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DUI Frequently Asked Questions

DUI Frequently Asked Questions

By on May 14, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Getting a DUI is stressful but knowing what you’re getting into can help the situation. It’s a good thing if you have no idea what to do because you’ve never gotten a DUI before. We’re here to help inform you of different options, scenarios, and ensure you have the best chances in your DUI defense as possible. Keep reading for some commonly asked questions about DUIs. Can You Refuse a Roadside Breathalyzer Test? Taking a roadside breathalyzer test is your least safe option if the officer decides to administer a sobriety test. It’s easy for the results to be altered and it can also be less accurate. You may not realize it but you have the option to refuse to take a roadside breathalyzer test in favor of one back at the police station. An officer cannot force you to take the test right there and then. What’s Sobriety Test Options Are There? If alcohol is suspected, you’ll have options for which test to take. You can take a breath test either on the roadside or back at the police station. This will show your blood alcohol content and tell them whether you’re in a safe range. Alternatively, whether alcohol or drugs are suspected, you can also take a blood test, which may be more accurate. If the officer suspects drugs, you will have to take a blood test, since breath tests cannot show the presence of drugs. Can You Get a DUI for Taking Prescription Medicine? The short answer – yes. You can get a DUI for driving under the influence of anything that impairs your judgement and slows reaction time. This means not just drug and alcohol use can result in a DUI. Many prescription medications carry a warning on their label stating that you shouldn’t operate heavy machinery after taking a dose. While your doctor should also inform you of any side effects and things to consider while taking a medication, it’s always a good idea to read the label before taking a new medication you’re not familiar with. How Much Will a DUI Cost Me? The answer to this is more complicated than you might expect. In Colorado, a first conviction for a DUI will...

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Can I Get a DUI for Taking a Prescribed Medication?

Can I Get a DUI for Taking a Prescribed Medication?

By on Apr 9, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Most people think of DUIs as being for those driving drunk or under the influence of drugs like marijuana. While that is true, you can also get a DUI for driving under the influence of prescription drugs. Though it isn’t illegal to take medications prescribed to you by a doctor, if they impair your ability to safely operate a vehicle, you may be pulled over and issued a DUI. A DUI Covers Driving While Impaired from Any Substance A DUI can cover any type of impairment from a substance, whether alcohol, drugs, or prescription medications. If you show signs while driving that you cannot safely operate your vehicle, a police officer is likely to pull you over to check your wellbeing and sobriety. On the side of the road, if the officer believes you seem under the influence, he will likely request a test to check your sobriety. Police Officers Will Look for Certain Signs Before Pulling You Over When patrolling, officers will look for certain behaviors from drivers that may indicate they’re driving under the influence of drugs or alcohol. Some of these signs include weaving on the road, driving too fast or too slow, or delayed reaction times. If they notice one or more of these, they will likely pull you over so they can assess your condition. Face-to-face, they will look out for signs you are slurring your speech or the smell of alcohol or drugs on your breath or in your car. It Will Involve Either a Breath Test or Blood Test If the officer pulling you over decides you do not appear sober, they will ask to administer a sobriety test. This could be a roadside breathalyzer test or you may go back to the station for a breath or blood test. If they suspect a substance other than alcohol, you will likely be asked to take a blood test, as breath tests only work for alcohol. Many Prescription Medications Inhibit Your Driving While prescription drugs are serving a purpose, such as pain medication, they also can impact your mental capabilities. It’s important to consult with your doctor, read the label on your medication, and pay attention to changes in your behavior and abilities....

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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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The “Some Other Dude Did It” Defense — Infographic

The “Some Other Dude Did It” Defense — Infographic

By on Jul 31, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

Sowing the Seeds of Reasonable Doubt One very unique and interesting strategy that can be employed by criminal defense teams while representing their client is the “SODDI” defense, aka the “Some Other Dude DiD It” defense. This tactic shifts the conversation from whether the crime happened or not to who actually committed the crime. This is often used to claim a case of “mistaken identity” but there are actually a variety of cases that this defense can be useful for. Need a Criminal Law Attorney in Boulder, Colorado? Contact Phil Clark! A Mistaken Identity Defense Most commonly this strategy is utilized by the defense to plant a seed of reasonable doubt among the jury by undermining the evidence, especially from witness testimony. The “Mistaken Identity” defense can be an uphill battle but can be quite effective when done well. Undermining Evidence — That’s Someone Else’s! The most important thing to maintain with the SODDI defense is that the crime was committed without a doubt, but not by the defendant. One common type of case this is used in is where police and investigators discover evidence in a place that is often used by multiple people, such as a residence, vehicle, or other public location. This allows the defendant to claim that the evidence was found in a common area and that someone else committed that crime. This strategy cannot be utilized in murder or assault cases where the defendant is asserting self-defense. Witness Testimony — Target Inaccuracies Due to how difficult it is to remember past events with perfect accuracy, the SODDI defense has been popular for discounting evidence from witness testimony. Scientific studies of human memory have been able to prove that bystanders are unable to recount events in an accurate way, easily being influenced even by the wording of the question being posed. Mistaken eyewitness identifications contributed to approximately 71% of the more than 360 wrongful convictions in the United States overturned by post-conviction DNA evidence. The reliability of witness testimony has plummeted in recent years as its credibility is compared with the new “gold standard” of DNA testing. One study that discounted witness testimony was performed by a cognitive psychologist who studied witness memory. She showed...

