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Drug DUI

Denver DUI Penalties From Colorado DMV

Oct. 6th 2014

Loss of License in DUI or DWAI alcohol cases

If you are arrested for drinking and driving in Colorado you will face two separate actions. The first is through the criminal court and the second is through the Colorado DMV. Typically, DMV determines if you keep your licenses and if not, for how long it would be revoked. This post seeks to provide information on penalties that you may face for drinking and driving through the Colorado DMV. For more information regarding court action, please see the attached link.

Colorado DMV- Standards for Hearing

After an arrest for drinking and driving in Colorado, you have seven days to request a hearing through the DMV, unless you take a blood test, the time is extended until you receive the results of the test. A DMV hearing officer, not a judge, conducts the hearing. The hearing officer must find by a preponderance of the evidence that that officer had a legal reason to stop you, had probable cause to request you consent to either a blood or breath test, and that you were driving with a BAC of above .08. This is different then the court standard and so it is possible that you may win the DMV hearing and loose at court or win at court and loose the DMV hearing.

Denver DUI Penalties from the DMV- License penalties

The Colorado DMV will look at revoking your license after a drinking and driving arrest. How long the revocation will depend on many different factors, including past driving record, circumstances of stop and arrest, and any resulting alcohol results. This information is only for the DMV action and does not consider any court sanctions. For more information regarding your options after a Denver DUI arrest, contact DUI attorney Laurie A. Schmidt, p.c. at (303) 747-4686.

First Offense DUI with a BAC level below a .15

In this case, the Colorado DMV will revoke the license for 9 months. The driver may be eligible for a restricted license after 30 days. In order to get a restricted license the driver must complete a driver’s application, pay a $95 application fee, install an ignition interlock devise, and carry SR-22 insurance for the remaining 8 months.

First Offense DUI with a BAC level above a .15

The Denver DUI penalties from the DMV may make a finding of a persistent drunk driver (PDD) if there is credible evidence that the BAC was above a .15 within two hours of driving. If labeled a PDD, in addition to the requirements above, the driver must also enroll and complete Level II alcohol education and therapy and maintain the interlock device for two years.

Second Offense DUI within a lifetime

A second driving under the influence of alcohol allegation will result in a license revocation for one year. A driver may apply for a restricted license after 60 days. The restricted license carries mandatory interlock, SR-22 insurance, and if the BAC or driver is determined to be a persistent drunk driver, may require completion of Level II alcohol education and therapy and an additional 2 years of the interlock requirement.

Third or more Offense DUI over a lifetime

A third driving under the influence charge will result in 2-year license revocation. The driver may be eligible for a restricted license after 60 days. This offense will result in a persistent drunk driving designation and the Denver DUI penalties from the DMV would require completion of Level II alcohol education and therapy as well as extended interlock on any vehicles.

Refusal to take or complete a test

If the Colorado DMV finds that your refused to take or complete an alcohol test on a first offense of Driving Under the Influence charge your license will be revoked for one year. The driver may be eligible to receive a restricted license after 60 days, but a designation of persistent drunk driving will extend the period of the interlock requirement.

As you can tell there are many factors that could influence how long a revocation is for and what is require to obtain a license. For information regarding your specific case, we suggest that you contact Denver DUI attorney Schmidt at (303) 747-4686.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, Marijuana DUI | Comments Off on Denver DUI Penalties From Colorado DMV

Denver DUI Marijuana

Oct. 1st 2014

Colorado DUI Marijuana Laws

Marijuana is legal according to Colorado State law, so why was I arrested for Driving Under the Influence of Marijuana (DUI Marijuana)? Although it still against the law federally – Colorado State Law allows a person to posses and use marijuana if you are over the age of 21. If you are visiting Colorado you can also possess and use recreational marijuana under Colorado State law only; but you must use it while you are in Colorado. Due to the recent legalization, the government is now on the lookout for DUI marijuana drivers then ever before.

