Fort Collins DUI Attorney: Drinking and Driving Isn’t Illegal
First, let me point out something you may not know. It isn’t illegal to drink and drive. Let me say that again: It isn’t illegal to drink and drive. You are allowed by law to have a few drinks and drive, so long as you do not exceed the legal Blood Alcohol Content limit (BAC). This doesn’t mean you should tell the police what you’ve been doing. When you are pulled over, don’t tell the police anything. Instead, after you have provided your license and registration, ask them: “Am I being detained, or am I free to go?”
Larimer County DWAI Lawyer: Know What the Law Requires – Probable Cause
To pull you over in the first case, police officers must have a “reasonable suspicion” of criminal activity (i.e. the reason they pulled you over). Then, they must meet the probable cause standard to arrest you for DUI / DWAI. In order to establish probable cause, they look at multiple things, such as:
- Driving (weaving, swerving, did you crash, etc.)
- Physical Characteristics (slurred speech, movement, walk, appearance, etc.).
Fort Collins Driving While Ability Impaired Attorney: Voluntary Roadside Tests
Police want to gather as much evidence as possible to support their probable cause to arrest you. In order to observe you closely, they will ask you to participate in voluntary roadside maneuvers, Many sheriff’s deputies and police officers will not say these tests are voluntary, because they know you would likely refuse them if you did. The police will try to trick you into perform roadsides by acting like you must do them. It is never in your best interest to participate in these tests, which include: [pullquote align=”right” textalign=”center” width=”30%”]These tests are voluntary![/pullquote]
– Romberg Test (balance test)
– Walk and turn
– Saying the alphabet backwards
– Standing on one leg
– Horizontal gaze nystagmus test
The purpose of these tests is to gather evidence to arrest you. So, why would anyone participate? If you refuse, the police officer must make a decision about whether or not they have probable cause to arrest you based on much less data.
A Required Test for DUI / DWAI in Colorado
There is one test you are required by law to take: This is the blood alcohol (BAC), Express Consent test which will be taken at a police station or hospital. All drivers are required to choose either a blood or breath test after they have been arrested for DUI or DWAI. The results of this test will allegedly show the amount of alcohol you have in your system and might be used in court during your DUI case. Even ifyou have a high BAC, these tests are full of inaccuracies, and the police routinely misuse them. It is important to understand the difference between the portable breath test (PBT) and the BAC test. The PBT is taken roadside on a portable unit, while the BAC, Express Consent (EC) test is done after an arrest, at a police station or hospital. Like the voluntary roadside tests, the PBT test is voluntary! The BAC test is not voluntary. The PBT test is highly inaccurate, and is not admissible in court.
Know Your Rights Regarding DUI and DWAI in Larimer County
It is important to know your rights regarding DUI’s and DWAI’s in Larimer County. If you have been pulled over, know your rights, and don’t be bullied by the police officer. Say “no” to the roadside tests, and contact an experienced criminal defense attorney immediately if you believe you were arrested without probable cause.
If you have been arrested for DUI or DWAI in Fort Collins, Loveland, or Estes Park, contact one of our experienced criminal defense attorneys immediately. 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, or submit the “Get Help Now” form.
Together, we can protect your future.
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Related Links:
- Learn more about DUI and DWAI charges in Larimer County
- Visit the Fort Collins Police Department website