Like most crimes, Driving Under the Influence and Driving While Ability Impaired charges start when the Fort Collins Police make an arrest. So, then, what exactly are they, the Loveland Police, or the Larimer County Sheriff looking for when they arrest a driver for drunk driving? When does your Blood Alcohol Content / BAC come into play? And at what point does law enforcement have enough to arrest you for DUI or DWAI? Below, our top Fort Collins DUI lawyers discuss what law enforcement looks for when arresting people for intoxicated driving in Colorado.
What is Probable Cause in Larimer County?
Probable cause is the standard that the Larimer County Sheriff and other law enforcement officers in the U.S. must meet to effect an arrest. Essentially, it is the presence of enough available evidence that demonstrates that you most likely committed the crime that you are suspected of. In the context of DUI, probable cause is substantiated by:
- Observations of your driving and your appearance,
- Your results on a voluntary preliminary breath test / PBT, and
- Your performance on voluntary field sobriety tests.
DUI Arrests in Fort Collins Often Start with Minor Traffic Violations
Many DUI arrests start when the Fort Collins Police pull a driver over for a minor traffic violation. Having expired tags, failing to signal, or following too closely can all give cause for a police officer to pull a driver over. Then, during the traffic stop, the officer will observe the driver to see if they are driving while ability impaired or under the influence of alcohol. Slurred speech, bloodshot eyes, and having an odor of alcohol on you are just a few common signs of possible intoxication.
Signs of Drunk Driving that Loveland Police Look For
In other cases, the Loveland Police and other law enforcement officers pull people over because their driving suggests that they may be under the influence of alcohol, marijuana, or another substance. Signs of drunk driving or intoxicated driving include swerving in and out of your lane, inability to maintain a consistent speed, and making sudden turns. If the police pull you over on suspicion of driving while intoxicated, they may then use other observations to gather enough probable cause to arrest you. Things like your appearance (including your speech and odor), performance on voluntary field sobriety tests, and the voluntary preliminary breath test / breathalyzer may all be taken into consideration.
How Your Blood Alcohol Content / BAC Plays a Role in DUI / DWAI in Larimer County
If you agree to the voluntary breathalyzer test, your Blood Alcohol Content / BAC will also play a role in whether you’re arrested for DUI / DWAI in Larimer County. If the preliminary breath test / PBT shows that you have a BAC higher than 0.05, this helps give the Larimer County Sheriff’s Deputy enough probable cause to arrest you. Your PBT results are often combined with roadside test performance and observations of your appearance and driving to give the arresting officer enough probable cause.
It is critical to understand that the preliminary breath test and field sobriety tests are voluntary. They do not help prove that you were not driving under the influence of alcohol – they only help give the police probable cause. Do not help the police arrest you – always politely refuse these tests.
If you’ve been charged with DUI or DWAI, remember to be smart, and exercise your right to stay silent. Never answer questions from the Fort Collins Police, Loveland Police, or Larimer Couty Sheriff. Then call 970-658-0007 to get in contact with one of our top Fort Collins DUI lawyers to discuss your case today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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