Any person under the age of 21 who possesses of consumes alcohol in Colorado can be charged with minor in possession if caught. A first or second MIP conviction carries a fine, public service and driver's license revocation. For three or more MIPs the charge is a class 2 misdemeanor.
A past criminal conviction even for a minor offense may pose difficulties when looking for a job. For one recent graduate the lesson was painful. The graduate received a great job offer contingent on a criminal background check. When a past MIP conviction appeared on his record, the offer was rescinded.
The use of background checks has exploded. Almost every job offer is contingent on a criminal background check. Some employers also require credit checks and drug screens. A recent Associate Press survey found that half of recent grads under the age of 25 cannot find work or are underemployed. In this hiring environment, employers only need the slightest reason to eliminate a candidate.
]]> Sealing RecordsBefore starting the job hunt consider whether a past criminal conviction might hurt your chances. For MIP cases that result in Deferred Prosecution or Deferred Judgment the record may be sealed after completing an alcohol class or after nine months. If you pled guilty, you can petition to have the record sealed one year after the guilty plea as long as you have not been charged or convicted of any crimes during that year.
After receiving a court order to seal the record, you must send the order to listed agencies, so they know to seal your record.
Consumer advocates warn that background-check data may not always be correct. Data might be pulled from online public records, private vendors and jails. Once something is in the public domain it may be hard to remove. Further, if erroneous information appears on a background check you need to know and fight to have it corrected.
Source: Monster.com, "Don't Let Your Past Haunt Your Job Search," Dona DeZube
]]>For example, a Colorado college student with leftover prescription Percocet following a knee surgery might think it is okay to share a couple pills with a roommate who has just has a root canal and is in pain. However, if the students are caught sharing the prescription by a resident advisor or law enforcement, a Boulder college student drug charge could result.
Colorado law makes it illegal for a person to knowingly possess a controlled substance. Percocet contains Oxycodone (an opiate used to relieve moderate to severe pain) and acetaminophen. Oxycodone is a controlled substance. If the unsuspecting student was caught in possession of several Percocet pills without a prescription, he or she could be charged with a felony.
The severity of the felony charge is based on the weight of the pills. Less than one gram is a class 6 felony. More than one gram is charged out as a class 4 felony. If, for instance, several pills weighed 1.03 grams the more serious charge could be filed by the prosecutor.
]]> Schools Zero-Tolerance PoliciesThe problem of prescription drug sharing is not unique to college students. Many schools have also added zero-tolerance policies to combat the sharing of prescriptions between younger students.
Recently, a 13-year-old Colorado middle school student was suspended for 10 days after sharing her inhaler. The young girl's friend began to have an asthma attack after running in gym class. The friend's inhaler had run out, so she shared her inhaler after her friend motioned she could not breathe.
For the student trying to help a classmate, suspension came as a surprise. However, schools are trying to avoid dangerous situations that might arise when students share prescription medication.
The penalties that can come from a seemingly innocent act of helping a friend by sharing medicine can be severe and should discourage anyone from sharing prescription medication.
Source: KOAA.com, "13-year-old suspended for sharing inhaler," Carolyn Carver, Jan. 26, 2012.
]]>Many people's understanding of their rights is blurred by TV crime dramas and sensational news stories. Whether or not you think you have something to hide, it is important to know what your rights are when asked to be searched.
The Fourth Amendment protects you against unreasonable searches and seizures. Unless the police have substantial evidence to believe that you have committed a crime, they must ask your permission before they search you or your property.
The Constitution gives you the right to refuse police searches anywhere, except when crossing the border and when going through airport security.
]]> Refusing a Search Can Protect YouIf the police search you without having evidence and without your consent and find anything illegal, refusing a search can protect you later in court. If the police cannot prove that the search was based on evidence indicating your involvement in a crime, you might be able to win your case.
Moreover, police routinely ask to conduct searches when they have no evidence of your being involved in wrongdoing. If you refuse the search, the officer will often not continue with the search, as nothing that may be found could be used against you in court.
A vehicle search alone may take more than 30 minutes. While a search of a home can take much longer. In addition, during the search itself, officers do not have to be especially careful with your property or valuables and do not have to return everything to its place.
