Afew weeks ago, we wrote our first installment of 10 DUI and DWAI facts in Denver. Today, we're going to take a look at the remaining five facts you need to be aware of in DUI and DWAI cases in Denver, Arapahoe, and El Paso County.
A First-Time DUI Arrest Doesn't Always End with Jail Time
Just because you were arrested for a DUI or DWAI doesn't mean you will go to the Douglas County Jail. Colorado law proscribes the minimum punishment as ten days in jail for the first DUI, but the law allows a judge to suspend the jail time if you take an alcohol evaluation, and follow the recommendations. As top DUI defense attorneys, we have many cases where first-time DUI and DWAI offenders don't spend any time in jail after their sentencing.
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You Can Help the DA Convict You: Don't Do It
If you are arrested for Driving Under the Influence (DUI), you are required by law to take the Express Consent Blood Alcohol Content Test. There are a few things you aren't required to do, which will only help you get convicted. These are:
- Don't volunteer to take the Portable Breath Test (PBT) at the roadside. This is voluntary, and should always be refused.
- Don't participate in voluntary roadside maneuvers – they are not required and should always be refused.
- Don't answer the police officers questions regarding your drinking in the past few hours.
- Don't talk about how sober (or not) you are.
- Don't roll your window all the way down when speaking with the officer – they will be able to observe you more closely and could smell your breath.
- Don't get out of the car, unless you are ordered to because you are being placed under arrest.
- Don't talk about where you came from, or where you are going.
In other words, don't give any information to the Denver police. They are only trying to gather information so the District Attorney can convict you of DUI or DWAI in Adams, Larimer, and Jefferson County.
Avoid Attorneys Who Are Quick to Have You Plead Guilty
Many DUI and DWAI defense lawyers are quick to have their clients plead guilty in their case. This is not a good idea, because evidence can trickle in slowly. You need to wait until all the evidence is received to determine your course of Wise attorneys wait for all the evidence.action. Often, DUIs and DWAIs aren't as high of a priority in the court system. Dockets are full, and DAs simply don't have the time to take every case to trial. Your best course of action is to work with an attorney who understands the importance of waiting for the evidence before working out a favorable plea agreement.
You Can Beat a DUI or DWAI Stop – Even if there is Evidence
Many people don't think they have a chance in their DUI or DWAI case because their blood alcohol content was above the legal limit. We are here to tell you that Express Consent BAC test results can be beat in court. Here are a few examples of a good defense:
- Was the traffic stop legal? If the police officer pulled you over without “reasonable suspicion” of criminal activity, the case can often be dismissed.
- Was there sufficient evidence for your arrest? If a police officer arrests you without enough evidence to support the probable cause threshold for DUI and DWAI cases, your case can possibly be dismissed.
- Did the police officer correctly read you the Express Consent Law? This is a common error for police officers in the Denver area.
- Were the Intoxilyzer 9000 breath tests kept or complete? If key information has been lost, damaged, or incomplete, a case can possibly be dismissed.
- Have the inaccuracies of the breath tests been explained to the jury? The science behind breath tests has some inherent inaccuracies which need to be explained to the jury.
Inaccuracies of the Intoxilyzer 9000 Breath Testing
There are inherent flaws to the breath test machine used in Colorado. There are a few assumptions which are programed into the machine. These are:
- Standard Body Temperature: The Intoxilyzer machine assumes that a person's temperature is at a normal level, and doesn't consider whether a person is cold-blooded, or has a fever. Each degree of body temperature variation causes a percentage change in the test result.
- Effect of Alcohol is the Same for Everyone: The Intoxilyzer machine assumes that 210 liters of breath contain the same amount of alcohol as 100 milliliters of blood. Thus, the formula is that the partitioning of alcohol from the blood into the breath is 2100:1 (for every 2100 parts of ethanol in the blood, there is one part ethanol in the breath). The problem with this assumption is that each individual partitions alcohol from their blood at different ratios. They can vary from 834:1 to 1:3400. This is affected by body weight and sex. The breath testing machine also doesn't test each individual's partition ratio. This results in an inaccurate indicator of a person's true blood alcohol content level.
Why You Need a DUI and DWAI Lawyer
If you have been charged with a DUI or DWAI in Denver, Highlands Ranch, or Aurora, you need to contact a reputable criminal defense attorney immediately to begin your defense. A DUI or DWAI conviction can never be sealed, and a Don't ignore the charges against you – fight to protect your future!criminal record can be extremely damaging to your future. Don't ignore the charges against you, or accept a plea deal to avoid jail time. Work with one of our attorneys who have court experience and extensive understanding of criminal law. We work hard to get our clients the best possible outcome in their cases.
Get Help Now
If you or a loved one has been charged with a DUI or DWAI in Colorado, be smart, exercise your right to remain silent, and contact an experienced criminal defense lawyer at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we will protect your future.Request a Free Consultation
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