can be established for personal injury cases. A personal injury lawsuit may settle in a few months without the need for a trial, while others can take years to complete.

What questions will be asked during deposition?

Some questions that may be asked during a deposition may include the following:

What types of illnesses and injuries have you suffered from during the course of your life?

Have you previously been involved in any other lawsuits or legal claims (i.e. workers compensation)?

Were there any witnesses to the accident?

Did you file an insurance claim?

What is the nature of your injury?

What is your job history?

How has your injury affected your life?

When was your last treatment?

An attorney can prepare you for a deposition by reviewing documents, such as police reports or medical records, which are related to your personal injury claim. He or she will also prepare you for questions that may be asked during the deposition and will be there during the questioning to assist you.

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At the Law Office of Eduardo Ferszt, we abide by the contingency fee contract, which is approved by the Colorado  Bar. This means that we will only collect if the case is successful. We accept a fixed percentage, typically one-third, of the recovery.

You should speak with a personal injury attorney as soon as possible following your accident. Injury victims only have a short period of time to file a claim. Failure to file within this time period, known as the statute of limitations, can bar the victim from ever recovering compensation for their injuries.

To have a viable personal injury claim, the victim must have been injured from the negligence of another individual or entity. Negligence occurs when an individual fails to exercise a reasonable standard of care for the safety of others. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.

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It depends on your jurisdiction. In a few areas, individuals cannot recover compensation if their negligence partially contributed to their injuries. However, most jurisdictions maintain that victims can still receive compensation if they were partially at fault for their injuries. In these cases, the amount of compensation awarded to the victim may be decreased in accordance with the victim’s degree of negligence.

To determine liability, it’s important to contact a personal injury lawyer to discuss your case. More than one person may be responsible for your injuries. Depending on your type of personal injury, the liability may rest on a hospital, doctor, motor vehicle driver, truck driver, employer or drug manufacturer.

Before signing anything, be sure to contact a personal injury lawyer to ensure your rights are protected. If you sign a release, you may be unable to recover future damages. In some instances, the insurer may offer an early settlement, which may not fully compensate the victim, as he or she may still be unaware of the extent and future costs of their injuries.

Oftentimes, people are lacking insurance coverage, or their PIP benefits have been depleted. When this happens, medical facilities and doctors will sometimes accept a “letter of protection,” which is a document allowing the patient to continue treatment without having to pay for it until a later date. Normally, there is no reimbursement made until the patient reaches a full recovery. It is essential that the client understands that if the case is not resolved in their favor, a letter of protection on file does not warrant them exemption from paying off their medical bills.

Many drivers believe they have full coverage, but are not insured under certain circumstances. There are several different types of insurance coverage, and failing to have a particular one may limit recovery. In many cases, our clients often find that even though they believe they have “full coverage,” they do not have underinsured or uninsured coverage, which will cover you in the event of an accident where the other party cannot pay. Contact your insurance company and discuss what coverage you have, when the coverage is applicable, and, if necessary, hire an attorney if you believe your insurance company is trying to avoid paying a valid claim.

If this is not the case, and you do have full insurance coverage, you may not be satisfactorily compensated because your insurance company wants to minimize payouts. There are often disagreements about specific language in your insurance contract, how much a claim is worth, and whether any other parties are involved who may be responsible. If other insurance or health insurance companies are involved, there may be disagreements over who is responsible for payment. These issues can cause serious delays in compensation.

When you’ve concluded your treatment of an injury with a doctor, we request a final narrative. At this time, the physician has determined that the patient has reached MMI, or maximum medical improvement. This means that the patient has reached a point where they are as healthy as they can be; they may not be in the condition that they were prior to the accident, but their health has stabilized. If that is the case, a doctor may assign the patient a permanent impairment rating according to American Medical Association guidelines. Although it is not necessary to have available during courtroom proceedings, car insurance companies may want access to the permanent impairment rating as part of their case evaluation.

The act of filing legal papers at the courthouse is called filing suit. The client gives the authorization to file suit after all other options have been exhausted during pre-suit. Over the last decade, the insurance industry has stepped up its aggressive defense of these cases, and the number of clients we are undertaking is steadily increasing. When a case is filed with the court, it does not necessarily mean you will be accompanying your lawyer to court. Most cases are able to be resolved before trials begin, but some still reach the courtroom.

We understand that there are many aspects of divorcing in Colorado that may produce anxiety, confusion, or anger, but we work hard to find solutions that let you remain as calm and confident as possible.

Each divorce is unique, but when you know a little bit about what to expect, you are more likely to get more from your time with us and settle your divorce with as little acrimony as possible.

If your are dreading a lot of emotional arguing, let us help. Mediation is an excellent way to avoid an expensive or acrimonious trial, and is often ordered by the Court for that reason.  We can represent one client in a mediation or conduct a mediation between the parties.

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No, but you or your spouse needs to be a Colorado resident for atleast 90 days — even if you live apart.

It can very considerably from a month to several years.  It depends on how many details have already been agreed to, whether there are children or a shared business involved, how much property must be divided, etc. and how readily the parties are to agree on these points.   We recommend you contact us and set up an initial office conference.  This is where the attorney gets an overview of the case at hand, advises you of your options and determines the initial fee retainer amount.

Colorado divorce courts can order temporary and long term child support as well as spousal maintenance, so that your kids receive the care they need while you wait for your divorce to become finalized.  Your attorneys can help you figure out how to position your needs for temporary-support and divorce hearings.

Every situation is unique and no one can guarantee an outcome in court, but the law is designed to accommodate changes in status as in alimony cases.

When minor children are involved, the court considers the children’s best interest above all else.

It is our standard procedure to evaluate the present situation against the foreseeable future and design proposed alimony and child support arrangements so they are reasonable.

We deal with all sorts of property division issues, so this doesn’t have to destroy your financial future.  We may be able to show that the credit card is the responsibility of your spouse, because it isn’t marital debt, or we may be able to show that your spouse did this as a preemptive strike against you.

Bring us your receipts, statements, or other related financial paperwork to develop a solution.

The court looks at the best interest of the children.  If you are hitting your family members, the court may not think your children’s best interests are served by staying with you.

We recommend, outside our capacity as lawyers, that anyone involved in a violent situation remove him- or herself from the home and seek counseling.

If your children are Colorado residents and the other parent objects, the Courts will want to see that the children’s best interests are served. Generally, the Court will weigh their ability to spend time with both parents against the needs of the parents to live where they can earn a living or get assistance from relatives.  We can work out a plan to show the court what your family needs to move forward and stay as healthy and happy as possible.