When faced with a search request, knowing and asserting your rights can help you from unknowingly getting into a bad situation.
Source: Huffington Post, "5 Reasons You Should Never Agree to a Police Search (Even if You Have Nothing to Hide)," Scott Morgan, Feb. 21, 2012.
]]>Formal sexual assault charges were filed against the coach, who was due in court on December 28. However, the coach did not show up at the scheduled appearance and the judge issued a bench warrant for his arrest. The coach has not been seen since he posting bail.
]]> Allegations of Sexual Assault Can Tarnish a ReputationThe coach is accused of sexually assaulting a 17-year-old girl who attends the school where he works. According to prosecutors, the alleged assaults occurred several times from December 2010 to May 2011. At the time, he was coaching both the boys and girls cross country teams. Police did not disclose whether or not the victim was a member of the team.
Prosecutors must prove a number of things before obtaining a conviction. Sexual assault is defined as any unwanted or nonconsensual sexual contact. First and foremost, prosecutors must prove that the victim did not give or was unable to give consent. There may also be factors that provide the coach with a defense.
If convicted, penalties for sexual assault can vary greatly depending on the particular facts of the case and the parties involved. In Colorado, those penalties can include fines and court fees, jail times, probation and community service.
Sexual assault charges alone have the potential to ruin a reputation for a school teacher or coach. If facing sexual assault charges an experienced criminal defense attorney can advise of rights and possible defenses.
Source: CBS Denver, "High School Coach Charged In Sexual Assault Case Has Disappeared," Dec. 28, 2011
]]>Using a fake ID to get into a bar or buy liquor is a crime in Colorado and in many other states. A recent bust in a Georgia college town reveals a related crime that some students could be charged with: providing fake drivers licenses or other identification to fellow students.
]]> The investigation of five students at the University of Georgia and Gainesville State College came after one freshman student complained to her resident assistant about her roommate. The RA passed along allegations to university police, who eventually seized computers, iPhones, hologrammed laminates, magnetic strips and other materials used to create IDs from several states.One student was arrested on felony fraud charges of making and selling fake IDs, and the others may still face charges. Early in the investigation, campus police announced an amnesty program to encourage students with fake IDs to turn them in, which allowed them to add more than 300 samples of student ID fraud to the evidence.
Boulder police have reported a significant increase in recent years in the confiscation of ID cards at liquor stores, restaurants and drinking establishments. When that leads to further legal consequences for a student at CU, our Boulder criminal defense attorneys can provide targeted advice about strategies for avoiding a criminal record or disciplinary action from the Office of Student Conduct.
Source: Red and Black.com, "University police uncover fake ID network," Wil Petty Jan. 8, 2012
]]>While medical marijuana is legal in Colorado, the law does not allow the use of marijuana while in a vehicle, and driving while under the influence of marijuana (DUID) is illegal. In Colorado, a driver convicted of first-time DUID may be sentenced to large fines and jail time. In addition, driving privileges may be lost.
Driving while under the influence of marijuana or alcohol can have life altering consequences. Plan a safe way to get home before celebrating. Public transportation and walking are safe options for getting home. When a plan is not in place, paying for a cab after a night out may be one of the best investments you can make in your future.
Source: Slate, "DWI Versus DW-High," Brian Palmer, Nov. 30, 2011
]]>The woman initially sold two pounds of marijuana to the informant. Then she arranged to sell the informant another 10 pounds. During the transaction, the woman admitted to significant illegal behaviors. For example, when the informant mentioned that he intended to take the drugs to Missouri, the woman detailed her experiences transporting drugs across state lines. The woman now faces six felony charges related to her arrest.
]]> Colorado Marijuana Violations Carry Severe PenaltiesBecause Colorado allows the use of marijuana for medical purposes, many residents assume police will be lax in enforcing the state's marijuana laws. This is not true.
Violations of Colorado marijuana law can come with severe penalties. Although it is true that the possession of two ounces of marijuana or less is treated as a petty offense, people caught using or displaying any amount of marijuana in public can be sentenced to jail time. Get caught with more than a half-pound and you could find yourself facing felony charges and several years in state prison.
