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Boulder Legal Issues Blog

What are the potential consequences for a DUI charge in Colorado?

Every year in Colorado, thousands of people are pulled over and arrested for driving under the influence or driving while ability impaired. During the holiday season, police are going to be out in full force, looking for signs of drivers who may have had a few drinks with friends or family.

Since so many drivers end up in this situation -- and almost everyone knows someone with a DUI or DWAI on their record -- many people mistakenly think that a drunk driving charge is not a big deal. This assumption could not be further from the truth.

Understanding Domestic Violence

Dating abuse. Dating violence. Abusive dating behaviors. There are many words that we use to describe domestic violence. Many people think that domestic violence is rare, or that it is not something that occurs in their age cohort, the truth is that domestic violence occurs among college students too. College students can find unexpectedly find themselves the victims of domestic abuse.

Drug overdoses and drug charges

Colorado has seen changes to its drug laws in recent years, perhaps most notably in the area of recreational use of marijuana. Other recent changes have made the opportunity to seal convictions for drug-related offenses available to a wider range of people. Many courts and prosecutor's offices throughout the state have developed more sophisticated and effective ways to address drug-related charges. Still, Colorado's laws continue to impose serious consequences for drug possession and distribution. This evolving area of law reflects the criminal justice system's response to issues related to controlled substances in Colorado's communities.

An upsetting and unfortunate number of people pass away due to drug overdoses in the state of Colorado each year. According to the Colorado Health Department, preliminary data points to an increase in heroin and cocaine overdoses. Some say this increase is due to the crackdown on prescription painkillers, leading many users of hydrocodone and oxycodone to turn to other drugs.

Trump's opioid crisis panel calls for greater use of drug courts

Seven months ago, President Trump launched a commission to develop solutions to the worst drug crisis in American history -- opioids. The commission, led by New Jersey Governor Chris Christie, has just issued its recommendations. Among them are more training for doctors who prescribe the drugs, penalties for insurance companies that fail to pay for drug treatment, and the establishment of drug courts in all 93 federal court jurisdictions.

Drug courts are typically diversion programs. In exchange for successful completion of a supervised addiction treatment program, offenders can have their charges and/or sentences reduced or eliminated. The goal is to get desperate people the help they need to get off of the drug rather than pointlessly incarcerating them.

Colorado's Law Against Texting and Driving

In the last few years, texting and driving has become a focus of many transportation and police departments across the country. As studies continue to show distracted driving as a major cause of car accidents, many states have strengthened their laws prohibiting it. Colorado is no exception.

Should wiretap evidence be allowed when it exceeds jurisdiction?

The U.S. Supreme Court has agreed to hear an appeal of a 10th Circuit drug case involving wiretap evidence. A federal judge in the District of Kansas issued a wiretap order against two suspects, but the modern wiretap process allowed law enforcement to listen even when the phones were outside that district. Should a Kansas District wiretap order be effective wherever its targets travel? Should evidence collected outside of the Kansas District be allowed against the defendants?

The federal judge in Kansas issued the wiretap under the authority of the Omnibus Crime and Safe Streets Act of 1968, a law written long before modern cellphone technology. It authorizes federal judges to issue wiretap orders within their territorial jurisdiction. When all phones were land lines, there would have been no question of those phones moving outside the judge's jurisdiction.

When can police search an apartment?

On a day-to-day basis, most of us do not give the Constitution that much thought. We know it is there to guarantee and protect our rights, but outside of this, many of us simply go about our days without really thinking about it -- that is -- until we learn the police were at our son or daughter's college apartment.

Now, we do have a few questions.

3 steps to follow after an accident with an uninsured driver

Car insurance is one of those things that you pay for, but hope you will never need to use. The fact that you do pay for your insurance, though, makes it particularly frustrating when you get into an accident, only to learn the other driver was not insured.

In Colorado, the law states that every driver must have auto insurance. Specifically, each driver must have liability insurance. This covers property damage and bodily injury.

Understanding the risks of fake IDs

Parents never stop worrying about their children. Regardless of how grown our kids are, it is natural and normal to worry about what they are doing -- especially when they are off at college. And while we like to think that they are always making the right choice, the truth is that college is also a time when many young adults start to push boundaries and often make mistakes.

Drinking alcohol is almost a rite of passage for many in college. In fact, according to the National Institute on Alcohol Abuse and Alcoholism, of those asked in a national survey, close to 60 percent of students admitted to drinking at some point in the past month. A significant number also admitted to binge drinking during this same time period.

If you are stopped by police, know your rights

If you've ever been stopped by a police officer, you know how intimidating it can be. Even before the officer says anything to you, panic can quickly set in. At that moment, you may be trying to remember what you can and can't - or should and should not - say and do.

When you're not sure what to do, it becomes very easy to say or do something that can create bigger problems than you may be facing in the moment. Of course, the best way to avoid this situation is to know your rights and responsibilities when interacting with police officers.

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