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Posts by Phil Clark

Why You Should Not Give a Breathalyzer During a DUI Pullover

Why You Should Not Give a Breathalyzer During a DUI Pullover

By on Mar 3, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

As soon as you’re pulled over after drinking, start preparing for how you will respond to the officer. Anything you say or do can be added to the officer’s report about the incident and used against you. Hiring a DUI attorney should be at the top of your list once you’re able, but you won’t have the guidance of a lawyer when you’re still on the side of the road. First of All, Know Your Rights A lot of people don’t fully understand their rights during a pullover. It’s easy to get nervous as soon as you see the flashing lights behind you and do whatever the officer says. However, you do have rights and can refuse to comply with certain requests in the moment. You Can Refuse a Field Sobriety Test If the officer who pulled you over suspects you are intoxicated, they will likely request a sobriety test. Most people are likely to comply with this because they don’t think they have a choice – but that’s not true. Just as you can refuse to let the officer inspect the inside of your car, you can refuse to take a sobriety test or disclose any information that may incriminate you later on. You Don’t Have the Right to an Attorney Before Taking a Sobriety Test At the same time, you don’t have the right to an attorney before taking a sobriety test, even if you do not take the test on the side of the road. Once you are taken to the police station, you will have to choose a sobriety test to take before you’re able to call a DUI lawyer. Furthermore, refusing to take a formal sobriety test before getting an attorney will likely result in revocation of your driver’s license, so it’s in your best interest to go ahead and take some sort of sobriety test. A Field Sobriety Test is Different from a Formal Breathalyzer Test Not all breathalyzer tests are made the same. Knowing the difference in advance can help you down the road once you are building your DUI defense with a criminal lawyer. While making the wrong choice won’t necessarily ruin your case, making the right choice can potentially help...

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DUIs and Marijuana: What You Need to Know

DUIs and Marijuana: What You Need to Know

By on Feb 4, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

In the state of Colorado, marijuana is legal. That can make it confusing as to when it is and is not okay to be under the influence of marijuana – or be actively smoking or otherwise ingesting it. The fact is, even in Colorado, it’s possible to get a DUI for driving while under the influence of marijuana. Just like with alcohol, it may be a legal substance, but it does still impair your ability to safely operate a vehicle. What are the Laws in Colorado? Both medical and recreational marijuana is legal in Colorado, but public consumption is not. That means you can consume marijuana in any form while you are at home or any private residence, but not in public places such as sports or entertainment venues, restaurants, and public transportation. The laws around driving while under the influence of marijuana are also similar to those around driving drunk. Both alcohol and marijuana impair judgement, response time, and therefore a person’s ability to drive safely. That means if an officer suspects you’re driving while drunk or high, they may pull you over to determine your sobriety. What is the Legal Limit for Marijuana? Unlike with alcohol, however, there is no “legal limit” for marijuana by which an officer or judge can say you are too stoned to drive. This means there is a legal grey area when you’re hit with a marijuana DUI. If your DUI blood test shows 5 nanograms or more of THC per milliliter of your blood, that may be enough for a judge and/or jury to convict you of a marijuana DUI. Penalties Involved for a DUI of Marijuana are the Same as Alcohol If it’s decided that there is enough evidence you were driving under the influence of marijuana and therefore were not able to safely operate your vehicle, there are potentially serious repercussions. These include a fine, jail time, loss of your driver’s license, restricted driving once you get your license back, and increased insurance costs. If at all possible, it’s best to hire a Colorado lawyer to defend your case and help minimize the repercussions. What Will an Officer Look for Before Issuing a DUI of Marijuana? Before pulling you...

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Steps to Take After You Have Made Bail

Steps to Take After You Have Made Bail

By on Jan 6, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

Get Representation For the Best Chance of Limiting Legal Repercussions Being arrested and having to post bail can be a scary situation, especially if it’s the first time it has happened to you. Understanding the process and what to do after posting bail will help you feel more comfortable, but it’s also important to find a criminal lawyer to help you as soon as possible. Having an experienced lawyer, such as Phil Clark, to represent you in court will ensure you have the best chance of limiting your legal repercussions. How Does Bail Work? When someone is arrested, they may be let out on bail, especially if it is a smaller offense such as a DUI. Bail is meant to ensure you show up for your court date and should be set at a reasonable price. The Eighth Amendment establishes that no person can have an excessive bail amount set against them. Typically, higher bail amounts will be assigned to those arrested under suspicion of selling drugs or murder, so the amount assigned to you will depend on your crime and determined flight risk. Find Out Your Bail Amount as Soon as Possible Depending on the crime for which you were arrested, you may have to wait to see a judge so a bail amount can be assigned. However, more common crimes, such as a DUI, will have set bail amounts. If this is the case, all you have to do is post bail and then find a good DUI lawyer to help with your court case. Your Options for How to Post Bail You have a few options for how to post bail: pay by cash/check, sign over ownership of property, give a bail bond, or being released on your own recognizance by signing a statement that you’ll appear in court. Typically, if you have an option, choosing release on your own recognizance is the best choice and you should avoid paying by bail bond. Your bail should be returned to you when you appear in court but if you choose a bail bond, you will still have to pay 10% of your bail. If you cannot afford your bail because of your financial situation, the judge may...