HOW CAN THEY PROVE DRIVING UNDER THE INFLUENCE OF MARIJUANA

Officers must first have a reasonable suspicion of criminal activity to stop your car. This means that the officer must have some facts that you were, are, or about to commit a crime. Some common stops that are valid, but can turn into a DUI marijuana include being stop for expired license plate, non-working taillight, headlight, or blinkers. It is recommended to ensure that all equipment and tags are current and working. Once the officer has a reason to stop you- any observations made of you can and will be used against you.

Police officers are looking for marijuana-impaired drivers during almost any traffic stop. Routinely, officers will be looking for red, watery, eyes or droopy eyelids or if he or she can smell an odor of marijuana. Thus, a good rule of thumb is to never use smoke marijuana in your car. If the officer does or does not see these signs, he or she would most likely ask if you have used alcohol or marijuana recently. Any admission of recent use along with the signs and symptoms described above would most likely give the officer probable cause to request a blood, urine, or salve test.

An officer needs to have probable cause to believe that you are driving under the influence of marijuana (DUI Marijuana). This means that the officer must have facts to support his or her assertion that you were driving under the influence of marijuana. If there is no probable cause, any resulting TCH results may not be used against you. Officers develop probable cause by your admission of recent marijuana use, any order or marijuana, and any performance on field sobriety tests (that have not been verified by any authority). You are with in your rights to NOT answer any questions or perform any field sobriety tests. Cooperating with the officer will most likely result in more evidence for the government to use against you. Best practice would be to politely tell the officer you do not wish to answer any questions or preform any test. You are going to be arrested regardless if you participate or not.

If you or someone you know have been arrested for Driving Under the Influence of Marijuana (DUI Marijuana) click here for a free case evaluation or call us at (303) 747-4686. Denver DUI Attorney Laurie A. Schmidt will take the time to explain your options and expectations in the upcoming criminal matter.

Posted by Laurie Schmidt | in Drug DUI | Comments Off on Denver DUI Marijuana

DUI breath test blood test

Jul. 3rd 2014

Driving Under the Influence

DUI breath test blood test

If you are arrested for suspected DUI or DWAI, you should be read Colorado’s Express Consent Law. This means that if an officer has probable cause to arrest you, you must submit to a chemical test.  For alcohol DUI breath test blood test are the options. If you don’t choose a test, it would be deemed a refusal. Refusals can result in your licenses being revoked for one year by the DMV; however you may qualify for a restricted license after 60 days.

You also do not have a right to counsel before deciding what to do: blood, breath, or refusal the test altogether. Demanding to talk to a DUI attorney before deciding if you will take a test will be considered a refusal by the cops.

You may have been asked to take a preliminary breath test while you were in the field or with the officer. This test result is not admissible in court and would not count as the required test. You have a right to refuse to take this test and it would not affect your license.

Which is better in a DUI breath test blood tests, before the differences in the tests there are different laws for alcohol DUI / DWAI and Drug DUI/DWAI.

Alcohol Test

An arrest for suspected alcohol DUI or DWAI in Colorado means that you must submit to either a test of your blood or breath (DUI breath test blood test). This is your choice; the officer cannot make it for you or change your choice, unless there is an emergency.   You also cannot change your choice, meaning if you say breath, you must cooperate and take the breath test, you cannot later change your test to blood. This will be deemed a refusal.

Drug DUI or Drug and Alcohol DUI

There are different laws for driving under the influence of drugs or drugs and alcohol.  Then you must consent to either a blood, urine, or saliva test. The choice is the officers and not yours. The difference is how the legislatures has written the statutes; it has nothing to do with your rights.

Blood Test

If you chose a blood test, you can expect to receive results several weeks or even months after the arrest date. This could mean that the DMV would take no action on your license until the results are submitted.  Blood results are not 100% reliable.  There could be issues with the sample itself, the machine used to analyze the blood, or the technician could have acted in a way that would contaminate the sample.

Breath Test

If you submit to a breath test, you will have immediate results. If the result is over a .08, then the DMV will immediately be notified and you would have only 7 days to ask a hearing to challenge any licenses suspension.  Breath testing devises, like any machine, can be wrong or broken and there could be defenses available to you.  Potential issues with a breath test could be from operator user to a failure in the device itself.