Stiffer penalties exist for marijuana cultivation or sale crimes. The sale or cultivation of any amount of non-medical marijuana is a felony punishable by prison time. If the sale occurs within 1,000 feet of a school or public housing development, the minimum prison term automatically increases.
Do not take risks with your future by falling into the mistaken assumption that you cannot get in trouble for possessing or selling marijuana.
Source: The Daily Camera, "Veronica Carpio, Ex-Lafayette Dispensary Owner, Facing Marijuana Distribution Charges," Mitchell Byars, Nov. 2, 2011.
]]>When the summer DUI campaign, 100 Days of Heat*, ended in September, another campaign started. The increased drunk driving enforcement this fall will continue until October 24, 2011. It seems there is no relief from the pressure police officers are placing on drivers throughout Colorado.
Between September and October, there are many events involving alcohol, including football tailgating, Oktoberfest, homecoming, fall wine tastings and college parties. These events can often contribute to drunk driving, as people go home believing that they haven't had "one too many." Unfortunately, the decision to drive can also lead to a DUI charge, especially with police officers heavily patrolling for drunk driving.
]]> Many people charged with Colorado driving under the influence (DUI) or driving while ability impaired (DWAI) never meant to break the law. They simply wanted to get home after a party or other alcohol-related event and believed they could make it there without difficulty. Perhaps they were stopped at a DUI checkpoint or were pulled over for speeding or weaving in traffic. Whatever happened, they now find themselves facing large fines, jail time, community service, driver's license suspension and other possible penalties.Even a first DUI (which means driving with a blood alcohol content - BAC - of at least .08) can lead to nine months license suspension, eight driving record points, and up to one year in jail, $1,000 in fines and 96 hours of community service. However, everyone who is charged with DWAI or DUI can face different penalties, depending on the facts surrounding their arrest, their criminal history, and the effectiveness of their Colorado criminal defense lawyers.
* During 100 Days of Heat, which lasted from Memorial Day to Labor Day, there were more than 2,500 drunk driving arrests, which is down from last summer's 3,531 arrests.
Source: Aurora Sentinel, "As Summer Crackdown Ends, Colorado Police Begin New Drunk Driving Campaign,"
]]>Now, a DUID working group set up by the Colorado Commission on Criminal and Juvenile Justice (CCJJ) has decided against proposing THC driving limits. A member of the working group, Michael Elliot, made a statement to the Denver Westword:
"The science does not support a five nanogram per se limit. Rather, a five nanogram per se limit would criminalize the unimpaired, while offering defendants little opportunity to demonstrate their innocence."
]]> Driving under the influence of drugs currently falls under the same statute as DUI (CRS ยง 42-4-1301): "It shall be sufficient to describe the offense charged as 'drove a vehicle under the influence of alcohol or drugs or both.'" DWAI also pertains to both alcohol and drugs. Thus, DUID defendants face many of the same potential consequences as DUI and DWAI defendants.However, drugs are not as easy to test as alcohol. Inactive THC metabolites can be present in a marijuana user's blood five weeks after marijuana use. This means that mere presence of THC does not equate to driving under the influence of drugs.
Colorado was one of the first states to attempt to limit THC blood content. The discussion around HB1261 centered mostly on medical marijuana users. If someone used medical marijuana legally, should he or she be punished for driving some days after using the drug? Yet, there are also wider implications. Who is truly a threat on the road? What scientific evidence should be used when developing criminal laws?
If you have been arrested for DUID in Colorado, call a DUID defense lawyer as soon as possible. Your future matters.
Source: Denver Westword, "Medical Marijuana Industry Group Comes Out Against Per Se THC Driving Limits," Michael Roberts, Sept. 2, 2011.
]]>Those contending with DUI charges face a range of potential penalties, depending on which state the driver was in when the event occurred. While the lawmakers in states with harsher penalties want to send a message to drunk drivers, research shows that jail time for a first drunk driving offense has little deterrent effect on people's behavior.
]]> DUI Inconsistencies Across State Lines, in CourtsThe possibility of going to jail for a first-time drunk driving conviction varies across the states. Alaska, Tennessee and Georgia all require jail time for a first drunk driving offense; California, Connecticut and Indiana do not have mandatory minimum sentences for drunk driving convictions.
