Why are there two types of DUI cases in Colorado for each arrest, DMV and Court ? Ask a Colorado, Boulder DUI attorney.

In Colorado driving is considered a privilege and not a right.  You might think that it is very important to have a license and drive to work but the State of Colorado believes that the public safety is more important and has classified a license to drive a privilege. This means that they do not have a Judge decide the fate of your license in a DUI case but an administrator for the DMV. We call this a consent violation if you are stopped driving with a Blood Alcohol level at 0.08 or greater. It is a separate hearing from the one on your ticket that you have to go to court to defend. You can have an attorney represent you at these hearings. I have been to many of them. In recent years there has been a new development. This is the interlock device. We have a compromise between the public safety and the need to drive for work etc. With the interlock you can’t drive the car if you have alcohol on your breath. There are ways of getting your license back early in the suspension with an interlock and there are lengthy interlock requirements for repeat and high BAC levels. This is all separate from the misdemeanor criminal case in court. You should contact a qualified DUI, DWAI, attorney in Colorado to know your rights on your case. Paul Stuber

Finding the Right DUI or Criminal Attorney

Don’t expect to find a great lawyer just by picking up the phone book, or responding to a TV or radio advertisement. Finding the right DUI or criminal attorney will take a little more effort.

Personal referrals from someone who has experienced the same problem as you can give you some great leads. You should be able to find reviews online at:

  1. Avvo.com
  2. Researchlawyers.com
  3. Superlawyers.com
  4. Yelp.com

Or, just go to google and type in “lawyer reviews” or “attorney reviews” and the city where you live. If that’s not working for you. Most state bar associations will have a website with attorneys listed by specialty, and information about each attorney.

Choose a Specialist

Working with a lawyer who is experienced with your issue is a must. Law is too specialized to work with an attorney without recent and successful experience with your issue.

If you can’t afford your own attorney, contact Boulder Legal Service (BLS) at 1790 30th Street, #301, Boulder, CO. 80301-1020, Phone: 303-449-7575. BLS can also help with bankruptcy, consumer, child custody, dissolution of marriage, domestic violence, elder law, health, housing, individual rights, public benefits, and wills. If you want experienced and aggressive legal representation for DUI, DWAI, Criminal defense, and Estate planning call Paul Stuber (303) 442-6448, or schedule a free consultation in person.

New Colorado DUI Laws for 2014

In 1998, the Persistent Drunk Driver Act was passed. This legislation increased the penalties for people with repeat DUI convictions or very high blood alcohol concentrations (BAC). Recent changes, which took effect on Jan. 1, 2014, lower the BAC at which a driver is classified as a persistent drunk driver from 0.17 to 0.15 percent.

Another change to the law effects anyone who refuses to take a breath, or blood, test when arrested for suspicion of driving under the influence. Refusal to take the tests will now enable that person to be classified as a persistent drunk driver.

Penalties Are Not to Be Taken Lightly

Penalties can be severe, even if it’s a person’s first DUI conviction. If you’re classified as a persistent drunk driver you have to undergo drug and alcohol rehabilitation, and you need to install ignition interlock devices on your vehicles for two years in order to regain driving privileges. Not to mention, that people classified as “persistent drunk drivers” by the court must wait 30 days (60 days on a refusal) before getting a probationary driver’s license with the ignition interlock use. You should apply early as it takes sometimes weeks to get authorization.
There are also penalties that people convicted of DUI face in addition to the DMV. There are criminal ones; these include fines, jail time, public service, court costs, and penalty surcharges.

Get Professional Help

If you can’t afford your own attorney, contact Boulder Legal Service (BLS) at 1790 30th Street, #301, Boulder, CO. 80301-1020, Phone: 303-449-7575. BLS can also help with bankruptcy, consumer, child custody, dissolution of marriage, domestic violence, elder law, health, housing, individual rights, public benefits, and wills. If you want experienced and aggressive legal representation call Paul Stuber (303) 442-6448, or schedule a free consultation in person.