Colorado uses the Intoxilyzer I-9000.  This is a relatively new machine currently used in only two states, Colorado and Georgia.

We appreciate you taking the time to read this post on a DUI breath test blood test.  We invite you to contact us for more information or a free case review by call ing (303) 747-4686 or click FREE INFORMATION.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, DUI Post | Comments Off on DUI breath test blood test

Will a Red Card Get You Out of a Marijuana DUI in Colorado?

Jun. 20th 2014

Marijuana DUI’s in Colorado

As things are rapidly changing with the use, possession, and enforcement of marijuana laws in Colorado there tends to be a lot of misinformation about Marijuana DUI’s.  The first misconception is in regards to red cards or a medical marijuana recommendations.  Have a valid medicinal marijuana card is not a get out of a DUI free card. Showing or telling the officer you have a red card would most likely get you arrested, charged with a Marijuana DUI and you could go straight to jail.  This is because if you tell the officer you have a red card, the next logical question would be if you recently smoke or ingested any marijuana.  Admitting to using marijuana hours before the stop could give the officer enough probable cause to arrest you for suspicion of driving under the influence of Marijuana.  Click the following line for more information on Drug DUI in Colorado.

Even if you have a valid Red Card that is not a defense to a Marijuana DUI.  The law is clear, if you are too impaired to drive due to drugs, alcohol, or marijuana, you should not be operating a vehicle.   Most cops tend to treat marijuana just like alcohol, any amount in your system would impair your ability to drive.  The problem with this type of thinking is that unlike alcohol; just having some TCH in your blood does not correlate to impairment as it relates to a Marijuana DUI.  TCH can stay in your blood or body tissues for months after use.  There have been documented studies that have shown TCH in someone’s body for as long  as six months. This is not true for everyone and one of the difficulties with Marijuana DUI prosecution is that each person will metabolize and eliminate marijuana at a different rate, there is no consistent.

You Must Submit to a Blood, Urine, or Saliva Test if You Are Arrested for Marijuana DUI; or You May Loose Your License

If you are arrested for suspected Marijuana DUI,  you must submit to either a test of your blood, urine, or saliva and it is not your choice; but the officer’s choice. If you refuse such a test, your license may be revoked by the DMV. After the test and immediately upon release, contact a DUI attorney in your area to start them working on your defense.  Marijuana DUI’s are very specific type of cases that need a skilled and knowable attorney.

We hope that this post on Red Cards and Marijuana DUI’s was helpful to you. Should you have any questions or like a free consultation with Ms. Schmidt, please contact us directly at (303) 747-4686 or by clicking here.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, DUI Post, Marijuana DUI | Comments Off on Will a Red Card Get You Out of a Marijuana DUI in Colorado?

Marijuana DUI prosecutions in Colorado

Mar. 8th 2013

Marijuana DUI in Colorado

You can be accused and convicted for driving under the influence of marijuana.  Marijuana DUI convictions have penalties and consequences like that of an alcohol dui.  Marijuana DUI investigation will differ from an alcohol DUI investigation in a few ways.  It should, but not always is, conducted by an officer who is a drug recognitions expert.  A DUR (drug recognition expert) is an officer who has training, usually a few hours or a day, in detecting signs and symptoms of a person under the influence of drugs- including marijuana.   In addition to standard field sobriety tests, marijuana DUI investigations should include officer taking a pulse, eye dilation exam, and possibly your blood pressure.

The driving pattern noted by the officers will be used as evidence against you.  Driving too slowly, weaving in and out of lanes, sudden stops or turns, or great variance in speed could be used to establish that the drug impaired your ability to operate your car.  More than likely, the state would use a driving pattern to help it proves it’s marijuana DUI case against you.

If your marijuana dui stop was due to defective equipment, such as a broken taillight or expired license plate, officers may still have a reasonable suspicion that you were driving under the influence of marijuana.  Officer first observations when they approach your car will be important in marijuana DUI cases.  The office could claim that he smelt the odor of marijuana, either on the person or in the car.  He/she may also claim that they observed that the driver had red watery eyes.

