Whether or not you have been charged, every driver in Denver, Adams, and Jefferson County needs to be aware of the law related to Driving Under the Influence (DUI). In this blog post, I'll discuss the top ten DUI facts we tell our clients when they contact us regarding DUI or DWAI charges.
Reasonable Suspicion: Police Must Have a Reason
Police officers in Arapahoe, Larimer, or Douglas County must have a legal reason to pull you over. They must have evidence you were doing something illegal, such as swerving, running red lights, or other erratic behavior. This evidence is “reasonable suspicion of criminal activity.”
Probable Cause: Police Must Have Evidence to Arrest You
In order to make an arrest after a traffic stop, a police officer must have enough evidence to believe you have committed a crime. This is called “probable cause.” Probable cause is established by evidence obtained by the police – the officer will observe you closely after he has pulled you over. Because of this, we advise our clients to interact as little as possible with the police. Be respectful, and have your insurance and registration ready, Portable Breath Tests (PBT's) are also voluntary.but only roll down your window a few inches. Also, if the officer requests that you complete roadside tests, or do a Portable Breath Test (PBT), politely refuse. These tests are voluntary and inaccurate. They are only used to gather evidence against you – not for you.
Being Over the Legal Limit Doesn't Mean You're Drunk
Your DUI case isn't over if your Blood Alcohol Content level (BAC) is over the legal limit of 0.08. People handle alcohol much differently, and many men and women are able to complete field sobriety tests while over the People handle alcohol much differently.legal limit. They may not have slurred speech or be unable to walk a straight line. If your BAC is over .08, don't walk into court and plead guilty. There are many different aspects involved in DUI cases. An experienced criminal defense attorney knows that the minimum BAC .08 level is only a “permissible inference” and can be refuted in court.
Roadside Tests Aren't Reliable and Are Voluntary
Police officers usually base their decision to arrest someone for DUI on field sobriety tests. These tests include the walk and turn, walking a straight line, saying the alphabet backwards, and the Horizontal Gaze Nystagmus. These tests are voluntary, and we advise people to decline to participate. This is because each of the tests can be failed for many reasons. A police officer's decision to make an arrest shouldn't be based on inaccurate test results.
A Test You Shouldn't Refuse: Express Consent Test (ECT)
There is one test you shouldn't refuse: This is the Express Consent blood or breath test. When you received your driver's license, you agreed to perform a blood or breath test if you were arrested under suspicion of Driving While Ability Impaired. If you refuse this test, your license will be automatically revoked for 1 year. Also, the prosecution will infer that the reason you refused the test is because you knew you were over the legal limit. Because of this, it is generally in your best interest to agree to take the test.
Why You Need a Lawyer for a DUI or DWAI in Denver
If you have been charged with a DUI or DWAI in the Denver area, it is important that you contact an experienced criminal defense attorney immediately. A DUI or DWAI conviction can never be sealed. Having a criminal record is extremely detrimental to a person's life. Your driving privilege and insurance rates could be affected. Don't put your future in the balance; contact an attorney who understands criminal law and will fight to protect your future.Don't put your future in the balance.
Contact an attorney for DUI charges.
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