Is the Textalyzer Really Coming to Colorado?

Categories: DUI Defense


Colorado Defense Attorney Serving those Accused of  Distracted Driving

You know that there is a breathalyzer that tells law enforcement if you have been drinking. The breathalyzer is used to assess the level of alcohol in your body and determine if you were legally intoxicated while operating a vehicle.

However, one thing that you may not have heard of – but will soon – is the Textalyzer.

Right now, New York is considering the first-time use of a device that lets police officers check drivers’ phones to see if they were distracted at the time of a motor vehicle accident. This tool would help law enforcement develop a better system for determining if the driver was texting or talking, and could possibly deter others from doing the same in the future.

The system was developed by a company working closely with the FBI to help with the San Bernardino shooter’s phone. Now, local law enforcement could use the device to obtain information about distracted driving incidents without accessing other digital information stored on that device.

The founder of the company behind the idea said that when he heard there was no such device, he felt compelled to make one. After all, distracted driving is a growing concern throughout the country, and if more motorists knew there were severe consequences for driving distracted, they might not be as inclined to use their phones.

The Consequences of New York State Follow Through

If the state of New York does implement the Textalyzer, it will become a model of legislation for other states, and Colorado is likely to follow suit. Motorists who do not comply with the texting and driving bans must give up their driver’s licenses, just as those who choose to drink and drive. After all, Colorado and other states have the implied consent rule for drinking and driving.

Colorado already has some of the strictest distracted driving laws, and the state is currently working on adding more to deter drivers from using their phones while operating a vehicle. A driver under the age of 18 could face a fine for a first-time offense and higher fines for each offense thereafter. Adults have similar penalties, but adults are only fined when texting – not when talking on their phone.

The Issue of Distracted Driving

Incidents of drunken driving on declining across the country, particularly since states have enacted harsher penalties for those who repeatedly offend. However, many more individuals are now texting compared to just ten years ago. Already, thousands lose their lives because of texting and driving, or from another form of distracted driving.

Most importantly, no one seems to act against distracted drivers. Most adults put themselves at risk of an accident just by using their phones while behind the wheel. While most assume that teens are the habitual offenders, adults are also guilty of using their phones while driving.

The Textalyzer is Not Here Yet, but the Breathalyzer Still is

While you cannot officially be tested for distracted driving, you can be tested for drunken driving. If you choose to drink and drive, do not allow yourself to become the victim of the harsh penalties enacted by Colorado’s legislature. Instead, contact a DUI attorney by speaking with attorney Mark S. Rubinstein, P.C. today at 970-704-0888. You can also ask him a question online.

Mark Rubinstein

Attorney Mark S. Rubinstein has been practicing law for more than 30 years, including 25 years in Colorado. He founded Mark S. Rubinstein, P.C., in Carbondale after working for law firms in Denver and earlier in his career in San Diego. He focuses his practice in the areas of criminal defense and personal injury representation, and he is well known throughout western Colorado as an effective and unwavering advocate for his clients.