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What Is A Criminal Lawyer – And When Might You Need One?

What Is A Criminal Lawyer – And When Might You Need One?

By on Oct 7, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

a criminal lawyer can help keep your record clean Hiring a criminal defense lawyer can save you from getting stuck with a criminal record – and potentially save you’re a lot of money, too. Whatever crime with which you have been charged, having a criminal lawyer to help build a case, handle plea bargains, and possibly appeals after a trial can make a seemingly unwinnable case much less daunting. Criminal lawyers can help cases that include both state and federal legislation. Most crimes are state rather than federal crimes, including DUI, domestic violence, drug crimes, and theft – among others. What Will a Criminal Lawyer Do for You? While you are allowed to defend yourself in court, a criminal lawyer is trained and practiced in both state and federal laws that may be relevant to your case. They will assist with plea bargains, help build your case with evidence leading up to and during a trial, as well as working on any appeals after a trial. A criminal attorney will be able to assess what your case requires and use their knowledge and experience to help your defense. Many people feel certain charges are unwinnable cases but that is rarely the case and hiring a criminal lawyer can help keep your record clean. Locally, Phil Clark is a trusted Boulder criminal lawyer who can help build your case if you have been charged with a criminal crime. Common Colorado Crimes Criminal law covers a wide range of possible charges. However, here are a few of the most common criminal charges in Colorado and across the United States. Driving Under the Influence (DUI) This covers both the influence of alcohol and drugs and can be a very expensive criminal charge. The Colorado Department of Transportation estimates that the total costs of a first-time DUI conviction can be more than $10,000 – plus the existence of a criminal record. When you are pulled over, the officer will ask questions to judge whether you appear to be intoxicated. According to Colorado’s Express Consent Law, if the officer finds probable cause that you were driving under the influence of either drugs or alcohol, you must take a chemical test. This can be a...

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How A Criminal Defense Lawyer Can Help You Win A Drug Possession Case — Infographic

How A Criminal Defense Lawyer Can Help You Win A Drug Possession Case — Infographic

By on Sep 25, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

FIGHTING FELONY DRUG CHARGES Avoid Felony Drug Convictions with the best Criminal Defense Lawyer Getting a felony drug charge can be a scary situation — it’s a very serious offense that may have long-term ramifications. It can be tempting to try and ignore the issue and pretend nothing is happening but it’s imperative to take action right away to protect your future from being negatively impacted by these charges. Need a Criminal Law Attorney in Boulder, Colorado? Contact Phil Clark! Get Attorney Representation Immediately Your best bet at winning your felony drug possession case is to hire a reputable drug possession attorney with experience fighting felony drug charges. You want to give your criminal defense lawyer the maximum amount of time possible to start planning your defense, so you should do this as soon as possible. You always want to optimize your chances of winning and to do that, you can not procrastinate on building your layers of protection. As slow as you would usually hear that the criminal justice system moves, it’s still important for your lawyer to be hard at work at preparing your defense strategy as soon as possible. It’s possible to have your case scheduled and heard very quickly after being indicted. Don’t even wait until you are indicted; you should hire an attorney as soon as you post bail. Time is ticking and every moment is precious. Assess Possible Defense Strategies There are multiple pathways of defense available when you are facing drug felony charges. You are innocent until proven guilty beyond a reasonable doubt and the prosecution has the burden of trying to prove every part of their case against you. Your criminal defense lawyer can assert that they have failed to adequately prove any of the required pieces. One common example of this type of defense is for your attorney to argue that the search by the arresting officer was illegal; that there wasn’t probably cause or reasonable suspicion to search your person or vehicle. In this case, evidence found during the illegal search cannot be used to prosecute you because your Fourth Amendment rights were violated. The right of the people to be secure in their persons, houses, papers, and effects,...

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