Douglas County, CO- A Colorado woman is in serious trouble after getting not one, not two, but three DUIs in the span of one week. Getting one DUI is a huge mistake, but getting three DUIs in one week is either very bad luck or just downright stupid. You decide.
On May 13th, 40 year-old Kimberly Micheloni, 40, was stopped and arrested for driving under the influence. Police added a child abuse charge because Micheloni was driving with her 14 year-old daughter in the car. For most people, a DUI with a child-abuse charge would be enough to stop them from driving under the influence again or at least for a while, but not Micheloni.
Just a day after her first arrest, Micheloni was slapped with a DUI for the second time. She kept her nose clean for a total of six days before she was slapped with her third DUI on May 20th. This time her charges included driving under the influence, careless driving and two contempt of court charges, 9 News reported.
Micheloni spoke with 9NEWs from jail and explained that she had been taking prescription drugs per her doctor’s orders, though she didn’t say what drug she had been taking. She admitted to making a mistake and apologized for the fact that she could have put herself, her daughter and others in danger.
She is currently being held in the Douglas County Jail on $250,000 bond. Fortunately for Micheloni, Colorado legislators recently defeated a bill which would make repeat DUI offenses a felony.
Most prescription drugs warn the user they shouldn’t drive if it will cause impairment. Even a drug is legally prescribed to a person it is still illegal to drive while impaired and carries the same penalties as driving under the influence of illegal drugs or alcohol. In Colorado, a DUI can mean fines up to a $1,000, a suspended driver’s license and jail time.
What works in a DUI-drugs offender’s favor is the fact that standards for proving a driver is impaired have not been clearly established. For alcohol, Colorado law states that a driver is impaired if their blood alcohol content is .08 or above. But such a standard doesn’t exist for most drugs, excluding marijuana—the state recently established that 5 Nanograms of THC per milliliter of blood was enough to charge a driver with DUI. Standards don’t exist for other common prescription drugs people take like Xanax, Ambien and Vicodin, to name a few.
Having a prescription for a drug is not a valid defense, however a DUI attorney can challenge their client’s charges by questioning the state’s proof of intoxication. The prosecution can present testimony from the arresting but many times officer observations alone may not be enough to secure a DUI conviction, since the law has yet to establish exactly what amount of prescription drugs in person’s system constitutes impairment.