Going to a party and having a few drinks is not considered illegal. Getting behind the wheel when your blood alcohol content is too high is illegal, however. Drinking and driving can lead to your arrest in Douglas County if you are pulled over by the police. The cop will ask that you take part in field sobriety tests.
Here are a few examples of roadside tests:
- Walk and Turn
- One Leg Stand
- Walk the Line
- Finger to Nose
It is in your best interest to decline these tests, not only because they are voluntary, but also because they will provide evidence and support probable cause for your arrest. If declined, the officer may arrest you and take you to jail. Being charged with Driving Under the Influence of Alcohol is taken seriously in Colorado and results in an immediate arrest and mandatory court appearance if the officer decides to arrest you. Due to the serious nature of a DUI, police in Denver and Arapahoe County have a tendency to lump all people accused of charges involving drinking together. As a result, you could be jailed with serious alcoholics. Our attorneys at O'Malley and Sawyer prove indispensable early on in your DUI case by making sure that this doesn't happen to you.
Pulled Over for a DUI? Here's What You Should Expect
Step One: Pulled Over
The police must have reasonable suspicion of criminal activity in order to pull you over. This might be speeding, swerving, failing to signal, irregular driving.
Step Two: Gather Evidence
The police will watch you closely for signs of intoxication, and will ask that you complete voluntary roadside tests. We recommend you politely refuse to participate.
Step Three: Make an Arrest
If the police arrest you for DUI, they must have probable cause (enough evidence to show you are intoxicated). You will be transported to a local jail.
Step Four: Express Consent
Once at the jail, you will be required to take the Express Consent Test, which is either a blood or breath test. You are required to take this test.
Watch this Video on DUI for More Information
The Next Step: Express Consent Test (ECT)
Once you have been arrested and taken to a jail in Adams or Jefferson County, you will be required to submit to either a blood or breath test to determine your blood alcohol content (BAC). It is in your best interest not to refuse this test as you will automatically lose your license for a year. These tests are the foundation for the case against you. If your BAC is determined to be .08 or higher, you are presumed guilty of Driving Under the Influence of Alcohol. In addition to determining your BAC, the police will use other evidence they gathered against you to support probable cause to arrest you, such as speeding, weaving in and out of traffic, not stopping at a red lights, or other irregular driving which will support the case against you.
We Fight to Win DUI Cases.
Driving Under the Influence: A Charge Doesn't Mean Guilt
If you have been charged with Driving Under the Influence of Alcohol, you need to hire a criminal defense attorney. At O'Malley and Sawyer, we work with facts and not presumptions. We will read your discovery (police report of the circumstances), talk with the District Attorney and the judge to set a trial date, or reach a favorable plea bargain. We personally examine all of the evidence in your case. After reading everything, we will sit down with you and determine if you were arrested without probable cause, and if the evidence against you supports the DUI charge. Whatever we find, we promise to be by your side fighting for you. We work hard to present a defense which protects your future and privilege to drive.