Often, 4th of July celebrations include a drink with neighbors or friends during barbecues. For Fort Collins Police Officers and Larimer County Sheriff Deputies, the July 4th holiday means more arrests for Driving Under the Influence or Driving While Ability Impaired. That’s right, during the holiday weekend (and into the week) more law enforcement officers were on duty, specifically looking for impaired drivers. Police will look for any excuse to pull you over – even the light being out on your license plate – and then ask you to do roadsides – which are subjective and hard for even a sober person to pass. Hopefully, you escaped the weekend without any police contact, but if you weren’t so lucky, call us today for a free consultation.
Larimer County DUI Lawyer: What is a DUI or DWAI in Boulder County?
In simplest terms, Driving Under the Influence and Driving While Ability Impaired – C.R.S. 42-4-1301 – are charged in Larimer, Boulder, and Jackson County when a person has a BAC (blood alcohol content) of .05 or higher. Specifically, here is the BAC breakdown:
- .05 – .079 is charged as Driving While Ability Impaired (DWAI)
- .08 or higher is charged as Driving Under the Influence (DUI)
A person’s BAC is measured through a blood or breath test, which is administered after a person under suspicion of impaired driving has been arrested. This is known as express consent. When a person applies for a Colorado Driver’s License, they are agreeing to provide a sample of their blood or breath after a DUI or DWAI arrest. Refusal to provide the sample will result in an automatic revocation of the driver’s license for 9 months – regardless of the outcome of the criminal case.
Roadside Tests in Fort Collins DUI: Voluntary is the Key Word For This Holiday Weekend
Anytime a person is pulled over and DUI is suspected, Fort Collins, Loveland, and Estes Park Police Officers will ask for them to complete some roadside tests. These tests are voluntary, and we always recommend that you say no. If the officers have probable cause to arrest you without these voluntary test results, they will. If they don’t have the probable cause, then you don’t want to do anything to help them get it. The tests are subjective and unreliable, but give officers the perfect excuse to arrest you and get your blood or breath sample – the only official test involved.
If you have been recently arrested for a DUI or DWAI, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
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