There is a lot of confusion about DUI / DWAI law in Larimer and Jackson County (C.R.S. 42-4-1301). Many people don’t know their rights. As criminal defense attorneys who have over 20 years of experienced working with clients in DUI / DWAI cases, we have a thorough understanding of how the law works. There is a test you are not required to take, and there is a test you are required to take. The voluntary test is the roadside maneuvers, and the test required by law is the breath or blood sample. We’ll discuss both in this blog.
1. Roadside Maneuvers are Voluntary in Fort Collins and Larimer County
Let’s say you get pulled over by a Fort Collins police officer, who asks if you have had anything to drink. You respond with “only a couple drinks.” The officer will usually ask that you complete voluntary roadside maneuvers, such as walking a line outside your car, or saying the alphabet backwards. It is never in your best interest to complete these tests: Always say “no.” This is the officer’s first step in determining your level of intoxication. If they have “probable cause” (i.e. if they believe they have enough evidence to prove you are driving under the influence), they will usually proceed to the next step – the blood or breath test.
2. Blood and Breath Tests for DUI: Express Consent Law
According to the Colorado Expressed Consent law – C.R.S. 42-4-1301.1, you have already given your consent to take a blood or breath test when a police officer requests. This is because you gave consent in order to get your license from the DMV. This means you are required by law to give a blood or breath sample to a Loveland, Estes Park, or Berthoud police officer before speaking with an attorney. If a police officer has probable cause, they will read you a card which explains the Express Consent law in Colorado. They will ask if you want to take a blood or breath test. Remember – this is not voluntary. You must choose either the blood or the breath test, and you cannot change your mind once you have stated which you choose. If you refuse to take the test, your license will be revoked by the DMV for at least one year. It is never a good idea to refuse this test. A first-time conviction of DUI carries the consequence of losing your license for 9 months, with the possibility of reinstatement after just one month. The consequences of a refusal are much worse.
Why You Need a DUI / DWAI Lawyer in Larimer County
The police have far too much power. We have seen people charged with a refusal to take a blood or breath test simply because they changed their mind about which test they wished to perform, or because they were unable to make a decision due to their state of mind. This is a misuse of power. If you have been charged with refusal or a DUI or DWAI, don’t hesitate to contact an experienced criminal defense lawyer to fight on your behalf in court.
If you or a loved one has been charged with DUI / DWAI or refusal to complete a blood or breath test in Fort Collins, Windsor, or Johnstown, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
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