The People of the State of Colorado v. Dan Eldon Miller

Summary

The Hearing Board majority held that Respondent’s first misdemeanor DUI violated the professional-conduct rule because his extremely high blood-alcohol concentration, prior history of driving while intoxicated, and resulting risk of serious public harm reflected adversely on his fitness to practice law. It imposed public censure but declined to require monitored sobriety because the evidence did not establish by clear and convincing evidence that monitoring was necessary to prevent future misconduct. Terry Rogers, dissenting, would have found no violation because the isolated DUI was unrelated to Respondent’s professional duties and caused no actual harm.