So you have been charged with driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado. If you are online and just starting your search for help with this problem, you are no doubt overwhelmed by the sheer number of attorneys and law firms who consider themselves “experts” in the area of impaired driving law.
Be careful. Many criminal defense firms who advertise as specializing in drunk driving cases are more generalists who consider these types of cases as another “run of the mill” criminal matter. They are not. DUI cases involve both general search and seizure law that is applicable to a wide variety of cases and specialized knowledge that is tailored specifically to matters involving intoxicated driving.
How Do Police Start a DUI Investigation in Colorado?
Good drunk driving attorneys know that police typically start an impaired vehicle operation case through some form of a vehicle stop. Whether it is observing a driving infraction (such as weaving, speeding, illegal lane change, etc.), or an officer responding to a vehicle accident, a police officer starts a DUI investigation after receiving reasonable suspicion that a vehicle operator is impaired based upon the initial stop (Peterson v. Tipton, 833 P.2d 830, 831 (Colo. App. 1992)). Effective lawyers understand how to challenge if the initial police stop or encounter was valid and if the resulting investigation was justified.
What Counts as Reasonable Suspicion in a Colorado DUI Stop?
If the police stop or encounter was valid, good DUI lawyers then see if police had reasonable suspicion to investigate the driver for intoxicated driving. Police frequently recite a standardized list of criteria to meet the reasonable suspicion standard – the driver had bloodshot, watery eyes; his or her speech was slurred; an odor of alcoholic beverage was coming from the driver’s breath, etc., etc. Fortunately, Colorado has a police body camera law which requires law enforcement officers to record encounters with drivers (§ 24-31-902, C.R.S.). Good lawyers use the body camera recordings to refute police claims that drivers appeared intoxicated, and officers thereafter lacked reasonable suspicion to investigate for DUI.
What Field Sobriety and Chemical Tests Should a DUI Lawyer Understand?
Effective DUI attorneys also are well-versed in the specialized tests used by law enforcement to gather evidence of impaired driving. For instance, police will likely request the driver to perform what are called “roadside maneuvers” testing for impairment. These include the walk-and-turn, the one-leg stand and the horizontal gaze nystagmus (HGN) test. However, these tests must be explained properly to the suspect and performed by specific standards for a court to accept the results.
After a person is arrested for DUI or DWAI, the officer will typically request the person to perform a blood or breath test under Colorado’s Express Consent law. If the person chooses breath, police will likely perform this at a station. Again, both the Express Consent advisement and the breath test must be performed by established standards. If not, the test results may be excluded from evidence. Good DUI lawyers know these standards and how to argue them before judges to show why test results should not be accepted by the court.
What Sentencing Alternatives Exist for a Colorado DUI or DWAI?
Finally, good DUI lawyers know about sentencing alternatives that may help their clients who wish to plead guilty but do not want to suffer the long term ramifications that a conviction can have on a person’s future. These ramifications include, for example, restricted driving privileges and inability to find gainful employment. Alternatives in Colorado which may be available to defendants include negotiating a guilty plea to a lesser charge (such as reckless driving), participation in an adult DUI diversion program (which, if successfully completed, can result in a person having no record of the criminal charge), or, if the blood alcohol content was especially high (typically 0.20 or greater) and a jail sentence is mandatory, incarceration alternatives such as work release which permits a person to not suffer grave adverse impacts like loss of employment. An effective DUI lawyer will advocate for his or her client with the prosecution and strive to get the best possible outcome to a case.
Talk to a Colorado DUI Lawyer Who Knows This Area of Law
If you are facing DUI or DWAI in Colorado, contact Mile High Legal and let our DUI experts help you in this challenging time to get the best possible resolution to your case. For more on what to ask before you hire, see our guide on choosing the right DUI attorney in Denver.
