Denver Marijuana DUI Laws Debated

Lawmakers are mulling over a Denver marijuana DUI statutes might require some revisions.

Our Denver marijuana DUI defense attorneys are not in favor of any measure that impedes on the right of patients to use marijuana for medical ailments.

According to The Associated Press, a bill is being debated that would render someone impaired if they test positive for more than 5 nanograms of THC, the active ingredient in marijuana. A nanogram is one-billionth of a gram.

However, there is argument whether that is an accurate measurement of whether someone is too high to drive.

Under the law as it is now, the state says drivers can’t be under the influence of alcohol or drugs, but it doesn’t set a limit for how much THC can legally be in a person’s system. The problem, as identified by a number of medical marijuana activists, is that impairment can’t be accurately measured by their THC levels. That means that a patient who takes regular doses of the drug could build up a high THC level, and yet be perfectly sober.

Republican sponsors of this bill say a standard needs to be set so that law enforcement has some clear guidelines. They say that smoking marijuana is a privilege, and users shouldn’t be allowed to endanger others.

Those who oppose the measure aren’t saying that it should be Ok to drive high. But the proposed measurement of impairment won’t be fair. They also say it’s no different than ingesting any other prescription drug. Yet there is no blood test ordered for someone who has been prescribed Oxycodone or Prozac.

The issue has become the center of controversy for a number of state committees, where members haven’t been able to come to an agreement.

In Nevada and Ohio, there is a 2 nanogram limit for marijuana. In Pennsylvania, it’s 5 nanograms. In 12 other states, there is a zero-tolerance policy when it comes to marijuana.

Legislators say the bill could cost more than $1 million to implement statewide.

Ignition Locks Could Be Mandated by the Federal Government for DUI Offenders

Colorado, along with Texas, has led the pack in the number of ignition interlock devices installed for DUI offenders. Texas has over 33,000 devices in use, while Colorado has 17,000 in use. If the American Energy and Infrastructure Jobs Act passes, the federal government may mandate the use for all DUI offenders.

Tucked into this bill is a portion that would make installing ignition interlock devices on the vehicles of all people convicted of a DUI, even those with very low blood alcohol content readings. Currently, judges have the right to determine when these devices are needed, and are typically reserved for repeat offenders or those that had very high BACs.

The alcohol industry, along with many drivers, feel that that right should stay with the local jurisdiction, but supporters of the bill point to Colorado’s DUI fatality statistics to back their agenda.

In 2008, Colorado had 176 fatalities related to drunk drivers. That number decreased to 158 in 2010 and 127 in 2011. It is hard to say that the ignition interlock devices were the only reason for the decrease, especially when you consider that there have been major initiatives for education and prevention around the state during the same period of time.

Should the bill pass, the federal government would have control over what BAC constitutes use of the ignition interlock device. To offset the costs of implementing the program, the bill calls for a $25 million grant to the states for participation. In Colorado, the device is paid for by the offender. Many of those against the bill believe the cost of the device should be the burden of the offender, while supporters say that using tax dollars to pay for the devices is a safety worth paying for.

Douglas County Deputy Arrested for DUI After Causing Pile-Up on I-25

The New Year isn’t off to a good start for a Douglas County Sherriff’s Office Deputy, who was arrested for a DUI just before lunch on January 1^st. The deputy has been a member of the Special Operations Response Team, which responds to disturbances at the local jail.

This was no small incident either. The Denver Post reported that the off-duty deputy braked abruptly in his Ford Escape on northbound Interstate 25. The quick stop caused two vehicles to crash into the Escape, and caused another three-car pile up as people tried to avoid the accident.

Luckily, the four people injured were treated for minor injuries only. The deputy was arrested and charged with a DUI, careless driving and for failing a Breathalyzer at the scene.

The Douglas County Sherriff’s Office spokesperson suggested that an internal investigation would be conducted, and the Castle Rock police are handling the main investigation. The deputy is on administrative leave without pay for the time being.

Facing a DUI is not something anyone should do on their own. If you or someone you care about is charged with a DUI, especially one involving an accident, seek the help of an experienced Castle Rock DUI lawyer right away.

Repeat DUIs Result in Serious Consequences

Your first Colorado DUI comes with pretty harsh penalties. You likely will face a temporary loss of license, fines, driver education requirements, community service, and possible time in jail or probation. But what happens if you receive an additional DUI? Unfortunately, the penalty is much more severe after the first offense.