One need not even look across state lines to find inconsistencies in drunk driving penalties - sometimes, the penalties vary depending on where inside a state a driver is convicted of DUI. Colorado has mandatory minimum jail terms for first time drunk driving offenders. These jail terms range from two days to one year.
However, judges have the discretion to waive some or all of the sentence if a defendant agrees to abide by the terms of probation. The likelihood of getting a jail sentence varies based on what judge presides over a DUI case and the defendant's BAC at the time of arrest. The criminal defense lawyer a defendant hires can also influence the results of a case.
In addition to variations in the potential for getting a jail sentence, other penalties for drunk driving - such as loss of driver's license, ignition interlock requirements and fines - vary from state to state. In Colorado, a first time DUI conviction results in a nine-month driver's license suspension and a fine of $200-$500.
Harsher DUI Penalties May Be Ineffective
Some believe that the harsher penalties, like mandatory jail time for first drunk driving offenses, will deter people from doing it again. However, the idea that jail time will "scare offenders straight" is not supported by research. The sentencing guidelines that the National Institute on Alcohol Abuse and Alcoholism issued to drunk driving courts nationwide noted that jail terms are enormously expensive and not any more effective at eliminating recidivism than other sanctions like ignition interlock and driver's license suspension.
With the wide variations in drunk driving penalties authorities impose across states - and sometimes within states - it is easy for people to get confused about what will happen if they are facing drunk driving charges. If you find yourself facing DUI charges, it is important to consult with a Boulder DUI attorney who can advise you of your options and protect your best interests.
Source: USA Today, "Drunken-Driving Penalties Could Depend on Your Location," John Wisely, July 28, 2011.
]]>This year's 100 Days of Heat continues through Labor Day. Until then, law enforcement will use saturation patrols, drunk driving checkpoints and other extreme measures to find and arrest alleged drunk drivers.
]]> DUI Checkpoint ColoradoDUI Checkpoint Colorado is one of the particularly visible programs involved in 100 Days of Heat. You may have seen sobriety checkpoints throughout Colorado this summer, including DUI checkpoints in Boulder, Denver and Colorado Springs.
Over the Fourth of July alone, 100 law enforcement agencies increased their DUI patrols, arresting 593 people for alleged drunk driving. Seventy-two of those arrests happened at sobriety checkpoints.
Defending Against Colorado DUI Charges
Drunk driving charges should never be taken lightly. If you have been arrested for drunk driving during the 100 Days of Heat, contact an experienced Colorado DUI defense attorney as soon as possible. If convicted of DUI, you may face extensive jail time, driver's license suspension, fines, probation, alcohol education courses, community service and the required installation of an ignition interlock device.
A criminal defense attorney can work to minimize the consequences of your charges, whether you are facing charges for driving while ability impaired (DWAI), felony DUI or anything in between.
]]>During these 100 days, there has been and will continue to be increased sobriety checkpoints, where police officers randomly pull over drivers and test them for DUI. If the officers suspect drunk driving, they can perform field sobriety tests and other tests. On the evening of the first day of the campaign, officers arrested 15 people for DUI in Colorado Springs. That same weekend, more than 1,082 vehicles were pulled over and 25 people arrested in Fort Collins.
]]> Are Sobriety Checkpoint Stops Legal?The Fourth Amendment of the United States' Constitution forbids unreasonable searches and seizures. This means that police officers can typically only search someone's property, such as his or her vehicle, if the search is "reasonable."
According to the United State's Supreme Court, DUI checkpoints are legal - the public interest in reducing drunk driving is greater than the breach on individual rights that the checkpoints create. While some states consider sobriety checkpoints unreasonable and thus forbid them, Colorado does not. Under current case law, there is very little you can do to challenge a Colorado sobriety checkpoint, no matter how unconstitutional it may seem.
What, then, are your options if you are arrested for DUI at a sobriety checkpoint? Just like any other drunk driving criminal case, the best thing you can do is hire an experienced Colorado DUI defense attorney. An attorney can help you investigate your charges and determine what defenses are available to you. Was the field sobriety test performed correctly? If you breathed into a Breathalyzer, was it working properly? If the evidence against you is strong, you may be able to reduce your charges or fight to keep yourself out of jail through alternative sentencing.
