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DUI Do’s and Don’ts

DUI Do’s and Don’ts

By on Apr 17, 2017 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Steps to Take when Pulled over for DUI 1. Find a safe place to pull over. Remember that, as soon as the police officer decides to pull you over for drunk driving (DUI/DWI), he starts making observations that he will put in the police report. This document can have a significant impact on the outcome of both your criminal trial and your DMV hearing. One of the first things the officer does is make a mental note of how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report. 2. Don’t make any sudden movements. Officers are trained to be cautious, and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, don’t make any sudden movements and keep your hands on the wheel at 10 and 2 o’clock. 3. Be polite. The obvious reason to treat the officer respectfully is that you are far less likely to be arrested. If you’re rude or hostile, the officer is more likely do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply, otherwise you could be charged with resisting arrest. 4. Don’t answer any potentially incriminating questions, and don’t lie. The anxiety of getting pulled over is something police officers count on. In this kind of situation, people are far more likely to incriminate themselves. You do have to give your name, license and registration to the police officer. But if the officer asks you if you’ve been drinking, or how much—and you’re concerned that you might incriminate yourself—simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.” If you have had only one or two drinks, say so. With very few exceptions, one or two drinks will not put you over the legal limit. Lying, however, is never a good idea. If you answer a question, answer it truthfully. If you lie, and the officer knows...

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New Breathalyzer Detection Device for Marijuana Coming

New Breathalyzer Detection Device for Marijuana Coming

By on Jan 27, 2016 in Blog, Boulder Colorado Law Advice Blogs, Legal News | 0 comments

Most of us are aware that when you are pulled over for suspicion of driving drunk, a police officer will give you some sort of roadside breathalyzer test. Recently, with the legalization of marijuana in a few states, driving while under the influence of drugs such as marijuana has become a larger concern. There has been no real solid way to test someone for the suspicion of being high when pulled over. However, currently researchers are working on a new device to detect weed on your breath. How Marijuana is Currently Detected Roadside Getting pulled over for a DUID can be confusing and currently there is no device to help a cop know for sure if you took drugs before driving. The signs tend to be similar to driving drunk that give the police a reason to pull you over, such as swerving. Many law enforcement officers have been trained as Drug Recognition Experts to identify signs behaviorally and psychologically that you are on marijuana when pulled over.  They are trained to identify physical indicators on your body as well. When you are pulled over for Driving While Under the Influence of Marijuana, if they have probable cause, you will be brought into a testing facility. These are controlled environments to test and prove that you recently took drugs like marijuana. Typically, a chemical test will be administered and you could be charged with a DUID if the level of THC is above the limit. The charges for this are very similar to a DUI conviction. How Will the Detection Device Work? In order to make the process of detecting marijuana easier for police officers, a breathalyzer is being released soon specifically for marijuana. The hope is to be able to detect the level of active THC in your system as well as how long ago the drug was consumed. The device will work by blowing into it to detect the marijuana level on your breath, just like an alcohol breathalyzer does. Currently, the device seems to detect the presence and level of marijuana better the closer in time you were to actually taking the drug. The longer you wait, the less effective the test is and the levels...

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Avoid a DUI with Designated Driving Services

Avoid a DUI with Designated Driving Services

By on Jan 15, 2016 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Anytime you are going out drinking, you need to plan ahead and figure out a designated driver that is sober to bring you home. The best options are to designate a friend to pick you up or choose someone going out with you to not drink, so your car isn’t left stranded. For many of us, we don’t plan ahead for a safe ride. If you find yourself with no way home at the end of the night, there are several designated driving services you can choose from. Most of these are paid and a few may be free, dependent on location and timing. Advantages of Designated Driving Services When the night is over and you find yourself drunk with no way home, do not get behind the wheel and drive. There are many services to choose from that will bring you home safely. The majority of driving services cost money, but it will cost a lot less than getting charged with a DUI. Do some research to figure out what the best option is for you based off a few factors. There are a lot of year round companies that offer this kind of service. Each works a different way, such as them picking you up in their car and driving you home. In this case, you will need to leave the car you drove behind and pick it up another day. Some services bring your car home for you and some may even drop someone off to drive your vehicle and follow you both home. There can be several rules, dependent on where you’re located, what time of day it is, and what time of year it is. Lots of states have services specific to that state and rides may even be free if it is a holiday. Free Driving Services and Limitations Most driving services cost money, but there are a few that will offer free rides on holidays like New Year’s Eve. Companies do this to reduce the amount of drunk drivers on the road since most people are out drinking on holiday nights. There are even some non-profit businesses that offer free designated driving services all the time depending on the state. One company...

