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Breckenridge Criminal Defense Law Blog

Does one type of alcohol get you more drunk than another?

You did not have that many drinks, and you felt like you should still be well below the legal limit. However, the police gave you a breath test and said your blood alcohol concentration (BAC) was 0.09. You're now facing DUI charges, and you do not understand how.

Then you start thinking about exactly what you drank. Does that make a difference? Does the type of alcohol factor in? If you had gin and tonics, would it make you more drunk than beer, for instance?

Assault weapons banned in Boulder

Even though the state has not banned them and nothing has been done on the federal level, the city of Boulder proceeded with a ban. The Boulder City Council recently got to vote on it, and it passed unanimously.

Certainly, that does not mean it will stand indefinitely. Even before it passed, legal action had been threatened. There are those who believe that such a ban infringes on the Second Amendment, and they are threatening to sue. They also claim that the Colorado Constitution itself was violated by the new ban.

Does a restraining order include Facebook?

You are accused of domestic violence and your spouse takes out a restraining order against you. Nothing has been proven yet, but you know that you have to follow the order since violating it is a crime, even if you are later cleared of all of the original charges.

You know the basics. Do not go to your spouse's home. Do not call. Do not write letters. All communication is off the table. You must give that person space and keep your distance.

Do you have a prescription for that medication?

Colorado may have legalized the recreational use of marijuana, but that does not mean that its other drug laws don't remain in effect. The state diligently prosecutes people for drug crimes, and even if you are just visiting, you become subject to them when you crossed the state line.

Perhaps you injured yourself while skiing or participating in another of Colorado's numerous outdoor sporting activities. You didn't want to go to the doctor, so the friends or family you are staying with gave you a bottle of pain medication that is considered a narcotic. You don't think anything of it because it's a medical prescription, but if those pills aren't prescribed to you, you could find yourself on the wrong side of the law.

Man sentenced after deadly DUI accident

A man from Colorado will avoid jail time after being involved in a deadly DUI accident.

The accident happened in 2017. He attempted to make a left turn, but he turned in front of another man on a motorcycle. The crash killed the motorcyclist. He was just 25 years old at the time.

Police prepare for prom season drunk driving

Prom season is here, and police departments in Colorado are getting ready. They know that prom often leads to parties, drink and driving. They're paying extra attention to see if they can catch those who may drive under the influence, especially when they are underage.

One trooper said that prom did not just lead to drunk driving, but to an increase in distracted driving overall. Students are concentrating on having fun. Plus, young people as a group often struggle with distractions, so having so many of them on the road at the same time can be problematic.

Pros and cons of using marijuana in Colorado

If you were to list your favorite things about Colorado, many of its recreational amenities might come to mind. If you happen to be an avid skier, then the state's expansive slopes may be at the top of your favorite things list. Perhaps you enjoy living in Colorado because of laws that allow you use marijuana for recreational purposes. At least seven other states have adopted similar laws, and most people think more states will do so as time goes on.

Along with religion and immigration topics, however, discussing marijuana, more specifically, whether it is good or bad for your health and should or should not be legal, tends to incite contentious debate with strong opinions on both sides of the issue. If you smoke pot or use cannabis oil recreationally or medicinally, you'll want to be aware of your rights and have a clear understanding of the laws and regulations that govern such matters throughout the state. For instance, you can smoke it but may not drive a motor vehicle afterward.

Know your chemical testing rights before driving in Colorado

Have you ever experienced a time in your life when a seemingly routine or benign situation suddenly snowballed into a very serious problem? Such circumstances can be devastating under certain conditions. For instance, what if you are driving home after a social gathering at a friend's house and forgot that one of your headlights is out and that you intended to change it before driving to the party that evening? Most Colorado motorists would consider this a minor problem.

If you drive home anyway, assuming a cop will merely issue a warning if he or she pulls you over, you definitely wouldn't be the first person who has done so. That unexpected snowball (or avalanche) may hit, however, if the police officer doesn't even mention your broken headlight but instead, asks you to step out of your vehicle. This is usually a sign that the officer thinks you've committed a crime, likely, impaired driving. How well you understand your rights from that point on may significantly impact your future.

8 tips for effective anger management

Many domestic violence calls come in after a momentary lapse in judgment, often due to an emotional outburst. A discussion turns into an argument and then one person lashes out. They regret it forever, but it's too late by then.

To help you avoid this situation entirely, here are eight anger management tips:

  1. Talk about the way that you feel after you have calmed down.
  2. Do not say or do anything impulsively, instead choosing to slow down and think it through first. Often, just a few seconds can make a huge different in what you choose to do.
  3. Call time out on the argument. It may not be resolved, but you can put it off until a better moment.
  4. Work out and get exercise. Go for a run. Lift weights. Use physical activity to burn off energy and emotion.
  5. Let grudges go. When an issue is over, it's over. Don't keep it in the back of your mind for months, just to bring it out later.
  6. Think about why you feel angry, not just the fact that you do. Considering the root cause can lead you to a viable solution.
  7. Try to reduce stress. Take time to relax. Change the way you live even when you're by yourself.
  8. Break the tension before it builds too far. For example, humor often cuts through it and diffuses a situation. If you feel things getting worse, give it a try.

What is resisting arrest?

Resisting arrest sounds dramatic: Throwing punching, running away and physically trying to stop the police from taking you into custody.

But is it really that straightforward? Could something minor leave you facing charges for resisting arrest, even if you do not feel like that's what you were doing?

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