Do you want to be arrested? When we ask people this, the answer is always an adamant “no.” Unfortunately, most people unknowingly help the police arrest them for crimes in Larimer, Boulder, and Gilpin County. One of these crimes is DUI / DWAI – C.R.S. 42-4-1301. Because people don’t’ know their rights, they give police all the tools and evidence they need for a conviction by participating in roadside maneuvers. A DUI conviction is not sealable, which has a negative impact on your future. Don’t give the police what they need to arrest you for DUI / DWAI.
Drinking and Driving – It’s Not Illegal
It’s true: The law doesn’t state you aren’t allowed to “drink a few beers and then drive.” Instead, the law specifies a specific Blood Alcohol Content level (BAC) you must stay below in order to drive legally. If you have a few drinks over a period of time with food, and your BAC level isn’t above the legal limit – it is legal for you to drive. Don’t let the police bully you when you are pulled over – as long as you’re within the legal limit, you haven’t done anything wrong by drinking and driving.
Say “No” to Roadside Tests: They’re Voluntary
When you’ve been pulled over for suspicion of driving under the influence, the Fort Collins, Loveland, or Estes Park police officer will observe you closely. They are looking for any signs you’ve been drinking, such as your driving behavior (erratic driving, swerving, etc.) and your physical behavior (bloodshot eyes, slurred speech, etc.). It’s important to understand the police must have “probable cause” in order to arrest you for DUI. One of the ways they gather enough evidence for probable cause is to ask that you participate in roadside maneuvers, or tests. These are voluntary, but officers won’t always inform you that you can decline to participate. Roadside tests include saying the alphabet backwards, walking a line, standing on one leg, a “horizontal gaze” nystagmus test, and a balance test. All these tests will be used to gather evidence of your intoxication, not to prove your sobriety. These tests are voluntary, so why would you participate?
Required Blood and Breath Test
If a police officer feels he has enough evidence (probable cause) of your level of intoxication, he will arrest you for DUI. Once this has happened, you are required by the Express Consent law to take either a blood or breath test. You are able to choose which one to take (either blood drawn from a vein with a needle, or breathing into an intoxilizer machine). This is done to measure your exact BAC level. This is not a voluntary test – you are required by law to participate.
DUI / DWAI Arrest – Why You Need an Experienced Criminal Defense Attorney
If you were arrested and charged with a DUI / DWAI, and you don’t believe the arresting police officer had enough evidence (probable cause) to arrest you, we can fight the charges against you. Often, we are able to prove the police arrested you unjustly and you will not be convicted with a DUI or DWAI.
If you or a loved one has been charged with a DUI / DWAI and you don’t believe the police had probable cause (whether or not you participated in roadside maneuvers), 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 970-658-0007. Together, we can protect your future.
Image Credit: Pixabay – Larisa-K