In addition to driving pattern, before you were arrested, you were most likely asked to complete a serious of Field Sobriety Tests.  These tests, which are voluntarily, meaning you do not have to participate in them, should have been preformed by an officer trained in drug recognition, as noted above.

Is there a limit to marijuana levels, like there is alcohol?

If you are suspected of driving under the influence of marijuana a blood test will be requested.   Depending on how long after and how much marijuana you ingested, a result could be detected.  Currently, there are no levels or per se amounts as there is with alcohol.  A blood alcohol content of .08% or more within two hours of driving allows the state to presume you were legally under the influence when you drove. This is not the case in marijuana DUI prosecutions

Toxicologists in Colorado who regularly testify for the state would argue that a THC blood content of 5 or even as low as 3 nanograms per milliliter, should be the pre se level.  There is significant disagreement in the scientific community as to the science and actual ability to prove a per se level in marijuana dui cases.  Mainly because drugs impact each individual differently and there is less data on marijuana and impairment levels as compared to alcohol.  As studies and additional information is learned, this may change in the future.

Even if the result or level of marijuana in your blood was extremely low- you may still be prosecuted depending on the facts and circumstances surrounding the arrest.  If you are charged with a marijuana dui, consult a dui attorney to review your case and any potential defenses that you may have.

Thank you for visiting our post on marijuana DUI’s.  If you would like additional information about the author, click here.

To contact us regarding your marijuana DUI, you can click here or contact us directly at (303) 747-4686.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, Marijuana DUI | Comments Off on Marijuana DUI prosecutions in Colorado

How much will a DUI cost me?

Feb. 15th 2013

What’s the cost of a Colorado DUI- $10,000.00

Can that be right?  $10,000.00 dollars? If you are facing DUI in Colorado stemming from alcohol, drugs, or both, you’ve might have asked yourself, how much is this going to cost me?  A Colorado DUI attorney knows if convicted, you face fines, fees, penalties, class fees, increased insurance costs, monitoring costs, potentially lost wages to jail time and/or community service.   This assumes that there was no accident that resulted in property damage and/or injuries to another.

Can these costs be minimized? The best response is it depends.  A Colorado DUI lawyer can review the specific facts of your case and talk about potential defenses that you may have.  For example, the officer must have a reason to pull you over.  It cannot be that it was late or that this is the time that people are generally drinking and driving.  The officer must be able to articulate a reason for pulling you over.  Commonly, equipment malfunction may be a valid reason for the stop.  Colorado DUI attorneys read hundreds of reports where the initial reason for the stop is unrelated to the driving.  Ensure that your brake lights, tail lights, and headlights are always in working order.  Ensure you registration is current and properly reflected on your license plate.

Colorado DUI laws have a per se limit for alcohol, what that means is if your blood alcohol level is above a certain amount, at the time of driving, you could be guilty, regardless of you driving pattern and regardless if you felt the effects of alcohol or not.  Colorado DUI lawyers may refer to this as the per se limit, which is a blood alcohol content of over a .08%.  If you blood alcohol content is over a .08%, you may still have defenses contact a criminal defense attorney who understands the science behind DUI charges.

Keep in mind that there could be additional penalties for revocation or suspicion of your license.  You may also be required to place an interlock device, at your cost, on your vehicle in order to get your license back. Criminal defense attorneys that regularly defend DUI’s will be able to explain the difference between DMV action and the court action.

Interlock is a device that you must blow into prior to the car starting.  Depending on the facts of your case, you may or may not be required to utilize the interlock.  Contacting a Colorado DUI attorney, who handles both the DMV and court action could explain potential penalties that you would face.

Thank you for visiting our post of how much a Colorado DUI will cost.  For additionally information or to contact the Colorado DUI attorney that wrote this post, please visit our website by clinking here or call us at (303) 747-4686.

Posted by Laurie Schmidt | in Drug DUI, DUI arrest, DUI laws, DUI Post | Comments Off on How much will a DUI cost me?