DUI Laws are complex, because there are many factors to weigh in. This includes:
The age of the driver – which can affect the penalties and how the case is handled.
Sobriety checkpoints – do these disregard your constitutional rights or are they indeed legal in the state of Colorado?
Injuries – were there any injuries to others involved, or was an accident recorded? How about fatalities? This would them be regarded as Vehicular Manslaughter While Intoxicated.
There are many other questions to ask as it relates to driving while intoxicated. If you were behind the wheel, you will also need to learn more about typical penalties handed out in the courtroom. This article provides a brief primer on some of the most common questions that Denver attorneys who handle DUI cases take on:
Can I refuse a field sobriety test and what is this exactly?
If you were stopped by a police officer on the roadway and were suspected of being intoxicated for one reason or another, you may have been asked to take one of three standardized field sobriety tests. These include the walk and turn, which is abbreviated as “WAT”, “HGN” for Horizontal Gaze Nystagmus, and “OLS” for the one leg stand. What many drivers are not aware of is that taking any one of these three tests is in no way required by the law. If you are however asked to take a Breathalyzer test or some of other chemical tests such as blood and urine tests, then this is by all means mandatory in the eyes of the law.
What are some of the signs of an intoxicated driver?
There are many signs of intoxication that a trained police officer is able to pinpoint as probable cause for pulling over a driver. A few examples include driving erratically, such as speeding, weaving to and from lanes on a roadway, or suddenly starting and stopping. In addition, if the driver has a hard time identifying themselves when pulled over or has red shot eyes – these are some indications of intoxication. Still, there are innocent explanations to unusual behavior, which a DUI attorney in Colorado can help to prove.
What does failing a Breathalyzer test mean?
The legal limit for driving while under the influence of alcohol in the state of Colorado is 0.08%. As another note, there may be some enhancements in sentencing based on exceeding alcohol intoxication levels.
Is there more than one kind of DUI?
Absolutely. A DUI can also entail driving under the influence of drugs and not only alcohol alone. The problem with these forms of DUI however is that there’s no real way to test the level of intoxications for drugs as is the case with alcohol.
Some examples of drugs that are commonly found in the bloodstream of DUI offenders are marijuana, heroin, cocaine and street or party drugs. In addition, it should be duly noted that drivers are sometimes arrested for DUI while under the influence of prescription medications, if the warning label reads: do not to operate motor vehicles while using.