]]>The Colorado Department of Transportation created the free "R-U-Buzzed" app to provide people who drink a simple way to see whether they ought to drive themselves home. While the app does not claim to be foolproof, it offers insight into a drinker's likely BAC.
The app makes its calculation based on the:
Avoiding a DUI / DWAI Conviction
A below-the-limit BAC is not a guarantee of unimpaired driving - indeed, you can be charged with Driving While Ability Impaired (DWAI) at 0.05 BAC - but knowing your likely BAC can help you make the decision about whether to drive. Driving with a BAC of 0.08 percent or higher in Colorado means you could be presumed to be driving under the influence of alcohol.
A conviction for DUI (also known as DWI) or DWAI in Colorado can have serious consequences, including license suspension, fines, court costs, jail time, community service, probation and the required installation of an ignition interlock device.
Drivers who are arrested for DUI should consult a Colorado drunk driving defense attorney. A DUI attorney will work to preserve and protect your rights.
]]>The medical marijuana debate continues more than ten years after Colorado voters legalized medical marijuana. Enacted on June 1, 2001, Amendment 20 to the Colorado Constitution allowed for controlled medical marijuana possession, use and cultivation. On June 7, 2010, the Colorado Legislature signed significant changes into law through House Bill 1284. The bill stopped the formation of new medical marijuana dispensaries and gave local municipalities the authority to ban dispensaries within city/town limits.
]]> The Effects of Local Bans on Medical Marijuana DispensariesSince House Bill 1284, many towns and cities throughout Colorado have elected to ban medical marijuana dispensaries. Grand Junction and Castle Rock join Superior, Hayden, Kremmling, Broomfield and many others.
The local municipalities' ban of medical marijuana is one part of a continually-evolving debate about medical marijuana. Those in favor of the Grand Junction and Castle Rock bans claim that medical marijuana has gotten out of control, with growing numbers of illegal marijuana distribution cases and poor regulation of dispensaries in Colorado cities. There are more than 700 dispensaries in the state and more than 250 in Denver alone. However, the demand for medical marijuana is also growing. According to the Colorado Department of Public Health and Environment, there are nearly 125,000 patients using medical marijuana in Colorado for legitimate illnesses.
Because the ban goes into effect immediately, medical dispensaries in Castle Rock and Grand Junction must close their doors. Dispensaries that continue to operate in the municipalities could face large fines and other legal action. Individual caregivers may still give medical marijuana to five patients in those cities and throughout Colorado.
]]>THC is the substance in marijuana that gives the drug its psychoactive effect. The substance has been the subject of the medical marijuana debate but has been accepted by many medical experts as useful in treating nausea and glaucoma and in stimulating the appetites of AIDS and cancer patients, among other reputed uses.
]]> Colorado is among the first states to attempt to limit the amount of THC that drivers can have in their blood and still legally drive. Proposed House Bill 1261 sets the THC limit at five nanograms (ng/mL) or more in order for an individual to be charged with a DUI. The bill is being vigorously opposed by the Cannabis Therapy Institute, an advocacy group for medical marijuana that questions the correlation between the small amount of THC set forth in the bill and impaired driving.The group has pointed out that a 2004 study by the National Highway Traffic Safety Administration reported that chronic marijuana or cannabis users typically demonstrate a much higher concentration of THC in their blood than five ng/mL and that this level does not necessarily cause impairment. There are 12 states with a zero-tolerance approach to the presence of any drug in a driver's system, while Nevada and Ohio have a two ng/mL limit.
Medical marijuana advocates fear that the low THC level would inhibit medical marijuana users from using the drug since they will typically have much higher levels of THC in their blood. They also contend that medical marijuana users have developed such high tolerance levels that they are able to drive unimpaired at levels well above the proposed five ng/mL limit. Another concern is that the law will lead to medical profiling, as officers would concentrate on individuals known to use the drug for medical reasons.
The law's proponents say that the legislation would not change how law enforcement approaches motorists. Further, someone would have to have smoked high-potency marijuana immediately before testing to achieve a level of five ng/mL. The bill is not yet in committee and is expected to stimulate much more comment in the coming weeks.
Source: Huffington Post "THC Limits for Drivers Proposed in Colorado Legislature," 2/17/2011
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