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You Don’t Have to Be Driving a Car to Get a DUI! — Infographic

You Don’t Have to Be Driving a Car to Get a DUI! — Infographic

By on Nov 28, 2018 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

You Won’t Believe What Counts As a Vehicle for a DUI The state of Colorado is extremely strict. If you get a DUI on your record, then it stays there forever. So, it’s important to avoid using or driving any vehicle while intoxicated. However, did you know that it’s not just automobiles that can net you a DUI? Need a DUI Attorney in Boulder, Colorado? Contact Phil Clark! What is the DUI Law in Colorado?: “A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.” Definition of a Motor Vehicle: A vehicle is anything capable of moving from place to place on wheels or tracks; a very broad definition. So, feasibly, it is possible to be charged with DUI for operating any wheeled vehicle under the influence, as messed up as that sounds. Is DUI a Felony of Misdemeanor in Colorado? The first two DUI offenses within the state of Colorado are usually considered a misdemeanor crime as long as the driver did not hurt someone else or damage property. However, if the driver created physical injury to someone or property damage, then him or her, will most likely face a felony charge. Not only does your DUI stay on your record, it can be used against you if you get charged for another DUI offense in the future. So, if you have a DUI on your record from decades ago, it will still be used against you in the future. Some Unconventional Vehicles You Can Drive and Still Get a DUI Bicycles Boats All Terrain Vehicles Riding Lawn Mowers Pocket Bikes Golf Carts Go-Carts Construction Equipment A Horse Boats Wheelchairs (Motorized or Not) Motorized Scooters (E-Scooters) Skateboards (Depending on the State) What to Do If You Are or Might Be Charged with DUI? Ultimately, a DUI is the last thing you want on your permanent record. Your life and the way people perceive you changes in a negative way. If you get charged with a DUI, FIGHT IT. Do everything within your power to get the charges lowered or dropped. This is completely...

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False Accusations of Domestic Violence | Easier Than You Thought — Infographic

False Accusations of Domestic Violence | Easier Than You Thought — Infographic

By on Oct 25, 2018 in Blog, Boulder Colorado Law Advice Blogs |

False Accusations of Domestic Violence These Problems Often Enable False Domestic Abuse Cases   False accusations for domestic violence occur more often than most may give credit to. Here are a few reasons why false accusations of domestic violence occur so often.       A Loose Definition: The law defines domestic violence very broadly and vaguely and includes: intimidation, stalking, economic deprivation, throwing objects, trespassing, and harassment to name a few. These may not be clear signs domestic violence has occurred.   No Evidence Needed: Domestic violence service providers, law staff, and prosecutors are instructed to always believe the victim even when no real evidence or proof of violence or abuse is present and it seems more like you are guilty until proven innocent.   Victim Training and Advocates: Victims are trained and coached by hired workers to embellish their stories to increase the chances of finding a conviction or acquire a restraining order. All of your words and actions will be studied and twisted to make a stronger case for domestic violence.   False Accusation Incentives: There are a great number of benefits received by victims for accusing someone such as: • Sole use and possession of the place of residence with a restraining order • Receives custody over the children • Mental and/or physical therapy expense reimbursement • Reimbursed lawyer and legal fees • Low cost housing and other welfare sevices   Reluctancy to Charge False Accusers: Prosecutors are reluctant to charge domestic violence perjurers with a crime. Even when someone knows what they are doing is 100% wrong, and that they are lying to get another person in trouble, they have no fear of legal recourse.   Contact an attorney At The Clark Law Firm, we understand that the law can be a tricky course to navigate. If you have been falsely accused and are in need of a domestic violence defense attorney, be sure to contact Phil Clark immediately. He has the experience and skill needed to assist you in these troubling times.   We’re Here to Help You Call Us Now ☎...

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