Driving under the influence (DUI), Driving While Ability Impaired (DWAI), and Driving while Under the Influence of Drugs (DUID) are all charges one could face if law enforcement suspects you of intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Colorado, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.
In Colorado, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At JWP Law, we work hard to help you fight a DUI charge, or at a minimum, get the best possible outcome in your unique situation. Contact us at 720-329-4149 to learn more about how we will help you. While DUI defense is technical and requires tailoring to your individual case, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.
What is “blood alcohol content” level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.
What happens during DUI traffic stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, the officer will question you in an attempt to get incriminating information, ask you to take Standardized Field Sobriety Tests (SFSTs), and finally ask for your consent to perform a test of you breath or blood to determine whether you are intoxicated.
Can I refuse to answer the officer's questions?
Simply put, yes. While you must identify yourself to the officer, you DO NOT have to answer questions like whether you have been drinking; where you are going to or from; or anything else the officer may use to intimate that you are intoxicated.
What are standardized field sobriety tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized FSTs:
- the Horizontal Gaze Nystagmus Test (HGN test)
- the One-Leg Stand Test (OLS test)
- the Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Non-standardized FSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
- the coin pickup test
Can I refuse field sobriety tests in Colorado?
These maneuvers are VOLUNTARY and you are NOT REQUIRED to perform them. While commonly offered as a way to prove you are able to drive safely, the truth is that they are only utilized to gather evidence against you.
Another VOLUNTARY test the officer may ask for you to perform is the Portable Breathalyzer Test (PBT). These instruments are not calibrated or maintained like the actual breathalyzer machine usually located at a police station. The PBT is used solely for an officer to establish probable cause to arrest you for DUI/DWAI and request that you take an admissible breath/blood test.
Can I refuse a breath/blood test in Denver?
You can refuse a breath and blood test. Refusal, however, can carry with it significant consequences. Those consequences can depend on the outcome of your DMV Hearing, but your license can be suspended and you can still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
After a DUI arrest in Colorado, will my driver's license be revoked?
There are two different types of revocations. The first is an administrative revocation, and Colorado will revoke your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance. If you refuse a breath/blood test, or if you take a breath test and are over the limit, you will receive an Express Consent Affidavit. You only have seven (7) days from receipt of that Affidavit to demand a hearing with the Department of Motor Vehicles to fight the seemingly automatic suspension. If, however, you take a blood test, you must wait for those blood results to be returned to demand a hearing.
The other type of suspension occurs when you are convicted of a DUI or other offenses which carry points against your license. The length of suspension, and what you must do to reinstate your driving privileges, depends on your BAC, the offense for which you are convicted, and whether this was a first or subsequent offense.
What happens after a drunk driving arrest in Denver?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, and other penalties.
Can I just plead guilty to drunk driving?
You can plead guilty, but the real question is whether you should. It would be unadvisable to plead guilty without the counsel of an experienced attorney, and there are multiple reasons for this.
- If you plead guilty, you lose any opportunity to fight the DUI charge.
- If you plead guilty, you also lose any opportunity for a plea deal which could be more favorable in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than a plea of guilty without the advice of counsel.
- The sentence may be harsher when given in response to an expedient plea of guilty, as opposed to what a plea deal could entail with time to mitigate and negotiate.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.
Do I need a drunk driving lawyer in Colorado to win my DUI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.
How Much Does a DUI Defense Lawyer Cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
The more experienced lawyers will cost more, but they can save you more in the long run in terms of auto insurance, lost wages, and, most importantly, your freedom.
Contact a DUI Defense Attorney in Denver Today
At JWP Law, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, and breath tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact our DUI defense lawyer in Denver today at 720-329-4149 to schedule a Free Consultation and get honest advice on your best legal options.