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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 the...

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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. In...

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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 this...

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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. The...

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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 burping...

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Underage DUI Laws & Consequences

Underage DUI Laws & Consequences

By on Aug 24, 2015 in Blog, DUI Blogs | 0 comments

Many people drink underage, whether it’s in college at a party or even in high school. Even though it is illegal to consume alcohol when you are under 21 years of age, the truth is, it still happens. One of the worst things that can happen to a minor is to get an underage DUI on their record, or, even worse, potentially cause a crash that kills someone while driving drunk. An Underage Drinking and Driving Offense (UDD) are taken very seriously for many reasons and the punishment is severe. Minors tend to binge drink when they do and their Blood Alcohol Content is on average 5 times higher than the legal limit (.40 BAC). About 10% of licensed drivers under 21 are also responsible for 17% of all fatal alcohol-related crashes. Minor drivers in Colorado will receive a UDD if their BAC level is .02 to .05. If they have a BAC over .05, they will be charged as an adult. Adults will normally receive a DUI for .08+ BAC and a DWAI for a .05 BAC. All states don’t require proof that the minor was drunk, just that alcohol was present in the system and this can be presented through a Breathalyzer or blood test. Many states have strict zero-tolerance laws on UDDs, even if the minor had permission from their legal guardian. When is Underage Drinking Allowed? Underage drinking is allowed in certain circumstances, but most situations do not allow for their ability to be impaired and if it did, then it would be the responsibility of the guardian to not allow their minor to drive. Minors are allowed to consume alcohol in a private premise that doesn’t sell alcohol with the consent of a legal guardian. They are also allowed to drink for religious purposes like consuming wine for a religious ceremony. If a doctor is administering a medical treatment that requires alcohol for medical purposes then the minor may drink. Lastly, for educational purposes like culinary school, a minor may drink. It’s also important to point out that if a minor is calling 911 to report a medical emergency that affects another underage drinker, then they will not be penalized. If an underage drinker...

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Sobering Drunk Driving Statistics

Sobering Drunk Driving Statistics

By on Jul 10, 2015 in Blog, DUI Blogs | 0 comments

Sometimes, we are informed that something is bad, but never given the reason for it being bad. Here are some reasons why most people in America are so against drunk driving and why DUI laws are so strict. From The CDC On the topic of Impaired Driving, the CDC begins with a grim statement: “Every day, almost 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 51 minutes. The annual cost of alcohol-related crashes totals more than $59 billion”. When you think about it, the numbers are truly terrifying. 10,950 die from a drunk driver related accident each year. Unfortunately, it’s sad to say that it is surprising how low this number is. How Is Close To 11,000 Deaths Low? About 1.4 million drivers are arrested on average each year for driving under the influence of alcohol or narcotics. However, 112 million Americans self-report that they drove impaired each year. To be frank, even a single death related to alcohol-impaired driving is heart-breaking, but when you consider the number of impaired drivers on the road, we might even say that we are lucky that there are not more deaths. Why Aren’t There More Deaths? While we don’t want more deaths related to alcohol, it is important to question why. First, not every alcohol-impaired traffic incident results in a death or even an injury. Secondly, traffic enforcement officers look for visual driving indicators that give them insight into who might be driving impaired. Basically, with more alcohol in your body, you drive worse and it is easier for police officers to find and arrest you. Most DUI and DWAI arrests are due to the driver driving like an impaired-driver which lead them to get pulled over. Thirdly, there are way more drivers on the road than police officers, which allows highly-impaired drivers to get away with it. However, sometimes these people get away from the law, and instead head into an accident. Finally, impaired is defined by varying state laws which is most commonly defined as having a Blood Alcohol Concentration (BAC) above 0.08%. The average male can consume two standard drinks in the first hour and have...

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