If you are facing a second DUI, it is very important that you find a successful Colorado DUI attorney to represent you. The consequences are seriously increased with each DUI a person receives, and an attorney is your best chance of receiving the minimum penalties should you be found guilty of a DUI.

Fines

The minimum fine given for a second DUI in Colorado is $600. Rarely will you skate by with just the $600 fine though. Fines as high as $1,500 are possible for a second DUI, and many judges will go for the toughest penalties in an attempt to prevent future DUIs.

Jail Time

A second Colorado DUI will require a minimum of 10 days served in jail. However, the maximum sentence is one year of jail time. During the time served, you cannot use or earn time off for good behavior.

Probation Requirements

In addition to time spent in jail, a person convicted of a second DUI must have two year of probation as a minimum. The maximum amount of probation is five years.

Additional Expenses

In addition to the fines, a person with consecutive DUIs will incur court costs and attorney fees. If damage was done to a person or property during the DUI, you may also have to pay restitution. Most DUIs come with a list of required treatment programs, and each of these will have a cost associated with them.

Researchers Claim Accident Rates Lower in States with Legalized Medical Marijuana

Many news stories and opinion pieces have been circulating the newspapers and Internet, discussing driving while under the influence of medical marijuana in Colorado. The sheer number of articles available on this topic would make you think that medical marijuana is causing an alarming number of accidents on our roadways.

You might be surprised to find out that the opposite might possibly be true. Recently, two Montana State University professors conducted a study comparing the number of vehicle accidents in states that have legalized medical marijuana and states that have not passed legislation permitting medical marijuana. They compared state-level data from reputable sources, including the National Survey on Drug Use and Health.

The results from their research was surprising, even to the researchers. States that have legalized medical marijuana, such as Colorado, saw a sizable decrease in traffic accidents. The average decrease was over nine percent.

When asked to explain why these statistics might be as they are, the researchers speculated that young people in these areas were likely less likely to drink and drive when they had access to marijuana. They also cited the possibility that those that use marijuana may be less impaired behind the wheel, and therefore less likely to be involved in accidents.

According to Daniel Rees, one of the two professors involved in the research. “The result that comes through again and again and again is that young adults drink less when marijuana is legalized and traffic fatalities go down.”

Many critics disagree with their findings, but it is interesting food for thought. What do you think?

Medical Marijuana and DUI Law

Research has shown that patients that have prescriptions for medical marijuana are considered “chronic” users and thus have a higher tolerance level than those that use the drug recreationally. This may not seem like a big deal, but it could have some serious repercussions in January if the Colorado legislature sets the law that limits the amount of TCH nanograms that drivers can have in their systems to be considered driving under the influence.

In 2011, law makers could not come to an agreement on the amount of TCH that would qualify a driver as too impaired to drive. They considered levels between 2 nanograms and 8 nanograms. While a recreational user of cannabis may be seriously impaired with 2 nanograms in their system, a person that medicates regularly and has a Colorado Registry Card may not feel the effects of 2 nanograms, let alone be impaired behind the wheel.

If a TCH level is passed by the legislature, you will be presumed to be driving under the influence of drugs, and the results of the test that detects the THC nanograms will be used as evidence against you. The result could be automatic loss of license, without tolerance taken into consideration.

Drivers charged with a driving under the influence of drugs charge in Colorado face two separate cases. The civil case is handled by the DMV and can result in the loss of license, while the criminal case is handled in a criminal court room and the judge can choose to require time spent in jail.

If you are accused of driving under the influence of drugs and have a Colorado Registry Card, seek the help of an attorney that is experienced with medical marijuana DUI cases.

 

Not All DUI Cases Are Cut and Dry

It seems simple enough. You drink, you get behind the wheel of a car, you get pulled over, you take a field sobriety test and you get charged with a DUI. It happens every day in Colorado, but even more so during the holidays. What you might not realize, is that the reports police officers write may contain inaccuracies.

Such was the case with eight DUI cases that were recently dismissed after internal investigations prompted the dismissals earlier this month in Mesa County. More dropped cases are expected as attorneys review the cases involving a particular now ex-police officer that was dismissed on December 1^st due to “displayed bias” in situations where the officer was the sole witness on the scene of a DUI.

The vast majority of officers making our roadways safe are credible, and report details exactly as happened. However, it’s worth looking at the report to see if discrepancies exist. If they do, and you have not yet contacted an attorney, you should do so right away.

In some of these cases, on dash cameras will clearly show the inaccuracies, in other cases it may be the word of an intoxicated driver versus the credibility of the police. Regardless, your chance of receiving reduced penalties is significantly higher when you are represented by an experienced Colorado DUI attorney.