Need to Know Colorado DUI / DWAI Marijuana

What You Need to Know About Colorado DUI/DWAI Marijuana

 

Experienced Boulder Criminal attorney Paul Stuber has defended people against DUI and DWAI for more than 30 years, and more recently marijuana DUI and DWAI. If you have been charged with DUI or DWAI marijuana you should learn exactly what you’re up against. Paul graciously shares some his experience below.

  • Marijuana is still illegal under federal law.
  • The methods of proof are different for a DUI Marijuana than a DUI for alcohol.
  • Everything a police officer observes and hears can be used against you in court.
  • Any driver with 5 nanograms or more of THC can be charged with a DUI despite the fact that there is very little proof that 5 nanograms proves that someone is impaired.
  • Colorado has recently added several hundred trained drug-recognition officers.
  • Have a medical certificate is not a valid defense for DUI or DWAI.
  • Your attorney should have specific experience dealing with the special tests that law enforcement officers are being trained to use in the field. Many Boulder attorneys do not have this experience.
  • The only test that can be given to accurately determine your level of impairment for marijuana is a blood test.
  • Blood test are often not administered correctly.
  • Marijuana can take several days to clear your system, and even longer if you are a regular user.
  • A DUI or DWAI for marijuana is serious.
  • DUI cases have two parts; a criminal part, and a DMV part.
  • Roadside testing is voluntary. They are designed to make you fail, and your choice not to do the test can’t be used against you in court.

 

To learn more about why Paul Stuber is the right choice when you are confronted with a DUI or DWAI for marijuana call (303) 442-6448, or read what Paul’s clients have said about his defense of their case.

Colorado Marijuana Laws

Colorado is a unique state to live in with the new legalization of marijuana.  Our state is making history, but it also now has to deal with the effects of having marijuana legalized.  One of those effects is how to deal with people driving while under the influence of marijuana.

So how much is too much?  According to CDOT, the limit of marijuana in the blood is 5 ng of active THC per milliliter of blood.  If a blood test where to show you had 5 ng of active THC in your blood this would allow an inference that you were under the influence by marijuana in much the same way as driving in Colorado with a blood alcohol level above a .08 would give rise to an inference that you were intoxicated.  Even less of the active THC can lead to an arrest for being impaired. However, marijuana also affects different people different ways.

You need legal representation to help you make sure you are protecting yourself if you find yourself being accused of a marijuana related DUI. If an officer suspects you’re under the influence of a drug other than alcohol, that officer has the right to select which test you should perform.  Our current knowledge is that all CO law enforcement has been instructed to select a blood test for suspected marijuana DUIs.

Make sure you have someone on your side that understands those changes and knows how to react to them.  The Law Office Of Paul Stuber can give you the peace of mind to navigate the process of dealing with a DUI with expertise and understanding.  If you know someone dealing with marijuana related DUI charges that needs some guidance, please contact me today at (303) 442-6448.

In Need Of A DUI Attorney?

Colorado DUI Laws

Colorado law enforcement classifies drunk driving offenses as Driving While Ability Impaired (DWAI) at a blood alcohol concentration of .05% but less than .08%, and Driving Under the Influence (DUI) at a blood alcohol concentration of .08% or higher.

There is a lot of discussion about whether you need a DUI/DWAI attorney if it’s your first offense in Colorado. Regardless of our choice you should definitely know the penalties in Colorado.

Your 1st DWAI in Boulder

For you first DWAI offense the penalties are 8 points on your drivers’ license, a $200 to $500 find,  up to 6 months in jail, and up to 48 hours of community service.

Your 1st DUI in Boulder

For your first DUI, the penalties can be a loss of your license for 9 months, a $600 to $1000 fine, up to a year in jail, and up to 96 hours of community service. In Colorado all prior DUI and DWAI offenses are relevant and can be considered in sentencing and penalty issues?

Boulder attorney Paul Stuber offers a free consultation about your case if you’re not sure if you need an attorney.

When you are a repeat offender, or there are circumstances like multiple charges, or you’re a repeat offender, you absolutely need a DUI/DWAI attorney. You might be OK without a DUI or DWAI Attorney if it’s your first offense, and there are no other complications like:

  • Reckless driving
  • A minor in the vehicle
  • A very high blood/alcohol level
  • Be sure to understand that there are significant benefits of having an attorney even if it is your first offense. Those benefits are:
  • Boulder attorneys have knowledge of the local court system.
  • DUI/DWAI attorneys have expertise in plea bargaining that you may need.
  • The attorney’s experience with the administrative aspects of local legal systems in Boulder and surrounding communities can be very helpful.

