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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Marijuana Laws
/in All Blogs, Uncategorized /by Paul StuberQ: “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.
I have been practicing in Boulder and surrounding areas since 1983 and followed each year with the changes with the DMV and the County Court. I want you to feel confident that your rights are protected and that someone will guide you through the maze that is our justice system.
Please give me a call (303) 442-6448 for a free consultation so I can talk with you about your unique situation and give you the advice to help make the best of a difficult situation. I will let you know what actions you should take now to make the penalty phase turn out best for you. For any more information on DUI defense or marijuana laws, please visit my website.
Attorney Paul Stuber Blog
/in All Blogs, Uncategorized /by Paul StuberMake sure to check out the newly re-designed WordPress blog for The Law Office Of Paul Stuber!
If you live in Boulder or surrounding areas and need an attorney in areas that include Trust and Estate Planning, DUI 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 website. Also, 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 [email protected]. My goal is to provide personal service. I would love to hear from you!
Happy New Year
/in Uncategorized /by Paul StuberHappy New Year from everyone at The Law Office of Paul Stuber! As the new year is now upon us, here is some useful information on changes from the Colorado Motor Vehicle Department regarding Ignition Interlock devices.
Ignition Interlock is a device that is installed on motor vehicles to prohibit individuals from operating a vehicle while under the influence of alcohol. It requires your breath sample before the engine will start and you are periodically required to provide breath samples while driving. If the device detects an elevated alcohol concentration level the vehicle will not start.
Important! Legislative mandates effective 01/01/14 have significant changes to previous laws involving alcohol violations, Persistent Drunk Drivers (PDD) and the Ignition Interlock program. Those changes include:
· The reduction of the Blood Alcohol Content (BAC) on a chemical test from 0.17 to 0.15 to designate you as a Persistent Drunk Driver.
· The refusal of a chemical test at a traffic stop on or after 01/01/14 will now result in a Persistent Drunk Driver designation.
· If you have refused a chemical test prior to 01/01/14 and were previously ineligible to reinstate early with Interlock, you may now either finish serving the remainder of your revocation and reinstate with full driving privileges, or serve at least two months and apply for early reinstatement with Interlock for one year. You are not eligible for Financial Assistance in this case.
If you have multiple alcohol violations or refusals on your record, the wait time for early reinstatement with Interlock has been reduced to one or two months, respectively. For more information on ignition interlock devices please contact us today at 303-442-6448.
Holiday DUI Checkpoints In Colorado
/in All Blogs, DUI /by Paul StuberThere is an increase in DUI related traffic stops around the holiday season in Colorado and around the country, so be on the lookout for nationwide DUI crackdowns this holiday season. In last weeks blog post, I touched on a nationwide effort to minimize the amount of intoxicated motorists. Colorado DUI penalties are some of the highest in the country, so make sure to use caution when operating a motor vehicle this holiday season!
Police plan to hold DUI/drivers license checkpoints at undisclosed locations in Colorado between the hours of 7 p.m. and 3 a.m. Police have also planned for other checkpoints throughout the month. In addition to DUI/drivers license checkpoints, you will also see the PD making lots of traffic stops during this highly visible enforcement period.
“If we suspect anyone is driving while under the influence, officers will show zero tolerance for drunk or drugged driving.”
For questions regarding DUI defense please call The Law Office Of Paul Stuber today at (303) 442-6448. I have been practicing law in Boulder, Colorado and surrounding communities since 1983 and I am here to help you with personal service that matters! I hope everyone has a safe and happy holiday season, and keep our roads safe!
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Holiday DUI Checkpoints
/in All Blogs, DUI /by Paul StuberIn an effort to keep the roads safe for holiday travelers in Colorado, the Boulder and Denver Police Department is cracking down on drunk drivers this season as part of a statewide DUI prevention.
Police plan to hold DUI/drivers license checkpoints at undisclosed locations in Colorado between the hours of 7 p.m. and 3 a.m. Police have also planned for other checkpoints throughout the month. In addition to DUI/drivers license checkpoints, you will also see the PD making lots of traffic stops during this highly visible enforcement period.
“If we suspect anyone is driving while under the influence, officers will show zero tolerance for drunk or drugged driving.”
For questions regarding DUI defense please call The Law Office Of Paul Stuber today at (303) 442-6448. I have been practicing law in Boulder, Colorado and surrounding communities since 1983 and I am here to help you with personal service that matters! I hope everyone has a safe and happy holiday season!
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Driving While Your License Is Suspended
/in All Blogs, DUI /by Paul StuberHere is a Q&A that I participated in, with the topic being driving without a license after a DUI. If you are in Colorado and need proper DUI defense, call The Law Office Of Paul Stuber at (303) 442-6448 today.
Q: What’s the penalty if you’re driving under a revoked or suspended license after you have been charged with a DUI, and you’ve been pulled over? What will happen?
Paul Stuber: Well, there’s jail
time for driving under
revocation. It’s
mandatory if the driver
has been driving under
revocation based on an
alcohol conviction. There’s an additional one-year of suspension that’s tacked on to whatever your suspension is right now with the DMV, so it’s pretty serious.
For more information on DUI defense visit my website or call me today. I have been practicing law in Colorado for over 30 years and I am here to provide you with reliable, personal service.
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Drug Related DUIs
/in All Blogs, DUI /by Paul StuberDrug 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!
Follow me on Facebook and Twitter!
Lawyer Q&A: DUI
/in All Blogs, DUI /by Paul StuberHere 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
/in All Blogs, Uncategorized /by Paul StuberIf you live in Boulder or surrounding areas and need an attorney in areas that include Trust and Estate Planning, DUI 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 website. Also, 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 [email protected]. My goal is to provide personal service. I would love to hear from you!
Charged With A DUI In Colorado?
/in Uncategorized /by Paul StuberThe 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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