Drug Related DUIs

Impared drivers under the influence of drugs are a threat to other drivers

Drug related DUI arrests make up about 10% of DUI related arrests that I deal with, but are certainly on the rise. The problem is that there is confusion right now, because people think that they are all right, but they have to be more careful when they drive. Here is a Q&A that I did regarding drug related DUI.

Q: “Actually, is
there a law that addresses if someone has metabolized marijuana or other drugs in their system, but maybe they haven’t used drugs that day? Would they still be charged with a drug related DUI?”

A: Well, getting charged and being convicted are two different things, of course. I’ve dealt with a number of these, and we’ve become more sophisticated now with the blood tests. It’s important to get a blood test, if you’re being charged, to know what the levels are. We have active THC and non-active THC levels.

The state legislation has recently established a level of 5 nanograms active THC in the blood that presumes the driver to be under the influence, like as we have with alcohol, which is 0.08 blood alcohol content. But people can be convicted with just 2 nanograms or less of active THC in their blood system. It doesn’t take very much ingesting to do that. However, it doesn’t take all that long for the levels to decrease in active THC, but studies are ongoing for consistent users. The testing, just to see if there are any levels THC at all could last for a couple of weeks. But, that’s why they had to narrow this to what is considered the active delta 9 THC level.

If you have any more questions about a drug related DUI call me today at 303 442 6448 for a free consultation. I have been practicing law in Boulder since 1983, and I am here to provide you with service that makes a difference!

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Lawyer Q&A: DUI

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Here is the latest in a series of Lawyer Q&A. This weeks topic focuses again on DUI defense in Colorado.

Q: The fifth amendment of the US constitution says that I do not have to incriminate myself. Why should I give a blood or breath test if stopped while driving? Isn’t it better if they do not have the evidence against me?

A: Yes, you have that right but the courts have decided that the present Colorado law is allowable to basically force you to give a test. Your privilege to drive (not a right) can be taken away for a year if you refuse a test. The law says that by driving in Colorado you have already consented to giving a test and if the situation is right for an officer to ask for a test and you refuse then you lose your license for a year. Also without proof what the level is of the alcohol in your blood the DA and the courts assume that it is very high. The worst thing that you could do is not take the test because you have had nothing or very little to drink. You will not be able to prove that you were not drinking. The case will depend on your behavior, condition of your eyes and speaking pattern as well as other roadside tests you might be asked to do. If they wrote the ticket there is a very good chance that the police report will have that kind of evidence in it.

 If you have any questions about a DUI, call me today at 303 442 6448 for a free consultation.  I have been specializing in DUI cases in Boulder and surrounding areas since 1983, and my goal is to provide you with personal service that makes a difference!

Attorney Services In Boulder, Colorado

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If you live in Boulder or surrounding areas and need an attorney in areas that include Trust and Estate PlanningDUI Defense, and Bankruptcy give The Law Offices Of Paul Stuber a call today. I have been practicing law in Colorado since 1983.

Check back to my blog weekly for more information on all of these areas. I will be posting more information on these areas for you here or at my websiteAlso, feel free to check out my Facebook page, or follow me on Twitter for more updates. If you have any questions, please feel free to give me a call at 303.442.6448 or send me an email to paul@paulstuber.com. My goal is to provide personal service. I would love to hear from you!

 

Charged With A DUI In Colorado?

The Law Office Of Paul Stuber is located in Boulder, Colorado and is here to help.  If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered. I have been operating in Boulder since 1983. My practice deals with DUI-type misdemeanor criminal defense work.

Q: When someone’s been arrested, charged, and released, what are some of the first things they need to figure out? Do they even need a lawyer to help them? How serious might their case be?

A: Well, first of all, you
don’t have to have an
attorney represent you on
anything. You can defend
yourself on any kind of
charge, if you like. DUI
charges are serious because
they can carry up to a year
in jail. Having representation
probably makes sense. If you haven’t been involved in the system, it gets pretty confusing, and you need to make sure that somebody is there to protect you, and also so that you get the right results. If you have been arrested for DUI before then you’re dealing with much more serious consequences. Then it becomes even more important to have somebody look over your case, to make sure the prosecution is fulfilling his or her obligation, in order to make sure you get proper treatment in court.

For any more questions about DUI related offenses, please call me at (303) 442-6448. I have over 30 years of experience in Boulder and surrounding communities.

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Lawyer Q&A: Marijuana Laws

Q: “Since laws have passed in Colorado legalizing recreational marijuana use, is it OK to smoke and drive?”

A: The laws that govern smoking and driving are the same as the laws for drinking and driving. For those over 21, drinking alcohol and smoking pot may be legal, but when their use impairs or puts a driver under the influence it is a crime. There are ways of measuring the THC content of your blood. If there are active THC markers in your blood there is a good chance that your ability could be considered impaired. Right now with even a couple of nanograms you are believed to be impaired and over 5ng and they consider it to be under the influence. The District Attorney has expert witnesses that would testify to that relationship in court.

So just like drinking, one must wait until the marijuana has left your system before you operate a motor vehicle. The time that the effects of marijuana wear off vary between people just as alcohol does. It is best not to take chances and wait until it wears off. The police are trained to spot the effects and will not hesitate to write the ticket. If you do get a ticket, take it seriously. The blood tests can show THC levels for many days but not the active THC levels. Those wear off much more quickly and are what will cause impairment.

What Should I Do If I Get A 2nd DUI?

The courts are very strict about repeat DUI cases. Usually on a first offense the defendant will say that it has been a wake up call and they will never get into this trouble again. The Judge warns them that a second time will be much more harsh. In the classes and probation they get they are also warned. The Judge knows all of this when someone comes to court on a second. There will most certainly be jail time, even if the prior was a long time ago. In fact, if you have a prior, the jail sentence is 10 days to one year and the 10 days may not be suspended, split up or given good time.

If you have had two or more the minimum is 60 days and with that it must be served in a jail cell. The only break on the multiple offender is that it can be done with work release. More than that you can be charged as a habitual offender and eventually it can become a felony. The courts take a DUI seriously and even so much more seriously when it comes to multiple offenses.

In Boulder county there is a program called DITC that puts more into treatment and less on the punishment side. It is important to see if you can qualify for that program. I have had a number of graduates from this plan and it has worked very well for them.

Estate Planning

Probably the most used of all estate planning documents is the Power of Attorney. There are two major types of POA: One being for assets or a general POA, and the other for medical decisions. This is often put into use in end of life care, but is also often needed during temporary conditions when someone is not able to make their own decisions. What you are doing is giving control over decisions that you would normally make in a time when you are not able to make those decisions. For a general Power of Attorney it is often most used to pay bills so you do not get behind while you are incapacitated.

Usually the General Power of Attorney has a clause that delays the power until after you are considered incapacitated. Some of my clients have reached the age that they no longer want to deal with finances and have a child, spouse or friend that they trust and wish to take over that part of their lives. This document gives them the ability to handle all of your financial issues on your behalf.

These documents have no power after you have died but are very important parts of an Estate Planning package. For more information on estate planning please visit my website or call me at (303) 442-6448. I have been practicing law since 1983 and I am here to help.