DUI Articles
Are Field Sobriety Tests Required in Colorado?
Colorado requires police to have “reasonable suspicion” to pull over a vehicle or make a traffic stop. “Reasonable suspicion” dictates that an officer must have articulable facts that the driver is committing a crime. Some of these crimes that qualify include:
- Speeding
- Rolling through a stop sign
- Having a broken tail light
- Failing to signal for a lane change
Report: Half of Drinkers Risk DUI
Enjoying a pleasant dinner out, a get together at a local bar or club, or a meeting with friends often involves consuming alcohol. Even if you are careful about how much you drink, a recent study reveals that almost half of drinkers underestimate their BAC (blood alcohol concentration), believe they are safe to drive, but are at risk of being charged with DUI.
What Happens If You Refuse a DUI Test in Colorado?
Field sobriety tests are technically voluntary. You have the right to politely decline an officer’s command or request that you take a preliminary breathalyzer test, or PBT, on the side of the road. Roadside tests cannot be used against you in court, but tabletop test results are admissible. In fact, if you refuse a breath or blood test at the station a jury will typically assume you had something to hide and will not look favorably on your case.
Avoid DUI Penalties: Be Home for the Holidays
Motor vehicle crashes are the leading cause of death in the United States for people under the age of 54. Last year, over 42,000 Americans died in car crashes according to the National Safety Council, an increase of about three thousand deaths over the previous year. We are happy to report that traffic fatalities went down by 2.4% in Colorado last year, and we would like to see this trend continue.
Should You Agree to a Field Sobriety Test?
In Colorado, a police officer who pulls you over for suspected intoxication has the right to request that you submit to certain tests. However, a field sobriety test is also voluntary on your part, and you can refuse to submit to one. Still, doing so can have consequences.
Should you agree to a field sobriety test, any errors in the testing procedure or perceived results could have immediate and long-term consequences. Our DUI team can help you fight the resulting charges and build a credible defense so you can hold on to your driver’s license, avoid points on your license, and maintain a career that depends on an unblemished driving record.
When Does Marijuana Lead to a DUI Conviction in CO?
Although recreational use of marijuana is now legal in Colorado, DUI is still a crime. You face the same basic criminal penalties for driving under the influence of marijuana as you would for driving under the influence of alcohol. There is no strict legal limit for marijuana at which point you are considered too impaired to drive. You can be charged with DUI of marijuana if you are substantially mentally and/or physically incapable of safely operating a motor vehicle. This offense is usually charged as a misdemeanor.
Defending Breckenridge Vacationers Against DUI Charges
Every state has its own strict laws regarding driving under the influence, and there are unique procedures and factors that can heavily impact your case. For visitors from out of state, Colorado’s DUI laws may feel familiar in some areas and completely foreign in others. After you or a loved one has been arrested for a DUI, you may be incredibly confused about what penalties you are facing, how your charges will impact your driving privileges, and what steps to take to get your rights back. Our team of Summit County criminal defense attorneys at Whitaker & Penix, LLC is here to guide you through the process.