It can happen to anyone. Maybe you had "one too many." Maybe you weren't impaired at all and an over-zealous officer arrested you. Or maybe it was just a really hard month and you went out to unwind and drank way too much. Any of these scenarios can happen to anyone. Assuming you are in this situation, it is important that you understand the Colorado DUI laws that will control the process once you start going to court with your DUI lawyer.
BEING DETAINED
Every Colorado DUI begins with being detained by a police officer. That detention will always result from one of three scenarios:
Being Stopped: for either a traffic law violation, for driving poorly in a way that suggests possible impairment, or another driver calling in on the REDDI line to report bad driving.
Falling Asleep Behind the Wheel: Some drivers may dose off while sitting at a red light, waiting at a late-night fast food drive through, or even parked in a parking lot. Colorado law allows a DUI charge even if the car isn't moving, and in some DUI cases even if the car is turned off.
Crash: sometimes drivers are involved in accidents. This is usually the worse situation to result in a DUI charge, especially if someone is injured. A driver can also end up needing a DUI attorney even if another driver was at fault in the crash.
ROADSIDE MANEUVERS
Almost every DUI case involves roadside balancing tests as part of the arrest process. Participation in these exercises, commonly called "sobriety tests," is NOT REQUIRED BY LAW. The scientific challenges and unfairness of these moves are beyond the scope of this article, but the results of these tests are at best indicators to support probable cause for arrest for DUI. These exercises are NOT scientific.
CHEMICAL TESTS OF BLOOD OR BREATH
After arrest, officers will tell a driver that, "...by simply driving on a Colorado road, you have already consented to give a sample of blood or breath ..." Colorado Express Consent law does provide for license revocation for one year if you decide not to give a specimen. This revocation can be challenged and a hearing can be held by your DU defense attorney. A refusal to give a specimen can also be admissible at a DUI trial.
PRE-TRIAL RELEASE
Pre-trial monitoring is almost like a mini probation. While your case is pending and your DUI lawyer is reviewing evidence, some defendants are required to check in with pre-trial services and submit to sobriety monitoring. This usually consists of random urine tests or a SCRAM ankle monitor. In essence, the courts will be watching you to make sure you are not drinking or using illegal drugs while you are going to court.
In most case in which you have no prior DUI history, you will not be required to participate in pre-trial monitoring. In serious cases, such as a crash or a high alcohol level, some judges may require pre-trial supervision. Pre-trial monitoring will always be required in cases where the driver has a prior record of DUIs.
DISCOVERY
Once you obtain the best DUI lawyer you can contact, the prosecution will be required to share all evidence in your case with your counsel. This evidence is summarized in all police reports/ forms. All of these documents will be carefully reviewed by your defense lawyer. Actual evidence can include, dash-cams, body cams, traffic camera video, business security videos, 911/ REDDI call recordings, and of course laboratory results of DUI blood or breath tests. Your DUI defense lawyer will evaluate all of these sources of information to assess how strong the DUI case may be. During this process, your counsel will assess your defenses as well. These can include medical issues, age, body type, or other conditions that could have made sobriety tests unfair for you. A properly qualified DUI attorney will also examine the forensic integrity of any scientific tests to see if their accuracy or admissibility can be questioned.