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Posts by Phil Clark

Driving While Under the Influence of Drugs and Marijuana

Driving While Under the Influence of Drugs and Marijuana

By on Dec 21, 2015 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

  Understanding what a DUID is and everything it includes can be confusing. Driving under the influence of drugs is different than driving under the influence of alcohol. However, make sure you know what can happen to you legally once you are suspected of driving after taking drugs. The consequences for a DUID are the same as a DUI and can be just as harsh. In the state of Colorado, using marijuana and getting behind the wheel has the same serious penalties. How to Tell if You’re Under the Influence of Drugs In Colorado, police officers are trained to detect if someone is under the influence of drugs, just as they are with alcohol. Several law enforcement officers have been specifically trained as Drug Recognition Experts. If you are swerving, not stopping properly, speeding, or even driving too slowly, these are reasons for a cop to pull you over. Once the officer has stopped you, there are ways for them to reasonably assume you are under the influence of the marijuana drug. They are trained to identify psychological and behavioral signs that you may present. A few indicators include the size of your pupils and eye movements, your muscle responses, and how you speak when questioned. Marijuana can affect your hand-eye coordination, ability to concentrate, and distance perception changing your reaction time while driving. Being Pulled Over for a DUID After being pulled over and suspected of being under the influence of drugs from consuming marijuana, you will be tested for biological proof. Determining if you are actually on drugs can be trickier than figuring out if you are drunk. In many situations, you will be brought in for testing in a controlled environment. You will be given a chemical test of your blood or a urine test for the presence of drugs. Just as alcohol has a blood alcohol limit, drugs have an impairment level limit of five nanograms of active THC per milliliter of whole blood in the state of Colorado. These are the specifications for driving after you have ingested marijuana in particular, but driving under the influence of any drug is illegal. Penalties of a DUID Once you have been arrested for driving while under...

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What to Do After You Get a DUI

What to Do After You Get a DUI

By on Dec 14, 2015 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

  There are several parts to getting a DUI charge after driving drunk. Depending on the situation and circumstances, the DUI conviction can be minimal or it may become more severe. You need to know what to expect before your DUI hearing, once you are brought to trial, and after your final sentencing to protect yourself. Before a DUI Hearing Getting a DUI starts when you get behind the wheel after you’ve been drinking. If a police officer has reason to pull you over and suspect you have been drinking, they can give you a roadside Breathalyzer Test. If that test comes back with a Blood Alcohol Content Level of a 0.08 percent or above, you will be arrested. Other test options are either a chemical test of your blood after arrest or a urine test. At the time of arrest, your license will be taken away by an officer. Now is time to request a Motor Vehicle Hearing, which needs to be done within 7 days of arrest in the state of Colorado. The hearing will be scheduled within 60 days and you may be granted a temporary license until then depending on the situation. Court and Trial Process If required, a court date will then be scheduled. First is an arraignment, that you may or may not be required to attend depending on the circumstances and if you have an attorney. The arraignment court date will be on your ticket. Next will be a pre-trial conference where your attorney will discuss your case with a District Attorney. This will happen around 6 weeks later and they will bargain a plea for you. This will lead to a trial in court, which will usually include a jury. The trial will be held within 6 months after a plea bargain is done. While in court, the sentencing will be decided on with several factors taken into consideration. This could result in either a misdemeanor or a felony as the worst case scenario. You may also receive a sentencing after your plea bargain, without needing a trial. Consequences after a DUI Convicted Now that a DUI conviction has been decided on from your sentencing, there are several penalties that follow....

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Multiple DUI Arrests & Its Consequences

