People don't often know how to respond when they get arrested for Driving Under the Influence (DUI). It can be difficult to know how to act when you know evidence is being gathered against you in Denver, El Paso, and Jefferson County. We've got some advice for you when it comes to DUI and DWAI traffic stops, roadside maneuvers, and breathalyzer express consent tests. We'll get to that advice in a minute, because there is one tip we really need you to listen to; whatever you do, if you are arrested and a breathalyzer test is administered, don't eat the test results. One out-of-state man tried to do just this, and as a result, was charged with multiple offenses.
Man Eats DUI Test Results: Multiple Charges Filed
According to the news, a man was arrested for driving under the influence of alcohol. He was taken to the police department, and submitted to a breathalyzer test. Apparently, when the results of the tests were printing out, the man decided to get rid of the evidence: He grabbed the paper, and tried to eat it. Obviously, this plan didn't help his case at all. Not only was he charged with a DUI, additional charges of tampering with evidence and obstruction were added.
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Tips and Advice for DUI Traffic Stops in Colorado
While trying to eat your DUI test results isn't a good option for dealing with DUI or DWAI charges in Adams, Arapahoe, or Douglas County, there are a few things which are helpful to know when you are pulled over under suspicion of DUI. Here are a few tips we've gathered over the years as skilled criminal defense lawyers:
Only Roll the Window Down a Few Inches:
This might seem rude, but believe us when we stress the importance of only rolling your window down far enough to pass your insurance and proof of registration through to the officer. The police are looking for evidence of intoxication when they pull you over. They will look at your eyes to see if they are bloodshot. They will try to smell alcohol on your breath. They aren't able to do these things if they can't observe you closely during the traffic stop.
Say “No” to Roadside Tests and Maneuvers:
Roadside maneuvers such as “walk the line” and saying the ABC's backwards (which perfectly sober people can't even accomplish) are completely voluntary. The police officer is supposed to state the tests are voluntary, but they often insinuate you will be in trouble if you don't comply. And, some police officers will act unlawfully and arrest you without evidence. But, even being arrested unlawfully is better than providing evidence.
Decide Whether to Submit to Express Consent:
If the police believe they have enough evidence you are intoxicated, they will arrest you and take you to the police station to administer a blood or breath test. This test is required according to expressed consent law, but you can refuse to submit. This will result in the loss of your driver's license for two months, when you can apply for a restricted license. If you submit to the test and your BAC is above the legal limit, your license will be revoked for one month, and you face a DUI conviction on your record. It is wise to weigh the loss of your license for two months (for the refusal) against the loss of your license for one month, and a DUI conviction (if you submit and your BAC is high).
Why You Need a Lawyer for DUI and DWAI Charges
If you were arrested for DUI or DWAI and have been charged, it is vital that you contact an outstanding criminal defense attorney immediately. The early involvement of a lawyer can make all the difference in your case. DUI convictions can't be sealed in Colorado, so you need to fight the charges against you. A skilled lawyer will be able to take a look at your case and determine whether or not the police acted unlawfully by arresting you. Don't try to fight the charges yourself when your driver's license and mobility are at stake. Work with a lawyer to protect your future.
Get Help Now
If you or a loved one has been charged with a DUI or DWAI, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. If you or a friend needs a jail visit from an attorney, we can do that. Together, we will protect your future.Request a Free Consultation
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