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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Holiday DUI Checkpoints In Colorado

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There 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

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In 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

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Here 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

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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!

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

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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.