Fighting a DUi Charge in Colorado

Copyright (c) 2009 Chuck Matthews

In Boulder County, Colorado there are on average more than 1,500 people are arrested each year and charged with Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI). According to Colorado law, Driving Under the Influence means that the amount of alcohol in your system, or Blood Alcohol Content, or BAC, was .08 or more at the time you were driving and Driving While Ability Impaired means that the amount of alcohol in your system was .05 or greater at the time you were driving.

In court, the Boulder County district attorney must prove beyond a reasonable doubt that you're driving was impaired to the slightest degree, and there are a number of factors that the Boulder D.A.'s Office can use to prove beyond a reasonable doubt that you are guilty as charged. Some of these factors include the reason why you were stopped, your actions and overall behavior while stopped, how well you perform the field sobriety tests and if you show signs of intoxication or not and finally, what the results of the field sobriety test were.

Consequently, it's important to be aware of the above factors and what to do if you are pulled over and/or arrested on suspicion of drunk driving. Here are some important things to remember in case you are pulled over on suspicion of drunk driving:

1. Find a safe place to pull over and get off the road safely and quickly. Remember that, as soon as the police officer decides to pull you over for drunk driving (DUI/DWI), he starts making observations that he will put in the police report. This document can have a lsignificant impact on the outcome of both your criminal trial and your DMV drivers license hearing. One of the first things the officer does is make a mental note of how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report.

2. Stay inside the car and don't make any sudden movements. Officers are trained to be cautious, and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, don't make any sudden movements and keep your hands on the steering wheel.

3. Be polite - don't flunk the "personality test". The obvious reason to treat the officer respectfully is that you are far less likely to be arrested. If you're rude or hostile, the officer is more likely do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply, otherwise you could be charged with resisting arrest.

4. Don't answer any potentially incriminating questions, and don't lie. The anxiety of getting pulled over often causes people to incriminate themselves. Police are well aware of this and routinely ask questions leading you to incriminate yourself. You do have to give your name, license and registration to the police officer, but if the officer asks you "How much have you had to drink?" or "How do you feel?" say something to the effect of, "I'm sorry officer, but I've been advised not to answer any more questions until I speak to my attorney."

5. Refuse field sobriety and hand-held breathalyzer tests, but take the breath test at the police station. You are under no legal obligation to perform a field sobriety test or a roadside breathalyzer test, and it is highly recommended that you refuse to take either of these tests, as they are highly subjective and can be easily skewed to bolster the case against you and in favor of the prosecution.

In contrast to the optional field sobriety and roadside breathalyzer tests, you are obligated by law to take a breath or chemical test at the police station. It is recommended that you choose to take the breath tests because they're more unreliable, and thus their validity can be more effectively challenged in court. On the other hand, refusing a breath or chemical test can be used as evidence of an implied admission of guilt, resulting in a DUI or DWAI conviction and /or drivers license suspension.

6. Once you've been released, write down everything that you can remember about the night. The more notes you take about your arrest, the easier it will be for your attorney to fight the charges against you. Include in your notes things like the following.

- what you were doing and where you were doing before you drove - where/when you were pulled over, and if you were read your Miranda rights - how much you had to drink - what test(s) you took (field sobriety and/or breathalyzer, breath test at the police station) - how much time passed after you were arrested - how the officer behaved, any instructions he gave you - what you said to the officer

Write down every detail that you can think of, even if it doesn't strike you as relevant.

7. Contact an experienced DUI attorney. If you have been arrested and charged with a DUI or DWAI in Boulder County, the single most important thing you can do for yourself is to find a qualified Colorado DUI attorney practicing in Boulder County who has at least 10 years experience, a thorough understanding of both Colorado DUI law and the Boulder Country court system and a good working relationship with the Boulder County DA's Office, since most DUI cases are resolved without going to trial. You need a DUI attorney that who understands and can think like the prosecution so that they are able to communicate and work with each other effectively.

The consequences of a DUI conviction can be a permanent detriment to your quality of life in a wide variety of ways so it's extremely important to choose your DUI defense attorney carefully! Look for a DUI attorney that has at least ten years experience, has excellent communication skills, is a good listener, and has a solid working relationship with the Boulder County DA's Office. Such a DUI Attorney is most likely going to broker an optimal resolution to your DUI case.