People often do not realize the damage a DUI can do. Aside from the fact that it stays on your driving record for years, it can become difficult to get auto insurance coverage and the rates can be astronomical. One of the most important reasons to hire a DUI/DWAI attorney is simply for the advice. Your attorney may keep you out of jail, or keep you from saying the wrong thing at the wrong time, or negotiate your charge to a less serious one.

For more information call the Law Office Of Paul Stuber today at (303) 442-6448.

DUI: Refusing A Breath Test

In Colorado, asking to talk to a lawyer can be a refusal. Even if you are carrying my cell phone number with you (720-771-9776) and you are stopped for a dui the police do not have to let you call your attorney before deciding what type of blood alcohol test you are going to take. Many times in the cases I have worked with, the person being arrested has asked to speak to an attorney and the police considered that a refusal to take a test and they lose their license. You often are given the choice of a breath or blood draw test to measure your blood alcohol. You do not have to give them the evidence against you but it is a violation of the consent law if you refuse and the refusal itself can make you lose your license. Refusing the test will not stop them from charging you with a DUI. They can use other evidence to back up their case. Be careful with that decision.

For more information on DUI defense in Colorado, call the Law Office Of Paul Stuber today at (303) 442-6448. CALL NOW for a FREE consultation.

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Colorado Marijuana Laws

Everyone needs to understand the impact of legal marijuana and driving. It may be legal now to have and ingest THC in Colorado, but it is still criminal to operate a vehicle in the State of Colorado and across the country after you do. As with alcohol, and other prescription drugs you may be allowed to take THC but if it “impairs your ability to drive safely, to even the slightest degree” you have broken the law and may face jail time and certainly face large expenses. They have blood tests to show active THC, but even if you refuse a test they will charge you with a DUI.

My offices are located in Boulder, Colorado and I specialize in DUI (Marijuana / Alcohol), Bankruptcy, Trust & Estate Planning. Call me today for a free consultation at (303) 442-6448.

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DUI: Driving Under The Influence

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The “driving” part of Driving Under the Influence may be becoming less clear and easier for the Courts and the DMV to prove. I had a long talk recently with someone at the DMV about Colorado’s definition of driving. The case law says that you have to have control over the vehicle. It has been shown that keys in the ignition is enough to show control. There have not been any cases but my question is about how we deal with the keyless starting cars. It is not too far fetched with our current laws to say that since you have the key fob in your purse or pocket it is the same as having them in the ignition because all you will have to do is push the start button to get the car started. Until we have a clear ruling on this it may be best to avoid vehicles all together if you are drinking alcohol or smoking marijuana.

For more information about DUI Defense, Bankruptcy, and Trust & Estate Planning call me today at (303) 442-6448.

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Marijuana & Driving Laws

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Many cases of DUI after using marijuana have been arising in Colorado. Over the past few months we have witnessed many monumental changes in marijuana laws in the State Of Colorado.  I often get asked how much marijuana you can have in your possession, and if you are able to drive after you use marijuana. Here is the latest in a series of Lawyer Q&A regarding marijuana and driving laws.

Q: What are the laws on driving with marijuana in your possession?

My answer: ”There is no specific law saying that you can’t have marijuana in your possession unless you are under 21 or if the quantity is too high. You can’t buy over an ounce and you can’t grow more than 6 plants. There are City laws also that can limit how much you can have. You are also not allowed to smoke in public.”

Another question which I touched on in an earlier blog post is “Are you allowed to drive if you use medical marijuana and are licensed by the state?” The answer is no. Just like other prescribed medications that can impair your ability to drive, if the level of marijuana in your system is too high, you may be convicted of a DUI.

My name is Paul Stuber and I have been practicing law in Boulder, Colorado for over 30 years. I specialize in DUI Defense, Estate Planning, and Bankruptcy cases. For a free consultation call me today at (303) 442-6448.

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