Talk about Bad Luck! Longview Man Plows Police

Sometimes you hear about an alleged drunk driving accident wherein nobody got hurt, that just reeks of bad luck to the point where even though you know the poor guy on the receiving end was entirely in the wrong, you can’t help but feel just a little bad for him.  Even a Denver DUI attorney has to get a chuckle out of such stories.  In fact, just such a thing happened on November 8 outside of a Longview, CO, bar.

A man had allegedly been evicted (“with difficulty,” according to bar owners) from the bar after a night of heavy drinking.  He got into his car—never a good idea when you’ve been drinking—and left the bar, driving at about 10 miles per hour.

When police tried to engage the man to make him pull over, one pulled up behind him and one in front.  Instead of pulling over, he drove his car directly into one of the police vehicles…and then backed up and hit the one behind him!

If there were a portrait of how to make a bad situation worse, this would be it. This is a guy who sorely needs to obtain the services of a good dui lawyer, because there’s going to be consequences far beyond your usual driving while intoxicated conviction, if indeed he is found guilty of said charge.

In fact, things get worse for the driver, whose name has not been released. Police have said that he is an habitual offender, with over twenty-five past violations, as well as current restrictions on his license.

Drunk driving, of course, is no laughing matter, but when something like this happens, there’s so much bad luck involved (along with bad judgment) that one can’t help feel just a bit of pity for the alleged offender.

Judge Permits Challenged Evidence in Fatal DUI Case

A judge in the trial of Pittsburgh-area native Christa Logue recently suppressed a motion to deny statements made during a police interview as evidence against the woman. Judges all over the country are cracking down on drunk driving cases, and whether you live in Pittsburgh, New York, or Castle Rock, DUI laws are nothing to sneeze at. If the case were under Colorado DUI law jurisdiction, whether a Castle Rock DUI attorney would’ve gotten the evidence dismissed or not is academic; the truth is, every attorney faces victories and defeats both small and large.

On August 1, 2010, a Pittsburgh-area woman named Christa Logue was arrested and charged with the death of her own son during a DUI-related accident. Following her release from emergency medical treatment, she allegedly made detailed statements to the police regarding the alcohol she had consumed that night, recanting an earlier claim that she hadn’t drunk at all.

Laws regulating driving under the influence vary from state to state. Colorado express consent laws state that just by getting behind the wheel of a car, you consent to blood or breathalyzer tests if the officer has probable cause to believe you are under the influence. Miranda laws, on the other hand, are federal, and in this case the argument was that Logue was not in her right mind to voluntarily waive her right against self-incrimination. The judge, however, disagreed.

We have to presume that the decision was predicated upon Logue being read her rights prior to the interview; otherwise any competent criminal law attorney would have solid ground upon which to challenge her admission. As it is, the case against Logue is harsh; she is charged not only with DUI, but with homicide by vehicle while under the influence, and endangering a child.

Charlottesville Businessman Sentenced in DUI Manslaughter Case

What makes drinking and driving a dangerous combination is the fact that you’re not completely aware of your actions until you sober up and learn that your actions injured or killed someone. At that point you can’t undo what’s already been done, and all the apologies in the world will never be enough for the persons your actions harmed. A businessman in Charlottesville, Virginia stood in a courtroom and expressed sincere remorse for driving drunk one day in October 2010 and killing an aspiring winemaker.

The Daily Progress recently reported that the 59-year-old suspect was driving on a city highway when he lost control of his vehicle. He crossed the center line and into the path of the victim’s motorcycle, throwing him from his bike. He died at the scene. Police found an empty liquor bottle and receipt showing he had purchased the liquor from a store earlier that day. The suspect had a blood-alcohol content of 0.111, which exceeded Virginia’s legal limit of 0.08. He was arrested and later plead guilty to DUI manslaughter.

The suspect was sentenced to 11 years in jail, 8 years of which were suspended. Therefore, he will spend three years in jail. He was also put on probation and ordered to remain on good behavior for 10 years after his release. He was prohibited from driving for a year after his release and was ordered to attend Alcoholics Anonymous meetings.

In court, the suspect read a statement apologizing to the victim’s family for his actions. His wife had testified that she had no knowledge of her husband’s drinking. The suspect had no previous criminal history and a good driving record before his arrest. This suspect had no intention of harming anyone, and he certainly didn’t anticipate ever having to retain a criminal defense attorney. It just goes to show what the decision to drink and drive can cost you.