Multiple DUI Arrests & Its Consequences

By on Nov 19, 2015 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

  If you do find yourself in the situation of a first DUI or multiple DUI convictions, you need to know the consequences ahead of time so you can protect yourself. Being aware of the punishment for each DUI may help you stop Driving Under the Influence of alcohol all together because of their severity. Every time you get an additional DUI charge, the penalties get harsher, ultimately leading to a felony. Consequences After Your First DUI Having only one DUI offense on your record has the lowest level of consequences. You are considered a first time offender and the DUI is classified as a misdemeanor on your record. In most cases, your license will be revoked by the Colorado Department of Revenue. The amount of time your driver’s license could be taken away depends on the situation. Once you are arrested with your first DUI, you need to request a hearing in writing with the DMV within seven days or you will automatically lose your license for nine months to a year depending on the outcome. Other penalties you may face include two years of probation, jail time for up to one year, fines up to $1,500, and community service up to 120 hours, which are all criminal penalties. The lowest level punishment you could receive are administrative penalties with license suspension and 12 points taken off your license. What to Expect with a Second DUI On a second conviction for a DUI, the penalties will begin to get worse. After a first DUI, Colorado law has a 5 year look back period, so the judge has the option to consider you for a felony charge if your second charge happens within that 5 year period, but in most cases, you will receive a misdemeanor charge. There is also no expungement of convictions, so prior DUIs can be seen by the courts, no matter what, even if it has been sealed, it will never be taken off your record. At the second conviction, your license will be revoked for no less than one year, but this can increase dependent on how much time it’s been since your first DUI. Even though every new verdict is treated differently, in...

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Is a DUI a Felony?

Is a DUI a Felony?

By on Oct 27, 2015 in Blog, DUI Blogs | 0 comments

  When you have been drinking and decide to get behind the wheel of a car to drive, there is always the question if you have had too much to drink. If it turns out you have and you are pulled over under suspicion of this, what happens from there can be much worse. Many of us wonder after being charged, if the DUI you have gotten can become a felony charge and the answer is yes. If you have been drinking, it is best to be safe and not drive. However, if you go to court for the charge of a felony DUI, make sure you have the best defense standing behind you to consult you on what a DUI actually is and what this can mean for you. What is a DUI? A DUI stands for ‘Driving Under the Influence’ and it comes with many consequences when charged of this. If you have been drinking, there is a certain amount of alcohol you can drink before you reach a level that is considered too much to drive. When that level is too high, it affects your ability to make sound and delayed judgments, which may cause you to drive unsafely, including swerving or not driving within the speed limit. These are what may get a police officer to pull you over for suspicion of being intoxicated while operating a motor vehicle. Once the police officer pulls you over and feels you are intoxicated, they will have you take a breathalyzer test. This test will give the cop a number, telling them how much alcohol you have running through your system. In all states, currently, if the breathalyzer reads a BAC or Blood Alcohol Content level of 0.08 percent or higher, you will be charged with a DUI. The police officer has the jurisdiction to bring you in and there are several consequences that can come after. How a DUI Becomes a Felony After being pulled over, brought in, and charged with a DUI, there are steps that come after this. You will go through a sentencing process to determine if you will be charged with a misdemeanor or a felony, each resulting in different levels of punishment....

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Myths to Avoid a DUI

Myths to Avoid a DUI

By on Sep 4, 2015 in Blog, DUI Blogs | 0 comments

  Getting charged with a DUI can be one of the worst days in a person’s life, so it is no surprise that people will try anything to avoid this from happening. A DUI can cause all sorts of problems depending on the level of severity. While behind the wheel of a car, your alcohol level should be below .08% which is the legal limit or to be safe, you should be sober. A police officer must have probable cause to pull your vehicle over and once they’ve stopped you, they must have a reason to think you are under the influence of alcohol. This is the point that most try to get out of it in different ways that, in most cases, are a myth. It is nearly impossible to fool an officer that you have not been drinking. It is even harder to fool a breathalyzer test, which is typically performed on the side of the road. Cheating a Breathalyzer Test There are ideas that several of us have to trick a breathalyzer test into lowering our BAC level to be below the legal limit. The BAC indirectly measures the amount of alcohol on one’s breath after blowing into the mouthpiece. There are a few kinds of breathalyzers but the one most likely to be admissible in court is an infrared instrument or evidentiary breath tester. Numerous myths tend to revolve around the idea that you can cover up the evidence of alcohol directly on your breath. One of the most popular, is that drinking mouthwash will help you pass this test by lowering your BAC. However, it only masks the scent of alcohol on your breath, while maybe raising the level because mouthwash contains a small amount of alcohol in it as well. Another myth floating around is the idea of sucking on a penny before taking the test. The infrared instrument measures BAC by passing an infrared light wave through your mouth, measuring the drop in intensity of the light. This actually will prevent the copper in a penny to change the BAC level. Some other myths that will have no effect on the blood alcohol level, is the idea of drinking coffee, or even...

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